2023 Montana Code Annotated › Title 41. Minors › Chapter 3. Child Abuse and Neglect › Part 13. Montana Indian Child Welfare Act › 41-3-1311. Notice

41-3-1311. (Temporary) Notice.
(1) The petitioning party shall provide notice of the initial petition filed in an involuntary child custody proceeding and a petition seeking termination of parental rights when the petitioning party knows or has reason to know that the child is or may be an Indian child. Notice must be provided as required in subsection (2) to:
(a) the Indian child's parent or Indian custodian; and
(b) the child's tribe or tribes.
(2) (a) Notice to the tribe must be made by certified mail, return receipt requested, and must meet the requirements of subsection (4). The notice must be sent to the person designated in the most current Federal Register as the designated tribal agent for service of notice for the purposes of the federal Indian Child Welfare Act. The petitioning party shall file the return receipt with the court as proof of notice.
(b) Notice to the parent or Indian custodian must be made by personal service, or alternative means as provided in 41-3-422 if personal service cannot be accomplished, and must meet the requirements of subsection (4).
(c) If the identity or location of the parent or Indian custodian and the tribe cannot be determined, the notice must be given to the secretary of the U.S. department of the interior by certified mail, return receipt requested, in accordance with the provisions of 25 CFR, part 23.
(d) Service of all other petitions, other than the initial petition and a petition for termination of parental rights, must be served on the tribe by first-class mail unless otherwise directed by the tribe's designated agent for notice.
(e) When notice of the initial petition and a petition for termination of parental rights to the parent or Indian custodian is required under this subsection (2), personal service, and alternative means of personal service when personal service cannot be accomplished, as provided in 41-3-422, takes the place of certified mail with return receipt requested.
(3) A foster care placement or a termination of parental rights proceeding may not be held until at least 10 days after receipt of the notice by the parent or Indian custodian, the tribe, and, if applicable, the secretary. The parent, Indian custodian, or tribe shall, on request, be granted up to 20 additional days to prepare for the proceeding. The 10-day notice requirement does not limit a court's ability to hold an emergency protective services hearing pursuant to 41-3-306.
(4) Notice provided under this section must be in clear and understandable language and include the following:
(a) the child's name, date of birth, and place of birth;
(b) all known names of the child's parents, including maiden, married, and former names or aliases;
(c) the parents' dates of birth, places of birth, and tribal enrollment numbers, if known;
(d) the names, dates of birth, places of birth, and tribal enrollment information of other direct lineal ancestors of the child, if known;
(e) the name of each Indian tribe in which the child is a member or may be eligible for membership if a biological parent is a member; and
(f) a copy of the petition, complaint, or other document by which the child custody proceeding was initiated and, if a hearing has been scheduled, information on the date, time, and location of the hearing. (Terminates June 30, 2025--sec. 55, Ch. 716, L. 2023.)
History: En. Sec. 7, Ch. 716, L. 2023.