Section 712B.1 – Chapter; Short Title.
712B.1 Chapter; short title. Sec. 1. This chapter shall be known and may be cited as the “Michigan Indian family preservation act”. History: Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013 Popular Name: Probate Code
Section 712B.11 – Examination of Reports or Documents by Parties.
712B.11 Examination of reports or documents by parties. Sec. 11. Each party to a foster care or termination of parental rights proceeding involving an Indian child has a right to examine all reports or other documents filed with the court upon which any decision with respect to that proceeding may be based. History: Add. 2012, […]
Section 712B.13 – Guardianship; Adoptive Placement; Termination of Parental Rights; Consent.
712B.13 Guardianship; adoptive placement; termination of parental rights; consent. Sec. 13. (1) If both parents or Indian custodian voluntarily consent to a petition for guardianship under section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204 and 700.5205, or if a parent consents to adoptive placement or the termination […]
Section 712B.15 – Failure of Parent to Provide Consent; Requirements; Removal of Child From Parent or Indian Custodian; Clear and Convincing Evidence; Termination of Parental Rights; Remedial Services and Rehabilitative Programs; Determination That Continued Custody Likely to Result in Serious Emotional or Physical Damage.
712B.15 Failure of parent to provide consent; requirements; removal of child from parent or Indian custodian; clear and convincing evidence; termination of parental rights; remedial services and rehabilitative programs; determination that continued custody likely to result in serious emotional or physical damage. Sec. 15. (1) If an Indian child is the subject of a child […]
Section 712B.17 – Qualified Expert Witness.
712B.17 Qualified expert witness. Sec. 17. (1) If the testimony of a qualified expert witness is required, the court shall accept either of the following in the following order of preference: (a) A member of the Indian child’s tribe, or witness approved by the Indian child’s tribe, who is recognized by the tribal community as […]
Section 712B.19 – Improper Removal of Child From Custody.
712B.19 Improper removal of child from custody. Sec. 19. If a court determines at a hearing that a petitioner in an Indian child custody proceeding has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall […]
Section 712B.21 – Appointment of Counsel.
712B.21 Appointment of counsel. Sec. 21. (1) In a case in which the court determines indigency, the parent or Indian custodian has the right to court-appointed counsel in a removal, placement, or termination proceeding. The court may, in its discretion, appoint counsel for the child upon a finding that the appointment is in the best […]
Section 712B.23 – Placement; Least Restrictive Setting; Order of Preference; Documentation.
712B.23 Placement; least restrictive setting; order of preference; documentation. Sec. 23. (1) Except for a placement for guardianship under section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204 and 700.5205, where both parents submit a consent for the guardianship, an Indian child shall be placed in the least […]
Section 712B.25 – Involuntary Guardianship; Investigation; Report; Notice of Pending Proceeding; Consent; Withdrawal; Termination of Voluntary Guardianship; Potential Applicability of Indian Child Welfare Act.
712B.25 Involuntary guardianship; investigation; report; notice of pending proceeding; consent; withdrawal; termination of voluntary guardianship; potential applicability of Indian child welfare act. Sec. 25. (1) If a petition for a guardianship is filed and is determined to be involuntary under section 15 of this chapter and the court knows or has reason to know that […]
Section 712B.27 – Voluntary Placement Consent; Visitation; Notice of Pending Proceeding; Providing Certain Information to Indian Individual Reaching Age of 18; Withdrawal of Consent by Parent; Petition for Return of Custody.
712B.27 Voluntary placement consent; visitation; notice of pending proceeding; providing certain information to Indian individual reaching age of 18; withdrawal of consent by parent; petition for return of custody. Sec. 27. (1) If a release or consent to adoption under chapter X is executed, consent to voluntary placement of an Indian child must also be […]
Section 712B.29 – Child Taken Into Custody Under Section 14 of Chapter Xiia; Termination of Subsequent Placement; Condition; Initiation of Child Custody Proceeding; Duties of Court.
712B.29 Child taken into custody under section 14 of chapter XIIA; termination of subsequent placement; condition; initiation of child custody proceeding; duties of court. Sec. 29. (1) If an Indian child is taken into custody under section 14 of chapter XIIA, the subsequent placement shall terminate immediately when the removal and placement are no longer […]
Section 712B.3 – Definitions.
712B.3 Definitions. Sec. 3. As used in this chapter: (a) “Active efforts” means actions to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and to reunify the Indian child with the Indian family. Active efforts require more than a referral to a service without actively engaging the Indian […]
Section 712B.31 – Agreements.
712B.31 Agreements. Sec. 31. (1) The state is authorized to enter into agreements with tribes in this state regarding the care and custody of Indian children, funding of the care and custody of Indian children, and jurisdiction over child custody proceedings, including agreements that may provide for transfer of jurisdiction on a case-by-case basis and […]
Section 712B.33 – Department Review of Cases; Monitoring; Standards and Procedures.
712B.33 Department review of cases; monitoring; standards and procedures. Sec. 33. The department, in consultation with Indian tribes in this state, shall establish standards and procedures for the department’s review of cases subject to this chapter and methods for monitoring the department’s compliance with provisions of the Indian child welfare act and this chapter. History: […]
Section 712B.35 – Providing Secretary and Tribal Enrollment Officer With Copy of Court Decree or Order; Other Information.
712B.35 Providing secretary and tribal enrollment officer with copy of court decree or order; other information. Sec. 35. (1) A Michigan court entering a final decree or order in any Indian child adoptive placement shall provide the secretary and the tribal enrollment officer of the appropriate tribe with a copy of the decree or order […]
Section 712B.37 – Census.
712B.37 Census. Sec. 37. The department shall publish annually a census with no individually identifiable information of all Indian children in the department’s care and custody. The census shall include, by county and statewide, information regarding the Indian children on all of the following: (a) Legal status. (b) Placement information and whether it complies with […]
Section 712B.39 – Invalidation of Actions; Petition.
712B.39 Invalidation of actions; petition. Sec. 39. Any Indian child who is the subject of an action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody an Indian child was removed, and the Indian child’s tribe may petition any court of competent jurisdiction to […]
Section 712B.41 – Severability.
712B.41 Severability. Sec. 41. If any provision of this chapter or its application to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this chapter that can be given effect without the invalid provision or application. […]
Section 712B.5 – Best Interests of Child; Duties of Courts.
712B.5 Best interests of child; duties of courts. Sec. 5. In Indian child custody proceedings, the best interests of the Indian child shall be determined, in consultation with the Indian child’s tribe, in accordance with the Indian child welfare act, and the policy specified in this section. Courts shall do both of the following: (a) […]
Section 712B.7 – Jurisdiction; Exclusive; Emergency; Transfer; Good Cause Determination; Right to Intervene or Participate in Proceeding; Full Faith and Credit to Public Acts, Records, and Judicial Proceedings.
712B.7 Jurisdiction; exclusive; emergency; transfer; good cause determination; right to intervene or participate in proceeding; full faith and credit to public acts, records, and judicial proceedings. Sec. 7. (1) An Indian tribe has exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of that tribe. […]