Tag Archives: Montana Supreme Court

Montana Supreme Court on Reason to Know [ICWA]

Here. And a long excerpt: Contrary to the Department’s assertion and the apparent corresponding view of the District Court, the “reason to know” standard does not necessarily require an evidentiary showing, and certainly not by the parents, that a child … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

Determination of Indian Child ICWA Case out of Montana Supreme Court

Here. In affidavits supporting the TIA and TLC petitions, Child Protection Specialists (CPS) noted they had no reason to believe that any of the children were subject to the Indian Child Welfare Act (ICWA). However, at a May 2016 show … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Montana Supreme Court ICWA Notice Case

Here ¶28 In this case, CPS Lebrun’s testimony that an unidentified person orally confirmed that “they are not eligible, just they can only be descendent members” does not satisfy the Department’s ICWA burden. As a direct result of the Department’s … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Montana Supreme Court ICWA Case on Termination Standards

Here 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 … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , | 2 Comments

Montana Supreme Court: State has Duty to Actively Determine if Child is Indian Child

Here. In this case, as early as 2014, the State, through the Department, had reason to believe and, as asserted in its various petition averments and request for the District Court to proceed under ICWA, did believe that L.D. was … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , | 3 Comments

Montana SCT Affirms Constitutionality of CSKT Water Rights Compact

Here is the opinion in Flathead Joint Board of Control v. State. Briefs: Board brief State brief Tribe brief Board reply State reply

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , , , ,

Montana SCT Holds Water Rights Associated with Former Crow Allotment but Now Held by Others are Not Part of Tribal Water Right

Here are the materials in In re Scott Ranch: Opinion/Order  Amicus Curiae Brief  Appellant Brief 

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , ,

Montana SCT Affirms Immunity for Tribal Police Officer and CSKT

Here are the materials in Crawford v. Couture: Montana SCT Opinion Appellant Brief Appellee Brief Reply Brief

Posted in Research, sovereign immunity | Tagged , , ,

Montana SCT Affirms Approval of Crow Water Compact

Here is the opinion: Montana SCT Decision Briefs are here.

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged ,

Cert Petition (Yes, Another One) in Challenge to Crow Water Settlement

Here is the petition in Crow Allottees v. Dept. of Justice: Crow Allottees Cert Petition Question presented: Can the water rights owned by individual Crow Indian allottees – which this Court in United States v. Powers, 305 U.S. 527 (1939) … Continue reading

Posted in Author: Matthew L.M. Fletcher, Supreme Court, water rights | Tagged , , , , | 1 Comment