Michigan Compiled Laws 288-1939-xiib Chapter Xiib (712b.1...712b.41)

• Section 712b.1 Chapter; Short Title.
  This chapter shall be known and may be cited as the "Michigan Indian family preservation act". History: Add. 2012, Act 565, Imd. Eff. Jan....
• Section 712b.3 Definitions.
  As used in this chapter: (a) "Active efforts" means actions to provide remedial services and rehabilitative programs designed to prevent the breakup of the...
• Section 712b.5 Best Interests Of Child; Duties Of Courts.
  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...
• 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.
  (1) An Indian tribe has exclusive jurisdiction over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation...
• 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.
  (1) In a child custody proceeding, if the court knows or has reason to know that an Indian child is involved, the petitioner shall...
• Section 712b.11 Examination Of Reports Or Documents By Parties.
  Each party to a foster care or termination of parental rights proceeding involving an Indian child has a right to examine all reports or...
• Section 712b.13 Guardianship; Adoptive Placement; Termination Of Parental Rights; Consent.
  (1) If both parents or Indian custodian voluntarily consent to a petition for guardianship under section 5204 or 5205 of the estates and protected...
• 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.
  (1) If an Indian child is the subject of a child protective proceeding under section 2(b) of chapter XIIA, including instances in which the...
• Section 712b.17 Qualified Expert Witness.
  (1) If the testimony of a qualified expert witness is required, the court shall accept either of the following in the following order of...
• Section 712b.19 Improper Removal Of Child From Custody.
  If a court determines at a hearing that a petitioner in an Indian child custody proceeding has improperly removed the child from custody of...
• Section 712b.21 Appointment Of Counsel.
  (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,...
• Section 712b.23 Placement; Least Restrictive Setting; Order Of Preference; Documentation.
  (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...
• Section 712b.25 Involuntary Guardianship; Investigation; Report; Notice Of Pending Proceeding; Consent; Withdrawal; Termination Of Guardianship; Potential Applicability Of Indian Child Welfare Act.
  (1) If a petition for a guardianship is filed and is determined to be involuntary under section 15 of this chapter and the court...
• 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.
  (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.
  (1) If an Indian child is taken into custody under section 14 of chapter XIIA, the subsequent placement shall terminate immediately when the removal...
• Section 712b.31 Agreements.
  (1) The state is authorized to enter into agreements with tribes in this state regarding the care and custody of Indian children, funding of...
• Section 712b.33 Department Review Of Cases; Monitoring; Standards And Procedures.
  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...
• Section 712b.35 Providing Secretary And Tribal Enrollment Officer With Copy Of Court Decree Or Order; Other Information.
  (1) A Michigan court entering a final decree or order in any Indian child adoptive placement shall provide the secretary and the tribal enrollment...
• Section 712b.37 Census.
  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...
• Section 712b.39 Invalidation Of Actions; Petition.
  Any Indian child who is the subject of an action for foster care placement or termination of parental rights under state law, any parent...
• Section 712b.41 Severability.
  If any provision of this chapter or its application to any person or circumstance is held invalid for any reason in a court of...

Last modified: October 10, 2016