Michigan 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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Terms Used In Michigan Laws 712B.25
- Court: means the family division of circuit court or the probate court. See Michigan Laws 712B.3
- Department: means the department of health and human services or a successor department or agency. See Michigan Laws 712B.3
- Extended family members: means that term as defined by the law or custom of the Indian child's tribe or, in the absence of that law or custom, means a person who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent and includes the term "relative" as that term is defined in section 13a(j) of chapter XIIA. See Michigan Laws 712B.3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor under a parental or spousal nomination or a court order issued under section 19a or 19c of chapter XIIA, section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 712B.3
- Indian: means any member of any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. See Michigan Laws 712B.3
- Indian child: means an unmarried person who is under the age of 18 and is either of the following:
(i) A member of an Indian tribe. See Michigan Laws 712B.3Indian child welfare act: means the Indian child welfare act of 1978, 25 USC 1901 to 1963. See Michigan Laws 712B.3 Indian custodian: means any Indian person who has custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the Indian child's parent. See Michigan Laws 712B.3 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Lawyer-guardian ad litem: means an attorney appointed under section 21 of this chapter. See Michigan Laws 712B.3 Parent: means any biological parent or parents of an Indian child or any person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. See Michigan Laws 712B.3 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o tribe: means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. See Michigan Laws 712B.3
(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 investigation of the proposed guardianship and file a written report of the investigation. In addition to the information required in section 5204 of the estates and protected individuals code, 1998 PA 386, MCL 700.5204, the report must include, but is not limited to, the following information:
(a) Whether the child is or is not an Indian child.
(b) The identity and location of the Indian child’s parents, if known.
(c) If the child is an Indian child, the report must also address all of the following:
(i) The tribe or tribes of which the Indian child is a member or eligible for membership.
(ii) If the Indian child and family need culturally appropriate and other services to preserve the Indian family.
(iii) The identity and location of extended family members and if no extended family members can be found, what efforts were made to locate them.
(2) Notice of the pending proceeding must be given as prescribed by Michigan supreme court rule, the Indian child welfare act, and section 9 of this chapter. If the court knows or has reason to know that the proceeding involves an Indian child, the court shall conduct a hearing to determine all of the following:
(a) If the tribe has exclusive jurisdiction. If so, the court shall issue an order terminating the guardianship or dismissing the petition.
(b) If the current placement with the guardian meets the placement requirements in section 23 of this chapter.
(c) If it is in the Indian child’s best interest to order the guardianship.
(d) If a lawyer-guardian ad litem should be appointed to represent the Indian child.
(3) If a petition for guardianship is filed and is to be accompanied by a consent to a voluntary placement of an Indian child, the consent must be executed in accordance with section 13 of this chapter. If the Indian child’s parents do not execute a consent under section 13 of this chapter, the petition is considered to be for an involuntary guardianship and the requirements of section 15 of this chapter must be met.
(4) A parent or Indian custodian who executes a consent under this section for the purpose of voluntary guardianship may withdraw his or her consent at any time by sending written notice to the court substantially in compliance on a form approved by the state court administrative office that the parent or Indian custodian revokes consent and wants his or her Indian child returned.
(5) The voluntary guardianship is terminated when the court receives from a parent or Indian custodian notice to withdraw consent to the guardianship, and the Indian child shall be immediately returned to the parent or Indian custodian.
(6) If the court discovers a child may be an Indian child after a guardianship is ordered, the court shall provide notice of the guardianship and the potential applicability of this chapter and the Indian child welfare act, in compliance with Michigan court rules, this chapter, and the Indian child welfare act, to the tribe, the parents or Indian custodian, and the current guardian on a form approved by the state court administrative office.