Case In re the Parenting and Adoption of A.M.S. Court Supreme Court of the State of Montana Judge Ingrid Gustafson
Case In the Matter of M.F., a Youth in Need of Care Court Montana Supreme Court Judge Ingrid Gustafson (Steve
Case In the Matter of L.C., X.P., and N.C., Youths in Need of Care Court Montana Supreme Court Judge Ingrid
The Montana Supreme Court affirmed termination of parental rights in a consolidated three-child case, holding that the Department of Public Health and Human Services made diligent efforts to determine ICWA applicability: a Blackfeet Tribe verification of non-enrollment that was never revised after the Tribe received complete identifying information was conclusive, a typographical error in a putative (not established biological) father’s name was immaterial to tribal eligibility, and the mother waived any ICWA diligence objection by acquiescing in the determinations below and never asserting that the children were Indian children.
The Montana Supreme Court affirmed a protection order protecting the petitioner from the respondent but reversed the child-related provisions—including the elimination of all parenting contact—holding that Montana Code Annotated § 40-15-204(4) requires child-specific findings that the child was a victim of, witnessed, or was endangered by abuse, and that the court must explain why supervised visitation would not adequately address the proven safety concerns before imposing a total contact ban.
Case State of Montana v. Sebastian Nathaniel Belcourt Court Montana Supreme Court Judge Laurie McKinnon (elected 2012) Date Decided May