Irwin v. Celeya

TROUT, Justice.

NATURE OF THE CASE

This is a guardianship case brought pursuant to I.C. § 15-5-207. The magistrate ruled that the appellant’s parental rights, as the natural mother, were “suspended by circumstance.” He granted the petition for guardianship and issued letters of permanent guardianship to the respondents, who are unrelated to the minor children. The district court, sitting in its appellate capacity, affirmed the magistrate’s decision. For the reasons set forth below, we reverse the decision of the magistrate.

BACKGROUND AND PRIOR PROCEEDINGS

On September 13, 1990, Donald and Kay…