Legal Opinion

In re K.H.

Montana Supreme Court

Decided June 3, 1999No. 98-456PublishedCited by 26 opinions

1Opinion of the CourtJustice Leaphart

¶1 T.L.E., a Crow Indian and the natural mother of the children, appeals from the order of the Thirteenth Judicial District Court, Yel-' lowstone County, terminating her parental rights to her son, K.H., pursuant to the Indian Child Welfare Act of 1978 (ICWA) and the Montana Code.1 We reverse.

¶2 The dispositive issue on appeal is whether the District Court erred under ICWA by terminating T.L.E.’s parental rights to K.H. without the required testimony of a qualified expert witness.

Factual and Procedural Background

¶3 OnSeptember 2,1995,K.H.,aboy, was born to T.L.E.InSeptember of 1996, shortly…

2Cases cited6 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. In re M.E.M. Youth in Need of CareMontana Supreme Court · 1981
  3. State Ex Rel. Juvenile Department v. CharlesCourt of Appeals of Oregon · 1984
  4. Cottrell v. Burlington Northern RailroadMontana Supreme Court · 1993
  5. Cenex v. Board of Com'rs for YellowstoneMontana Supreme Court · 1997

1 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. In re T.E.Montana Supreme Court · 2002
  2. In re G.S.Montana Supreme Court · 2002
  3. State v. ClausellMontana Supreme Court · 2001
  4. Doty-Jabbaar v. Dallas County Child Protective Services, Texas Court of Appeals, 5th District (Dallas)2000
  5. In re the Welfare of L.N.B.-L.Court of Appeals of Washington · 2010

21 more not listed; retrieve them via the Exa API.

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