IN RE ELLIOTT

Nos. 185137, 185425.

554 N.W.2d 32 (1996)

218 Mich. App. 196

In re Tyler James ELLIOTT, Minor. DEPARTMENT OF SOCIAL SERVICES, Petitioner-Appellee, v. Stepfanie (LeBlanc) BOYD and Paul Elliott, Respondents-Appellants, and Sault Ste. Marie Tribe of Chippewa Indians, Intervenor.

Court of Appeals of Michigan.

Decided August 6, 1996, at 9:35 a.m.

Released for Publication September 27, 1996.


Attorney(s) appearing for the Case

James J. Gregart, Prosecuting Attorney and Michael H. Dzialowski, Assistant Prosecuting Attorney, Kalamazoo, for petitioner.

James A. Bransky, Traverse City, for Stephanie Boyd.

Frederick R. Hubbell, Kalamazoo, for Paul Elliott.

Before MARKEY, P.J., and HOLBROOK and M.J. MATUZAK, JJ.


HOLBROOK, Judge.

Respondents, Stepfanie Boyd and Paul Elliott, appeal as of right from a Kalamazoo County Probate Court order terminating their parental rights to Tyler James Elliott, who was 3½ years old at the time of trial. In this appeal, we must determine whether the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. § 1901 et seq., was applicable to this proceeding in the first instance and, if so, whether the probate court failed to comply...

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