MI Rules MCR 3.807
 
Michigan Compiled Laws Annotated Currentness
Michigan Court Rules of 1985
Chapter 3. Special Proceedings and Actions
Subchapter 3.800. Adoption
RULE 3.807 INDIAN CHILD

(A) Definitions. If an Indian child, as defined by the Indian Child Welfare Act, 25 USC 1903, is the subject of an adoption proceeding, the definitions in MCR 3.002 shall control.

(B) Jurisdiction, Notice, Transfer, Intervention.

(1) If an Indian child is the subject of an adoption proceeding and an Indian tribe has exclusive jurisdiction as defined in MCR 3.002(2), the matter shall be dismissed.

(2) If an Indian child is the subject of an adoption proceeding and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(2), the court shall ensure that the petitioner has given notice of the proceedings to the persons prescribed in MCR 3.800(B) in accordance with MCR 3.802(A)(3).

(a) If either parent or the Indian custodian or the Indian child's tribe petitions the court to transfer the proceeding to the tribal court, the court shall transfer the case to the tribal court unless either parent objects to the transfer of the case to tribal court jurisdiction or the court finds good cause not to transfer. In determining whether good cause not to transfer exists, the court shall consider the Bureau of Indian Affairs, Guidelines for State Courts; Indian Child Custody Proceedings, 44 Fed Reg No 228, 67590-67592, C.2-C.4. A perceived inadequacy of the tribal court or tribal services does not constitute good cause to refuse to transfer the case.

(b) The court shall not dismiss the matter until the transfer has been accepted by the tribal court.

(c) If the tribal court declines transfer, the Indian Child Welfare Act applies, as do the provisions of these rules that pertain to an Indian child (see 25 USC 1902, 1911[b]).

(d) A petition to transfer may be made at any time in accordance with 25 USC 1911(b).

(3) The Indian custodian of the child and the Indian child's tribe have a right to intervene at any point in the proceeding pursuant to 25 USC 1911(c).

(C) Record of Tribal Affiliation. Upon application by an Indian individual who has reached the age of 18 and who was the subject of an adoption placement, the court that entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights flowing from the individual's tribal relationship.

CREDIT(S)

[Adopted February 2, 2010, effective May 1, 2010, 485 Mich.]

Current with amendments received through January 1, 2011.


END OF DOCUMENT

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map