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  5. 714 P.2d 13 (1986)
 

MATTER OF X

No. 15662.

714 P.2d 13 (1986)

110 Idaho 44

In the Matter of X Child Under the Age of 18 Years. The IDAHO DEPARTMENT OF HEALTH AND WELFARE, State of Idaho, Appellant, v. Tim SYME and Donna Syme, natural parents, Respondents, and James C. Dale, Guardian Ad Litem, Respondent.

Supreme Court of Idaho.

Rehearings Denied February 28, 1986.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Mark A. Ingram, Deputy Atty. Gen., Dept. of Health and Welfare, Boise, for appellant.

Joel E. Tingey, Boise, for respondent Tim Syme.

David E. Kerrick, Caldwell, for respondent Donna Syme.

James C. Dale, Nampa, Guardian Ad Litem, pro se.

SHEPARD, Justice.

This is an appeal from an order of the district court which affirmed the magistrate court's dismissal of a petition filed by Health and Welfare under the Child Protective Act, Title 16, Chapter 16, Idaho Code. The petition sought temporary custody of a four-year-old child of the Symes, or in the alternative, protective supervision of the child in her own home. We reverse in part with instructions for further proceedings.

The Symes had been...

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