In re D.E., 423 P.3d 586

Two siblings, D.E. (b.2003) and A.E. (b.2006), were removed from mother (T.E.) after domestic incidents and adjudicated youths in need of care; mother struggled with mental health and methamphetamine use.
The Department filed initial petitions that noted possible Indian Child Welfare Act (ICWA) involvement based on the birth father's reported Blackfeet affiliation; CPS Lebrun testified he received an oral, unidentified statement that the children were "descendent members" and not eligible for enrollment.
The Department filed a Notice of No ICWA Involvement without written tribal verification; no formal written determination from the Blackfeet Tribe was obtained or entered into the record.
After an intermittent period of compliance, mother relapsed on methamphetamine, ceased counseling and drug testing, visits deteriorated, and the Department moved to terminate parental rights under § 41-3-609(1)(f), MCA.
The District Court terminated mother's parental rights finding failure to comply with treatment plans, lack of likelihood of change, reasonable departmental efforts, and that termination served the children’s best interests.
The Montana Supreme Court reversed and remanded because the State and court proceeded without a conclusive tribal determination of the children’s Indian status as required by ICWA; court also addressed the alternative (non-ICWA) merits ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court erred by proceeding with termination without a conclusive tribal determination under ICWA	Department: ICWA did not apply; court had reason to believe tribe had indicated non-eligibility (per CPS Lebrun) and filed Notice of No ICWA Involvement	Mother: ICWA may apply; Department failed to obtain conclusive written tribal verification before terminating rights	Reversed — court abused its discretion by terminating without a conclusive tribal determination; remanded for tribal verification and ICWA-compliant proceedings if tribe finds children are Indian children
If ICWA does not apply, whether termination was an abuse of discretion under § 41-3-609(1)(f), MCA	Mother: Department failed to prove by clear and convincing evidence that her condition was unlikely to change within a reasonable time; lack of professional testimony on parenting deficits	Department: Mother failed treatment plan tasks, relapsed on meth, ceased services and contact, showed poor insight and manipulative behavior toward children	If ICWA does not apply, court did not abuse its discretion — record supports termination for failure to comply with treatment plan and unlikely improvement

In re L.D., 391 Mont. 33, 414 P.3d 768 (Mont. 2018) (ICWA compliance and tribe’s exclusive authority to determine membership cannot be waived by parent)
In re A.G., 326 Mont. 403, 109 P.3d 756 (Mont. 2005) (district court must verify reason to believe child is Indian and obtain tribal determination)
In re Riffle, 273 Mont. 237, 902 P.2d 542 (Mont. 1995) (tribal determination of membership/eligibility is conclusive)
Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (U.S. 1989) (ICWA’s protection of tribe–child relationship and congressional intent)
Adams v. Morton, 581 F.2d 1314 (9th Cir. 1978) (tribes have sole power to determine membership)