Montana Supreme Court ICWA Case on Termination Standards


Appellant M.D. (Father) challenges the Thirteenth Judicial District Court’s decision to terminate his parental rights to his minor child, A.L.D. Father contends that the State of Montana’s Department of Public Health and Human Services (Department) did not provide the active efforts required under 25 U.S.C. § 1912(d) to prevent the breakup of an Indian family; that A.L.D. was placed in a foster home in violation of the placement preferences set forth in 25 U.S.C. § 1915; and that Father’s attorney provided ineffective assistance of counsel. We affirm.

Appellant Brief



2 thoughts on “Montana Supreme Court ICWA Case on Termination Standards

  1. Steven Aycock May 10, 2018 / 6:27 pm

    Making referrals is not active efforts.

  2. ilpc May 10, 2018 / 9:40 pm


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