Annette Nickel, Judge Butts, Maribeth Preston, Judge Maldonado
MIFPA
Judge Thorne Presenting At the Grand Rapids MIFPA Training
Susan Harness Kicks Off Overflow MIFPA Training in Grand Rapids
State Court Training on the Michigan Indian Family Preservation Act
Michigan Court of Appeals Opinion on MIFPA and ICWA Notice
The Michigan COA interpreted In re Morris to require a conditional reversal when the parent asserted that his grandmothers were Native and:
It is unclear from the record exactly how or why the caseworker came to the conclusion, reflected in the case service plans, that the minor child is not an Indian child for purposes of 25 USC 1912(a); some elaboration would have been appropriate given the father’s assertion. There is no indication that an inquiry or investigation was made specifically with respect to the father’s claim made at the preliminary hearing, nor an explanation in regard to why the father’s claim was being discounted, assuming it was evaluated or pondered in the first place, such that the ICWA notice requirement was not triggered. Of special concern to us is that the initial case service plan, in its summarization of the trial court’s preliminary hearing order, made no mention of the court’s command that the caseworker “make necessary inquiry and/or notification as to possible Native American Indian heritage.” Furthermore, there is no clear confirmation by the court itself that its initial concerns of whether the child is an Indian child were alleviated. Moreover, the father’s assertion concerning the Native American heritage of the minor child’s paternal great-grandparents fits within the parameters of the examples given by the Morris Court, quoted above, that would trigger the need to serve notice. Morris, 491 Mich at 108 n 18. Finally, petitioner itself concedes that conditional reversal is necessary in order to determine whether the minor child is an Indian child under the law.
Opinion here.
SCAO Training on the Michigan Indian Family Preservation Act, March 8
Information here (pdf).
Okemos Conference Center 2187 University Park Dr. Okemos, MI 48864
9:15-10:00 a.m.
Registration
10:00-11:00 a.m.
Healing From History: A Historical Context of ICWA and MIFPA Legislation
Hon. Allie Greenleaf Maldonado, Chief Judge, Little Traverse Bay Band of Odawa Indians
11:00 a.m.-Noon
Putting the “Act” Into Action: Exploring ICWA and MIFPA Compliance Through Interactive Case Scenarios
Annette D. Nickel, Prosecutor/Presenting Officer, Pokagon Band of Potawatomi Indians
Noon-1:00 p.m.
Lunch
1:00-2:00 p.m.
Case Scenarios, Cont’d.
2:00-2:15 p.m.
Break
2:15-3:00 p.m.
Lessons Learned: An Open Dialogue About Implementation, Practice, and Frequently Asked Questions
3:00-4:00 p.m.
Legislation and Collaboration: Building Blocks to Healthy Tribal – State Relationships
Hon. Timothy P. Connors, Judge, Washtenaw County Circuit Court
Michigan ICWA Bill (MIFPA) Passes State House of Representatives–Will Likely Become Law
Some good news in this legislative session–the Michigan Indian Family Preservation Act just passed in the House and, having already passed in the Senate, is heading to the Governor’s office for him to sign. Bill status and versions are available here.




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