The bill revises the Montana Indian Child Welfare Act and related laws to enhance the welfare of Indian children by introducing several key provisions. It mandates the creation of cultural compacts for Indian children placed for adoption or guardianship outside their tribe, ensuring they maintain connections to their cultural heritage. The bill clarifies the standard for emergency removals, requiring clear and convincing evidence of imminent harm, and establishes new guardianship requirements, including consultation with the child's tribe and a written denial for any transfer of jurisdiction. Additionally, it emphasizes collaboration between state authorities and tribal entities, repeals certain outdated provisions, and sets an immediate effective date for the new regulations.

Significant amendments include the requirement for parties involved in custody proceedings to determine a child's Indian status and consult with the child's tribe, as well as the introduction of provisions for the court to consider the child's preferences in permanency plans. The bill also establishes strict documentation requirements for efforts made to return the child to their home or secure a permanent placement, and it prioritizes placements with extended family or within the child's tribe. Notably, it requires that any deviation from placement preferences must be justified with clear evidence, and ongoing diligent searches for preferred placements must be documented. Overall, the legislation aims to strengthen protections for Indian children, ensuring their cultural and familial ties are respected in custody and placement decisions.

Statutes affected:
LC Text: 40-6-407, 41-3-306, 41-3-444, 41-3-445, 41-3-1306, 41-3-1310, 41-3-1318, 41-3-1319, 41-3-1320, 41-3-1325, 41-3-1328, 41-3-1329
SB0147_1(1): 40-6-407, 41-3-306, 41-3-444, 41-3-445, 41-3-1306, 41-3-1310, 41-3-1318, 41-3-1319, 41-3-1320, 41-3-1325, 41-3-1328, 41-3-1329
SB0147_1(2): 40-6-407, 41-3-306, 41-3-444, 41-3-445, 41-3-1306, 41-3-1310, 41-3-1318, 41-3-1319, 41-3-1320, 41-3-1325, 41-3-1328, 41-3-1329
SB0147_1(3): 40-6-407, 41-3-306, 41-3-444, 41-3-445, 41-3-1306, 41-3-1310, 41-3-1318, 41-3-1319, 41-3-1320, 41-3-1325, 41-3-1328, 41-3-1329
SB0147_1: 40-6-407, 41-3-306, 41-3-444, 41-3-445, 41-3-1306, 41-3-1310, 41-3-1318, 41-3-1319, 41-3-1320, 41-3-1325, 41-3-1328, 41-3-1329