Michigan Laws 712B.5 – Best interests of child; duties of courts
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Terms Used In Michigan Laws 712B.5
- Department: means the department of health and human services or a successor department or agency. 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 child: means an unmarried person who is under the age of 18 and is either of the following:
(i) A member of an Indian tribe. See Michigan Laws 712B.3Indian child welfare act: means the Indian child welfare act of 1978, 25 USC 1901 to 1963. See Michigan Laws 712B.3 tribe: means 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
In Indian child custody proceedings, the best interests of the Indian child shall be determined, in consultation with the Indian child’s tribe, in accordance with the Indian child welfare act, and the policy specified in this section. Courts shall do both of the following:
(a) Protect the best interests of Indian children and promote the stability and security of Indian tribes and families.
(b) Ensure that the department uses practices, in accordance with the Indian child welfare act, this chapter, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian children and, when an out-of-home care placement, adoptive placement, or preadoptive placement is necessary, place an Indian child in a placement that reflects the unique values of the Indian child’s tribal culture and that is best able to assist the Indian child in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian child’s tribe and tribal community.