icwa hearing (Montana) · Go Syfert
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icwa hearing in Montana

5 Montana opinions name it 1 courts 1994–2018 0 in the last five years

The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
People in Interest of SRgreen
sd · 1982 · cited in 2 Montana opinions naming this issue, 1994–1994
2 sentences

1994See Interest of S.R., 323 N.W.2d at 887 .

1994See Interest of S.R., 323 N.W.2d at 887 .

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
In re J.C. neutral
mont · 2008
2 sentences

2011Although we do not approve of the delay in the ICWA proceedings that occurred here, and have previously stated that strict compliance with statutory requirements governing termination proceedings is required (In re J.C., 2008 MT 127, ¶ 53 , 343 Mont. 30 , 183 P.3d 22 ), we conclude that under the circumstances here presented, Mother has failed to preserve the issue of the timeliness of the ICWA hearing for appeal.

2011Although we do not approve of the delay in the ICWA proceedings that occurred here, and have previously stated that strict compliance with statutory requirements governing termination proceedings is required (In re J.C., 2008 MT 127, ¶ 53 , 343 Mont. 30 , 183 P.3d 22 ), we conclude that under the circumstances here presented, Mother has failed to preserve the issue of the timeliness of the ICWA hearing for appeal.

22011–2011
In the Matter of JC green
mont · 2008
2 sentences

2011Although we do not approve of the delay in the ICWA proceedings that occurred here, and have previously stated that strict compliance with statutory requirements governing termination proceedings is required ( In re J.C., 2008 MT 127, ¶ 53 , 343 Mont. 30 , 183 P.3d 22 ), we conclude that under the circumstances here presented, Mother has failed to preserve the issue of the timeliness of the ICWA hearing for appeal.

2011Although we do not approve of the delay in the ICWA proceedings that occurred here, and have previously stated that strict compliance with statutory requirements governing termination proceedings is required (In re J.C., 2008 MT 127, ¶ 53 , 343 Mont. 30 , 183 P.3d 22 ), we conclude that under the circumstances here presented, Mother has failed to preserve the issue of the timeliness of the ICWA hearing for appeal.

22011–2011
State v. Holt green
mont · 2011
2 sentences

2011As we have frequently held, “[w]e will not put a district court in error for an action in which the appealing party acquiesced or actively participated.” State v. Holt, 2011 MT 42, ¶ 17 , 359 Mont. 308 , 249 P.3d 470 . ¶32 Mother’s remaining restated argument on appeal is that the District Court erred by not resetting the starting date of foster care to January 15, 2010.

2011As we have frequently held, “[w]e will not put a district court in error for an action in which the appealing party acquiesced or actively participated.” State v. Holt, 2011 MT 42, ¶ 17 , 359 Mont. 308 , 249 P.3d 470 . ¶32 Mother’s remaining restated argument on appeal is that the District Court erred by not resetting the starting date of foster care to January 15, 2010.

22011–2011
In re M.D.M. green
mont · 2002
1 sentence

2018Even if a district court’s written order fails to make a specific finding on an ICWA requirement, we will uphold the district court’s decision if the finding “is certainly implicit in the court’s statements.” In re M.R.G., 2004 MT 172, ¶ 16 , 322 Mont. 60 , 97 P.3d 1085 (quoting In re M.D.M., 2002 MT 305, ¶ 16 , 313 Mont. 51 , 59 P.3d 1142 ).

12018–2018
In re M.R.G. green
mont · 2004
2 sentences

2018Even if a district court’s written order fails to make a specific finding on an ICWA requirement, we will uphold the district court’s decision if the finding “is certainly implicit in the court’s statements.” In re M.R.G., 2004 MT 172, ¶ 16 , 322 Mont. 60 , 97 P.3d 1085 (quoting In re M.D.M., 2002 MT 305, ¶ 16 , 313 Mont. 51 , 59 P.3d 1142 ).

2018Even if a district court’s written order fails to make a specific finding on an ICWA requirement, we will uphold the district court’s decision if the finding “is certainly implicit in the court’s statements.” In re M.R.G., 2004 MT 172, ¶ 16 , 322 Mont. 60 , 97 P.3d 1085 (quoting In re M.D.M., 2002 MT 305, ¶ 16 , 313 Mont. 51 , 59 P.3d 1142 ).

12018–2018
In Re MDM green
mont · 2002
2 sentences

2018Even if a district court’s written order fails to make a specific finding on an ICWA requirement, we will uphold the district court’s decision if the finding “is certainly implicit in the court’s statements.” In re M.R.G., 2004 MT 172, ¶ 16 , 322 Mont. 60 , 97 P.3d 1085 (quoting In re M.D.M., 2002 MT 305, ¶ 16 , 313 Mont. 51 , 59 P.3d 1142 ).

2018Even if a district court’s written order fails to make a specific finding on an ICWA requirement, we will uphold the district court’s decision if the finding “is certainly implicit in the court’s statements.” In re M.R.G., 2004 MT 172, ¶ 16 , 322 Mont. 60 , 97 P.3d 1085 (quoting In re M.D.M., 2002 MT 305, ¶ 16 , 313 Mont. 51 , 59 P.3d 1142 ).

12018–2018
In Matter of Mrg neutral
mont · 2004
1 sentence

2018Even if a district court’s written order fails to make a specific finding on an ICWA requirement, we will uphold the district court’s decision if the finding “is certainly implicit in the court’s statements.” In re M.R.G., 2004 MT 172, ¶ 16 , 322 Mont. 60 , 97 P.3d 1085 (quoting In re M.D.M., 2002 MT 305, ¶ 16 , 313 Mont. 51 , 59 P.3d 1142 ).

12018–2018

Statutes the citing opinions construe

USC § 25u.s.c.1912 (5) MT § Mont. Code Ann. § 41-3-609 (3) USC § 25u.s.c.1901-1963 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 426 (1991–2026) AK 14 (1997–2026) OH 9 (2021–2026) CO 7 (2012–2025) MT 5 (1994–2018) UT 4 (2017–2020) TX 3 (2006–2023) MI 3 (1999–2022) WA 3 (2002–2020) IA 2 (2011–2025) NJ 2 (2017–2019) KS 2 (2012–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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