Michigan Compiled Laws
288-1939-XIIB - Chapter Xiib (712b.1...712b.41)
Section 712B.5 - Best Interests of Child; Duties of Courts.

Sec. 5.
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 with the Indian child welfare act, and the policy specified in this section. Courts shall do both of the following:
(a) Protect the best interests of Indian children and promote the stability and security of Indian tribes and families.
(b) Ensure that the department uses practices, in accordance with the Indian child welfare act, this chapter, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian children and, when an out-of-home care placement, adoptive placement, or preadoptive placement is necessary, place an Indian child in a placement that reflects the unique values of the Indian child's tribal culture and that is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian child's tribe and tribal community.
History: Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013 Popular Name: Probate Code

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapters 701 - 713 - Probate Code

Act 288 of 1939 - Probate Code of 1939 (701.1 - 713.6)

288-1939-XIIB - Chapter Xiib (712b.1...712b.41)

Section 712B.1 - Chapter; Short Title.

Section 712B.3 - Definitions.

Section 712B.5 - Best Interests of Child; Duties of Courts.

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.

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 Leadin...

Section 712B.11 - Examination of Reports or Documents by Parties.

Section 712B.13 - Guardianship; Adoptive Placement; Termination of Parental Rights; Consent.

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 C...

Section 712B.17 - Qualified Expert Witness.

Section 712B.19 - Improper Removal of Child From Custody.

Section 712B.21 - Appointment of Counsel.

Section 712B.23 - Placement; Least Restrictive Setting; Order of Preference; Documentation.

Section 712B.25 - Involuntary Guardianship; Investigation; Report; Notice of Pending Proceeding; Consent; Withdrawal; Termination of Voluntary Guardianship; Potential Applicability of Indian Child Welfare Act.

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.

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.

Section 712B.31 - Agreements.

Section 712B.33 - Department Review of Cases; Monitoring; Standards and Procedures.

Section 712B.35 - Providing Secretary and Tribal Enrollment Officer With Copy of Court Decree or Order; Other Information.

Section 712B.37 - Census.

Section 712B.39 - Invalidation of Actions; Petition.

Section 712B.41 - Severability.