In re J.B.

This is an appeal from the judgment of the Thirteenth Judicial District Court, Yellowstone County, declaring J.B. a youth in need of care and granting continued temporary custody of J.B. to the Montana Department of Family Services through May 1996.

We reverse and remand.

We address the following issue as dispositive:

Did the District Court err in granting continued temporary custody of J.B. to the Montana Department of Family Services?

FACTS

In September 1993, the Yellowstone County Attorney's Office, on behalf of the Montana Department of Family Services (DFS), petitioned for temporary…