In the Matter of D.S.B. and D.S.B., Supreme Court of Montana. April 30, 2013.

On April 30, 2013, the Montana Supreme Court affirmed the decision of the fourth district court to terminate parental rights.  Issues considered included:

  • Whether the District Court properly concluded treatment plans were appropriate.
  • Whether the State presented sufficient evidence to terminate parental rights under the ICWA.
  • Whether the state made “active efforts” to prevent the breakup of an Indian family as required by the ICWA.
  • Whether the record contains sufficient evidence that the children would likely suffer severe emotional or physical harm if parental custody was maintained.

See the full opinion at the National Indian Law Library website.