Tag Archives: MIFPA

MI Supreme Court Administrative Hearing on ICWA Pro Hac Rule

Announcement here. All of the comments submitted on this rule were in support of it–I’m pretty sure I thanked everyone personally, but thank you again to everyone who did.

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Proposed Court Rule in Michigan to Waive Pro Hac Fees and Other Limits for Out of State Tribal ICWA Attorneys

Here. In ICWA cases, the tribe has a right of intervention in whatever state court is hearing the case of the tribal child. While it is true that the “tribal representative” does not have to be attorneys, when they are attorneys, there … Continue reading

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ICWA Published Notice Case out of Michigan

Here. Given the multiple references in the record to possible Cherokee heritage, the DHHS had adequate information to make an “initial determination” that C.J. “may be a member” of the Cherokee tribe, implicating a duty to “exercise due diligence to … Continue reading

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Doe v. Jesson, now Piper, Partially Survives Motion to Dismiss

Here. This is the federal case challenging the Minnesota Indian Family Preservation Act. The Court finds that it has jurisdiction to hear the Does’ complaint, but only against the government defendants. The Court will dismiss Commissioner Moose from the case … Continue reading

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Published Burden of Proof ICWA/MIFPA Case out of Michigan Court of Appeals

Here. As set forth above, the relevant provisions of the ICWA and the MIFPA are essentially identical; that is, each requires proof by “clear and convincing evidence” to remove an Indian child and place him or her into foster care, … Continue reading

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Stephen Pevar Speaking on Oglala Sioux v. Van Hunnik at the Michigan SCAO Training on MIFPA/ICWA

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Grand Traverse Band Defeats Preliminary Injunction in Fifth Federal ICWA-Related Case Challenging Michigan’s ICWA Law

After initially granting a TRO based on an ex parte motion, the Western District of Michigan denied the requested preliminary injunction. The underlying complaint arguing the transfer provisions of the Michigan Indian Family Preservation Act (Michigan’s ICWA law) are unconstitutional. … Continue reading

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Unpublished Michigan ICWA Notice Case

Here. From Kalamazoo County. Of note: There are six tribes in Michigan alone that should be noticed if a parent family in a “Chippewa tribe,” and DHHS noticed one of them. MIFPA requires the notice of the tribe in the county where the case … Continue reading

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Qualified Expert Witness ICWA Case out of Michigan Court of Appeals

Here. In this case, the trial court explicitly recognized that Hillert, the only expert witness at the termination hearing, did not support termination and specifically testified that returning AP andDP to Stenman’s care would not likely result in serious emotional or … Continue reading

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Michigan Supreme Court Denies Review in ICWA Transfer Case

Order here. Original decision from court of appeals transferring the case to tribal court is here.

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