C.W.B., JR., by and Through His Guardian Ad Litem, Petitioner v. A.S. and J.S., and Concerning the — Rice, J…

Summary

The dissent would hold that foster parents who intervene under an unconditional statutory right have standing to participate fully in dependency and neglect proceedings at both the trial and appellate levels. It reasons that the statute's unrestricted intervention right, as previously interpreted, includes appellate participation and that requiring additional standing would undermine the statutory scheme and the rule governing intervention as of right. Alternatively, the dissent concludes that the foster parents independently had an injury to a legally protected interest because they could have been positioned to adopt the child. Justice Coats joined the dissent.