Montana § 41-3-1302 Legislative Findings -- Purpose

Montana Statutes

§ 41-3-1302 — Legislative Findings -- Purpose

Montana § 41-3-1302

Title 41MINORS

Ch. 3CHILD ABUSE AND NEGLECT

Part 13Montana Indian Child Welfare Act

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Bluebook

Mont. Code Ann. § 41-3-1302 (2026).

Text

41-3-1302 . Legislative findings -- purpose.

(1)The legislature recognizes that in possibly no other area of concurrent tribal and state law is it more important that tribal sovereignty be respected than in an area as socially and culturally determinative as family relationships. The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the child, or the interests of the child's tribe.

(2)The legislature further finds that when placement away from the parent or Indian custodian is necessary for the Indian child's safety, the state is committed to

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41-3-1302 . Legislative findings -- purpose. (1) The legislature recognizes that in possibly no other area of concurrent tribal and state law is it more important that tribal sovereignty be respected than in an area as socially and culturally determinative as family relationships. The legislature finds that the state is committed to protecting the essential tribal relations and best interests of Indian children by promoting practices designed to prevent out-of-home placement of Indian children that is inconsistent with the rights of the parents, the health, safety, or welfare of the child, or the interests of the child's tribe.
(2) The legislature further finds that when placement away from the parent or Indian custodian is necessary for the Indian child's safety, the state is committed to a placement that reflects and honors the unique values of the Indian child's tribal culture and is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, social, and spiritual relationship with the Indian child's tribe and tribal community.