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S.B.C. v. Montana Fourth Judicial District

Supreme Court of Montana

July 19, 2013

S.B.C., SR. (Father), Petitioner,
v.
MONTANA FOURTH JUDICIAL DISTRICT, MISSOULA COUNTY, THE HONORABLE ED MCLEAN, DISTRICT JUDGE

ORDER

This matter comes before the Court on the petition of S.B.C., Sr. for writ of supervisory control. The underlying youth in need of care matter is now pending in the Fourth Judicial District Court in Missoula County Cause No. DN-11-30. Petitioner asserts that the District Court's order erred in failing to correctly apply the Indian Child Welfare Act's (ICWA) presumption in favor of tribal court jurisdiction and in failing to give effect to the congressional purpose of ICWA in determining whether good cause existed to deny transfer. Petitioner asks us to direct the District Court to transfer jurisdiction to the Blackfeet Tribal Court.

In consideration thereof,

IT IS HEREBY ORDERED, pursuant to M R. App. P. 14(7), that the Respondent District Court, the Plaintiff State of Montana, and the Intervenor Blackfeet Tribe in Missoula County Cause No. DC-11-30 are granted twenty-one days in which they may respond to the petition for writ of supervisory control. The Clerk is directed to provide copies of this Order to counsel for all parties in Missoula County Cause No. DC-11-30, to the Blackfeet Tribe, and to the Honorable Ed McLean, presiding District Judge.


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