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MI SB0503

Bill

Status

Passed

3/2/2016

Primary Sponsor

Judith Emmons

Click for details

Origin

Senate

98th Legislature

AI Summary

  • Establishes comprehensive definition of "active efforts" requiring remedial and rehabilitative services to prevent Indian family breakup, including culturally appropriate services, extended family engagement, tribal consultation, and family preservation strategies.

  • Grants Indian tribes exclusive jurisdiction over child custody proceedings for Indian children residing or domiciled on tribal reservations, with state courts limited to emergency jurisdiction and ability to transfer cases to tribal court absent good cause.

  • Requires clear and convincing evidence of active efforts and expert witness testimony that continued parental custody would cause serious emotional or physical damage before removing Indian children or terminating parental rights.

  • Mandates written consent for voluntary Indian child placements be executed before a judge on state-approved forms with judicial certification of understanding, with parents retaining withdrawal rights before final adoption orders.

  • Requires courts to investigate and report on Indian child status, tribal membership, extended family location, and need for culturally appropriate services in involuntary guardianship proceedings involving Indian children.

Legislative Description

Children; adoption; Michigan Indian family preservation act (MIFPA); modify. Amends secs. 3, 7, 13, 15 & 25, ch. XIIB of 1939 PA 288 (MCL 712B.3 et seq.).

Children: adoption

Last Action

Assigned Pa 0026'16 With Immediate Effect

3/2/2016

Committee Referrals

Judiciary11/4/2015
Families, Seniors And Human Services9/24/2015

Full Bill Text

No bill text available