40-7-135. Application to Indian tribes.
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/mt/title-40/chapter-7/part-1/40-7-135·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
40-7-135 . Application to Indian tribes.
(1)A child custody proceeding that pertains to an Indian child as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 is not subject to this chapter to the extent that it is governed by the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
(2)A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying 40-7-101 , 40-7-103 , 40-7-105 through 40-7-110 , 40-7-112 , 40-7-119 , 40-7-125 , 40-7-134 through 40-7-140 , and part 2 of this chapter.
(3)A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter.