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IN RE J.W.C.

No. DA 11-0227.

265 P.3d 1265 (2011)

2011 MT 312

In the Matter of J.W.C., L.W.C., K.W.C., and C.W.C., Youths in Need of Care.

Supreme Court of Montana.

Decided December 13, 2011.

Attorney(s) appearing for the Case

For Appellant: Joslyn Hunt , Chief Appellate Defender, Koan Mercer , Assistant Appellate Defender, Helena, Montana.

For Youths: Elizabeth Thomas , Attorney at Law, Missoula, Montana.

For Appellee: Steve Bullock , Montana Attorney General, John Paulson , Assistant Attorney General, Helena, Montana, Scott J. Pederson , Assistant Attorney General, Child Protection Unit, Billings, Montana.

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

¶ 1 The mother of four Indian children appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, Montana, terminating her parental rights to J.W.C., L.W.C., K.W.C., and C.W.C. (children). S.W.C. (Mother) had moved to transfer the case to the Fort Peck Tribal Court, as allowed under the Indian Child Welfare Act (ICWA). 25 U.S.C. § 1911(b). However, the case was never...

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