In re J.W.C., 363 Mont. 85

Mother and Father are Fort Peck Assiniboine and Sioux Tribes members with four Indian children.
Mother moved to transfer the state-court termination proceedings to the Fort Peck Tribal Court under ICWA §1911(b).
District Court did not transfer and later terminated parental rights of Mother and Father; no counsel for children appointed at hearing.
Tribes were on notice; transfer was not affirmatively declined by the Tribal Court and no good cause finding was made.
On appeal, Court reversed and remanded for proper ICWA transfer proceedings and related remedial steps.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the District Court properly handle ICWA §1911(b) transfer?	Mother argues transfer required; Tribes neither declined nor tribal court accepted.	District Court followed notice and no objection; Tribes implied consent to retain state proceedings.	Transfer improper; remand required for proper tribal declination or good-cause finding.
Was counsel for the children properly appointed?	Statutes and due process require immediate appointment of counsel for the children.	GAL served as both guardian ad litem and legal counsel; appointment sufficed.	Remand advises appointment of counsel for the children; issue reserved due to remand.
Did defendant’s counsel at adjudication violate due process?	Mother’s right to effective counsel was denied; counsel failed to require proof burden at adjudication.	Not reached due to remand; issues may be revisited.	Not decided; remand precludes ruling on due-process claim.

Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989) (ICWA exclusivity and tribal jurisdiction framework)
In re M.E.M., 195 Mont. 329 (1981) (transfer hearing prerequisites under ICWA guidelines)
In re G.L.O.C., 205 Mont. 352 (1983) (jurisdictional transfer standards under ICWA)
In re M.B., 2009 MT 97 (2009) (persuasive Guidelines for ICWA interpretation)
In re R.M.T., 2011 MT 164 (2011) (standard of review in termination and effectiveness)
In re C.M.C., 2009 MT 153 (2009) (effective assistance of counsel standard)
In re J.M., 2009 MT 332 (2009) (termination proceedings and counsel issues)
In re C.H., 2000 MT 64 (2000) (ICWA context and guardian appointment principles)
Shawnda G. v. Wisconsin, 634 N.W.2d 140 (Wis. App. 2001) (tribal court declination and transfer procedures)
In the Interest of Shawnda G., 634 N.W.2d 140 (Wis. App. 2001) (tribal acceptance/declination of transfer)
In re T.S., 245 Mont. 242 (1990) (good-cause standard in ICWA transfer analysis)
In the Interest of C.Y., 925 P.2d 447 (Kan. App. 1996) (tribal court declination and transfer mechanics)