In re Lee – Turtle Talk

State Court Administrative Office – Court Improvement Program: Indian Child Welfare Act Forum Remarks, October 6, 2008
by Justice Michael F. Cavanagh

Indian Children and Termination of Parental Rights: Michigan Supreme Court Takes a Step in the Right Direction in In Re Lee
by Angel Sorrells, Cami Fraser, Thomas Myers, and Aaron Allen

Proceed with Prudence: Advising Clients Doing Business in Indian Country
by R. Lance Boldrey and Jason Hanselman

Indian Gaming and Tribal Self-Determination: Reconsidering the 1993 Tribal-State Gaming Compacts
by Zeke Fletcher

Indian Country Law Enforcement and Cooperative Public Safety Agreements
by Matthew L. M. Fletcher, Kathryn E. Fort, and Wenona T. Singel

And I completely missed this article in the same issue (many apologies to the authors!):

In the Law: Keeping Current with American Indian Legal Resources
by Jan Bissett and Margi Heinen

In re Lee Oral Argument

March 4, 2009Kate Fort3 Comments

The Michigan Supreme Court heard the oral argument today in the In re Lee case, which we’ve referenced before. The case involves both the issue of active efforts and the beyond a reasonable doubt standard required by the Indian Child Welfare Act. Specifically the Court asked whether active efforts have to be recent and for each individual Indian child and whether the beyond a reasonable doubt standard required contemporaneous evidence of the emotional or physical harm to the child if he remains with his parent. Both the American Indian Law Section and the Children’s Law Section of the Michigan bar filed amicus briefs in the case.

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SBM Indian Law Section Amicus Brief in In re Lee Filed Today

February 24, 2009Matthew L.M. Fletcher2 Comments

Here is the brief, submitted at the invitation of the Michigan Supreme Court, and co-authored by the MSU Indigenous Law and Policy Center and Michigan Indian Legal Services.

icwa-lee-brief-feb-24-final

Michigan Supreme Court Grants Leave to Appeal in In re Lee

December 23, 2008December 23, 2008Matthew L.M. Fletcher

This is an ICWA case involving the meaning of “active efforts” under Michigan law. The petitioner is the Michigan Dept. of Human Services, and tribe involved is the Sault Tribe. The docket number is 137653. Here are the opinions from the Michigan Court of Appeals:

in-re-lee-per-curiam-opinion

in-re-lee-partial-concurrence-dissent

From the order granting leave to appeal:

On order of the Court, the application for leave to appeal the October 16, 2008 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed (1) whether the term “active efforts” in 25 USC 1912(d) requires a showing that there have been recent rehabilitative efforts designed to prevent the breakup of that particular Indian family; and (2) whether the “beyond a reasonable doubt” standard of 25 USC 1912(f) requires contemporaneous evidence that the continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child before parental rights may be terminated.

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