In re M.T.
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In this termination of parental rights matter, the Supreme Judicial Court reversed the district court's order, holding that the court abused its discretion by terminating Mother's parental rights without a conclusive determination of her two children's tribal membership status and enrollment eligibility with the United Keetoowah Band of Cherokee Indians tribe.
Specifically, the Supreme Court held (1) the district court erred by terminating Mother's parental rights in the absence of a conclusive tribal determination regarding the children's status as Indian children of the United Keetoowah tribe; (2) the Montana Department of Public Health and Human Services engaged in reasonable efforts to prevent removal and reunite Mother with her children; and (3) the district court did not err by determining that the conduct or condition rendering Mother unfit, unable, or unwilling to parent was unlikely to change within a reasonable time. The Supreme Court remanded the case to allow the tribe to make a conclusive determination regarding the children's membership and enrollment eligibility.
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