1 chapters · 163 sections in this title.
Mich. Comp. Laws § 712B.25 Involuntary guardianship; investigation; report; notice of pending proceeding; consent; withdrawal; termination of voluntary guardianship; potential applicability of Indian child welfare act.
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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 the child is an Indian child, the court may order the department or a court employee to conduct an investigat…
Mich. Comp. Laws § 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.
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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 executed by both parents of the Indian child in accordance with section 13 of this chapter. (2) At any time during an adoption proceeding, …
Mich. Comp. Laws § 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.
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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 necessary to prevent imminent physical damage or harm to the child. (2) If a child is taken in…
Mich. Comp. Laws § 712B.3 Definitions.
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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…
Mich. Comp. Laws § 712B.31 Agreements.
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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 fo…
Mich. Comp. Laws § 712B.33 Department review of cases; monitoring; standards and procedures.
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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 …
Mich. Comp. Laws § 712B.35 Providing secretary and tribal enrollment officer with copy of court decree or order; other information.
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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 together with other information as may be necessary to s…
Mich. Comp. Laws § 712B.37 Census.
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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:…
Mich. Comp. Laws § 712B.39 Invalidation of actions; petition.
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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 j…
Mich. Comp. Laws § 712B.41 Severability.
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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 withou…
Mich. Comp. Laws § 712B.5 Best interests of child; duties of courts.
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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…
Mich. Comp. Laws § 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.
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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. If a child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction, regardless…
Mich. Comp. Laws § 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.
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Sec. 9. (1) In a child custody proceeding, if the court knows or has reason to know that an Indian child is involved, the petitioner shall notify the parent or Indian custodian and the Indian child's tribe, by registered mail with return receipt requested, of the pending child cu…