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← 392 Mont. 297 - In re D.E.

In re D.E.’s Empirical Analysis

2018

Citation profile

57
cited by 57 later decisions
1
states following
November 2025
most recently cited

57 state decisions

Relationships

Applies 25 U.S.C. § 1901 (§ 2 of the Indian Child Welfare Act of 1978) · 25 U.S.C. § 1902 (§ 3 of the Indian Child Welfare Act of 1978) · 25 U.S.C. § 1903 (§ 4 of the Indian Child Welfare Act of 1978) · 25 U.S.C. § 1912 (§ 102 of the Indian Child Welfare Act of 1978)

Relies on Mississippi Band of Choctaw Indians v. Holyfield · In re D.B. · Matter of Adoption of a Child of Indian Heritage · In Re the Appeal in Pima County Juvenile Action No. S-903. · In Re the Adoption of Riffle

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “acts arbitrarily, without employment of conscientious judgment, or exceeds the bounds of reason resulting in substantial injustice.”
    2 later decisions quote this exact passage · from the majority
  2. “[T]he threshold questions of fact for district courts are (1) whether the court has reason to believe that a subject child may be an 'Indian child' and (2) whether an Indian tribe has conclusively determined the child is a member or eligible for tribal membership.”
    1 later decision quote this exact passage · from the majority
  3. “eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.