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Montana

Montana Supreme Court
Uncategorized

In re Matters of L.C., X.P. & N.C. — Parental Rights Termination Affirmed; ICWA Diligence Finding Upheld Where Blackfeet Tribe Confirmed Non-Enrollment and Mother Waived Objection Below

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.

Montana Supreme Court
Uncategorized

Helt v. Guess — Order of Protection’s Child-Contact Ban Reversed for Lack of Statutory Child-Specific Findings

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.

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