Michigan Court of Appeals

Yet Another Michigan Conditional Affirmation ICWA Case

Kate Fort6 Comments

In re King/Little, here.

From the opinion:

Petitioner responds to this issue by stating that, after respondent signed the form indicating that the children were eligible for membership in the Cherokee Tribe, it did comply with the requirements of the ICWA by sending the proper notice to both the Cherokee Boys Club and the Cherokee Nation. Petitioner contends it received responses from both organizations indicating that the children were not considered “Indian” in the Cherokee Nation and were not eligible for membership. Petitioner further contends that all the proper paperwork is on file at the Office of the Prosecuting Attorney and the Department of Human Services and invites this Court to view the failure to place this information on the trial court record as harmless error. However, we may not expand the record on appeal. MCR 7.210(A)(1).

Cherokee Boys Club?!? After all these years, how many different ways can DHS mess up notice and still defend their practice? There are only three federally recognized Cherokee tribes, and not one of them is the Cherokee Boys Club.

Michigan COA Issues Another Condition Remand in an ICWA Notice Case

Matthew L.M. Fletcher

Here, In re King/Little.

Another Conditional Affirmance in an ICWA Case in Michigan

Matthew L.M. Fletcher

Here is the unpublished opinion in In re Whisler.

Michigan COA Decides ICWA Active Efforts/Expert Witness Case

Matthew L.M. Fletcher

Here is the unpublished, per curiam opinion.

Michigan COA Decides ICWA Active Efforts Case

Matthew L.M. Fletcher

Here is the opinion in In the Matter of Dawson:

Dawson

Michigan Appellate Court Decides ICWA Notice Case

Matthew L.M. Fletcher

Here is the unpublished opinion in In re J.L. Gordon.

Michigan Appeals Court Issues Two More ICWA “Conditional Affirmance” Notice Decisions

Matthew L.M. Fletcher

Here is the unpublished opinion in In re Orianwo/McCrary.

And here is the unpublished opinion in In re Amyx/Amyx-Holmes.

Michigan Appellate Courts Issue another ICWA “Conditional Affirmance” Case

Matthew L.M. Fletcher

Here is the unpublished opinion in In re Orianwo/McCrary.

Michigan COA, on Remand from Mich. SCT, Decides ICWA Notice Case

Matthew L.M. Fletcher1 Comment

Here is that opinion. An excerpt:

This termination of parental rights case returns to this Court on remand from the Supreme Court “for reconsideration of the respondent father’s appeal in light of the confession of error by petitioner Department of Human Services regarding the failure of it and the Wayne Circuit Court, Family Division, to comply with the notice requirements of the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq.” In re C I Morris, ___ Mich ___; 796 NW2d 51 (Docket No. 142759, decided April 22, 2011). We readopt our original opinion and conditionally affirm the circuit court, but we remand this case with regard to both respondents for further proceedings consistent with this opinion.

Here is the Supreme Court’s remand order.

Hannahville Indian Community Amicus Brief in State v. Collins & Mason

Matthew L.M. Fletcher1 Comment

Here:

Hannahville Amicus Brief

Other materials are here.