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MI SB1232

Bill

Status

Passed

12/31/2012

Primary Sponsor

Darwin Booher

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Origin

Senate

96th Legislature

AI Summary

  • Enacts the Michigan Indian Family Preservation Act to protect Indian children in child custody proceedings by requiring compliance with the federal Indian Child Welfare Act of 1978.

  • Establishes that Indian tribes have exclusive jurisdiction over child custody proceedings involving Indian children who reside or are domiciled on tribal reservations, with limited exceptions for emergency situations.

  • Requires courts to use "active efforts" beyond standard reasonable efforts to prevent removal of Indian children from families, including culturally appropriate services, tribal consultation, and extended family placement options.

  • Mandates strict notice requirements to Indian tribes and parents, expert witness testimony regarding tribal child-rearing practices, and placement preferences prioritizing extended family, tribal members, and Indian families for foster care and adoptive placements.

  • Allows parents and Indian custodians to withdraw consent to guardianship or adoption, requires state courts to transfer cases to tribal court absent good cause, and prohibits placements that fail to comply with established tribal placement preferences.

Legislative Description

Children; adoption; Michigan Indian family preservation act (MIFPA); create. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding ch. XIIB.

Children, adoption

Last Action

Assigned Pa 0565'12 With Immediate Effect 2012 Addenda

12/31/2012

Committee Referrals

Families, Children, And Seniors9/27/2012
Families, Seniors And Human Services8/15/2012

Full Bill Text

No bill text available