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.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.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 […]