Michigan Laws > Chapters 701-713 > Act 288 of 1939 > Chapter XIIB
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Terms Used In Michigan Laws > Chapters 701-713 > Act 288 of 1939 > Chapter XIIB
- Active efforts: means actions to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and to reunify the Indian child with the Indian family. See Michigan Laws 712B.3
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Chief executive officer: means any of the following:
(i) For a city, the mayor. See Michigan Laws 446.203Child custody proceeding: includes , but is not limited to, 1 or more of the following:
(i) Foster care placement. See Michigan Laws 712B.3Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Court: means the family division of circuit court or the probate court. See Michigan Laws 712B.3 Culturally appropriate services: means services that enhance an Indian child's and family's relationship to, identification, and connection with the Indian child's tribe. See Michigan Laws 712B.3 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of health and human services or a successor department or agency. See Michigan Laws 712B.3 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Extended family members: means that term as defined by the law or custom of the Indian child's tribe or, in the absence of that law or custom, means a person who has reached the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent and includes the term "relative" as that term is defined in section 13a(j) of chapter XIIA. See Michigan Laws 712B.3 Foster home or institution: means a child caring institution as that term is defined in section 1 of 1973 PA 116, MCL 722. See Michigan Laws 712B.3 Fraud: Intentional deception resulting in injury to another. Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC Governmental unit: means a city, township, charter township, county, or incorporated village. See Michigan Laws 446.203 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: means a person who has qualified as a guardian of a minor under a parental or spousal nomination or a court order issued under section 19a or 19c of chapter XIIA, section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700. See Michigan Laws 712B.3 Guardian ad litem: means an individual whom the court appoints to assist the court in determining the child's best interests. See Michigan Laws 712B.3 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q 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 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 Indian organization: means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. See Michigan Laws 712B.3 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Internet drop-off store: means a person, corporation, or firm that contracts with other persons, corporations, or firms to offer its personal property or other valuable thing for sale, purchase, consignment, or trade through means of an internet website and meets the conditions described in section 1(3). See Michigan Laws 446.203 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. Lawyer-guardian ad litem: means an attorney appointed under section 21 of this chapter. See Michigan Laws 712B.3 Local police agency: means the police agency of the city, village, or township, or if none, the county sheriff of the county in which the internet drop-off store conducts business. See Michigan Laws 446.203 month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j Oath: A promise to tell the truth. oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k Official tribal representative: means an individual who is designated by the Indian child's tribe to represent the tribe in a court overseeing a child custody proceeding. See Michigan Laws 712B.3 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 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Pawnbroker: means a person, corporation, or member, or members of a copartnership or firm, who loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price. See Michigan Laws 446.203 Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 446.163 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Reservation: means Indian country as defined in 18 USC 1151 and any lands, not covered under that section, title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation. See Michigan Laws 712B.3 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nSecretary: means the Secretary of the Interior. See Michigan Laws 712B.3 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o Subpoena: A command to a witness to appear and give testimony. Target: means a person that purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the commercial market and that is, or later becomes, the subject of the patent infringement allegation. See Michigan Laws 446.163 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tribal court: means a court with jurisdiction over child custody proceedings that is either a court of Indian offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings. 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 United States: shall be construed to include the district and territories. See Michigan Laws 8.3o