Section 712B.9 – Child Custody Proceeding; Notification to Parent, Indian Custodian, and Tribe; Additional Preparation Days; Suspension of Proceedings; Prejudice by Lack of Notice; Determination as to Which Tribe Child Is Member; Circumstances Leading to Belief Child Is an Indian; Determining, Documenting, and Contacting Extended Family; Determination or Testimony by Authorized Person; Documentation of Efforts.
712B.9 Child custody proceeding; notification to parent, Indian custodian, and tribe; additional preparation days; suspension of proceedings; prejudice by lack of notice; determination as to which tribe child is member; circumstances leading to belief child is an Indian; determining, documenting, and contacting extended family; determination or testimony by authorized person; documentation of efforts. Sec. 9. […]
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 712A.32 – Order to Appear for Identification; Notice of Right to Attorney; Appointment of Attorney.
712A.32 Order to appear for identification; notice of right to attorney; appointment of attorney. Sec. 32. (1) If a complaint or petition is filed with the court against a juvenile for violating a criminal law of this state or of a local unit of government of this state, the court may, at the request of […]