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Montana Title 41. Minors § 41-3-1307. Determination of Indian tribe

Current as of January 01, 2024 | Updated by Findlaw Staff

<Section terminates June 30, 2025.>

(1) If the Indian child is a member of or eligible for membership in only one tribe, that tribe must be designated as the Indian child's tribe.

(2) If the Indian child meets the definition of Indian child through more than one tribe, deference must be given to the tribe in which the Indian child is already a member, unless otherwise agreed to by the tribes.

(3)(a) If the Indian child meets the definition of Indian child through more than one tribe because the child is a member in more than one tribe or the child is not a member of but is eligible for membership in more than one tribe, the court shall provide the opportunity in any involuntary child custody proceeding for the tribes to determine which tribe should be designated as the Indian child's tribe.

(b) If the tribes are able to reach an agreement, the court shall designate the agreed-on tribe as the Indian child's tribe.

(c) If the tribes are unable to reach an agreement, for the purposes of this part the court shall designate as the child's tribe the tribe with which the child has the more significant contacts as the Indian child's tribe. In making the designation, the court shall consider:

(i) the preference of the parents for membership of the child;

(ii) the length of the child's past residence or domicile on or near the reservation of each tribe;

(iii) the tribal membership of the child's custodial parent or Indian custodian;

(iv) the interest asserted by each tribe in the child custody proceeding;

(v) whether there has been a previous adjudication with respect to the child by a court of one of the tribes; and

(vi) self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify with a tribe.

(4) A determination of the Indian child's tribe for the purposes of this part does not constitute a determination for any other purpose.

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Cite this article: FindLaw.com - Montana Title 41. Minors § 41-3-1307. Determination of Indian tribe - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-41-minors/mt-st-41-3-1307/

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