Michigan Laws 712B.19 – Improper removal of child from custody
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 712B.19
- Child custody proceeding: includes , but is not limited to, 1 or more of the following:
(i) Foster care placement. See Michigan Laws 712B.3Court: means the family division of circuit court or the probate court. See Michigan Laws 712B.3 Indian: means any member of any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the secretary because of their status as Indians, including any Alaska native village as defined in section 1602(c) of the Alaska native claims settlement act, 43 USC 1602. See Michigan Laws 712B.3 Indian custodian: means any Indian person who has custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the Indian child's parent. See Michigan Laws 712B.3 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Parent: means any biological parent or parents of an Indian child or any person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. See Michigan Laws 712B.3
If a court determines at a hearing that a petitioner in an Indian child custody proceeding has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and immediately return the child to his or her parent or Indian custodian unless returning the child to his or her parent or Indian custodian would subject the child to a substantial and immediate danger or threat of danger.