Legal Opinion

In re J.S.

Montana Supreme Court

Decided March 25, 2014No. DA 13-0539PublishedCited by 18 opinions

1Opinion of the CourtJustice Rice

¶1 S.F. appeals the decision of the Twentieth Judicial District Court, Lake County, to award guardianship of his minor son, J.S., to foster parents. Because J.S. is an “Indian child,” as defined in 25 U.S.C. § 1903(4),1 the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq., applies. We affirm the District Court and restate S.F.’s issues on appeal as follows:

¶2 1. Did the State violate ICWA by failing to provide proper notice to S.F. and his tribe?

¶3 2. Did the State violate ICWA by failing to make active efforts to provide services and promote the relationship between S.F. and J.S. ?

¶4…

2Cases cited11 opinions

  1. Adoptive Couple v. Baby GirlSupreme Court of the United States · 2013
  2. In re G.S.Montana Supreme Court · 2002
  3. In re D.S.B.Montana Supreme Court · 2013
  4. D.E.D. v. StateAlaska Supreme Court · 1985
  5. In re A.N.Montana Supreme Court · 2005

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

3Cited by18 opinions

  1. Adoption B.B. v. R.K.B.Utah Supreme Court · 2017
  2. Jude M. v. State, Department of Health & Social Services, Office of Children's ServicesAlaska Supreme Court · 2017
  3. In re M.S.Montana Supreme Court · 2014
  4. R.B. v. C.W.Court of Appeals of Washington · 2015
  5. Matter of S.B.C. Jr.Montana Supreme Court · 2014

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