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IN RE G.S.

No. 02-282.

59 P.3d 1063 (2002)

2002 MT 245

In the Matter of G.S., Jr., and S.S., Youths in Need of Care.

Supreme Court of Montana.

Decided November 7, 2002.

Attorney(s) appearing for the Case

Daniel Minnis, Montana Legal Services Association, Billings, Montana, for Appellant.

Mike McGrath, Montana Attorney General, Jennifer Anders, Assistant Montana Attorney General, Helena, Montana; Tara Depuy, Park County Attorney, Brett D. Linneweber, Deputy Park County Attorney, Livingston, Montana; Dee Killion, Eastern Shawnee Tribe, Seneca, Missouri (Tribal Representative); Vuko Voyich, Livingston, Montana (Guardian ad Litem), for Respondent.

Kristine C. Lizdas, Battered Women's Justice Project, Minnesota Program Development, Inc., Minneapolis, Minnesota, for Amicus.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 After a domestic violence incident between the natural parents of G.S. and S.S. and allegations the father assaulted G.S., the Department of Public Health and Human Services (DPHHS) removed G.S. and S.S. from the custody of their natural mother. The State petitioned the Sixth Judicial District Court for temporary legal custody, and since G.S. and S.S. are Indian children as defined under the Indian...

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