Here is that order in In re Morris:
The appellate court’s decision on remand is here.
Here is the text of the order granting leave:
By order of April 22, 2011, while retaining jurisdiction, we remanded this case to the Court of Appeals for reconsideration of the respondent father’s appeal in light of the confession of error by petitioner Department of Human Services regarding the notice violation under the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq. On order of the Court, the Court of Appeals having filed its opinion on remand on May 19, 2011, the application for leave to appeal is again considered, and it is GRANTED, limited to the issue whether the Court of Appeals “conditional affirmance” remedy is an appropriate method of resolving an ICWA violation.
We further ORDER the Wayne Circuit Court Family Division to appoint attorney Vivek Sankaran of the University of Michigan Law School Child Advocacy Clinic, if feasible, to represent the respondent father in this Court.
The Children’s Law, Family Law, and American Indian Law Sections of the State Bar of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.
Turtle Talk 