Application of ICWA to Third Party Custody Petition out of Montana

Application of ICWA to Third Party Custody Petition out of Montana

2023-da-22-0405

The Court agreed that ICWA applied to a third party custody petition where the parent could not get her child back upon demand, but rejected the argument the child must be returned immediately under 1920.

These type of third party cases are particularly important to keep an eye on, as agencies often push cases in this direction to avoid filing a petition on a parent (this itself is a complicated topic). Regardless, parents and tribes shouldn’t lose certain rights under ICWA if the placement meets the definition of a foster care placement under the law.