Dowell v. Montana Department of Public Health & Human Services

¶1 Linda Dowell moved the Montana Department of Public Health and Human Services (DPHHS) to dismiss its April 1999 substantiations against her for exposing her children to unreasonable risk and for physical neglect on the basis that DPHHS failed to afford her due process. DPHHS upheld its substantiation against Dowell for exposing her children to an unreasonable risk, but vacated its substantiation of physical neglect against Dowell. Dowell appealed DPHHS’s decision to the District Court for the First Judicial District, Lewis and Clark County, which affirmed the agency’s order. Dowell then…