Committee hears bill to require courts to consider a child’s heritage, including Indian heritage, in custody and adoption cases

Senate Bill 180, introduced Feb. 12 before the Montana Senate Public Health Committee by Sen. Susan Weber, would add a requirement that district courts consider a child’s culture and ethnicity — including the child’s Indian heritage regardless of tribal enrollment status or blood quantum — when determining the child’s best interest in custody and adoption proceedings.

Supporters told the committee the measure fills a gap between Montana family law and child-welfare statutes and would help descendants of tribal members who are not formally enrolled remain connected to tribal families and communities. Patrick Yawaki, representing the Blackfeet Tribe and other tribal communities, said descendants who are not enrolled can be placed in non-Indian foster or adoptive homes because ICWA and MCWA protections are not applied…