IN RE MORRIS

Docket Nos. 142759, 143673. Calendar No. 2.

815 N.W.2d 62 (2012)

491 Mich. 81

In re MORRIS. In re Gordon.

Supreme Court of Michigan.

Decided May 4, 2012.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, B. Eric Restuccia , Deputy Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Jonathan E. Duckworth , Assistant Attorney General, for the Department of Human Services in Morris.

Vivek S. Sankaran for D. Morris in Morris.

Juvenile Law Group (by Arthur Bowman Jr. , Detroit) on behalf of C.I. Morris as guardian ad litem in Morris.

Jessica R. Cooper , Prosecuting Attorney, Thomas R. Grden , Chief of the Appellate Division, and Danielle Walton , Assistant Prosecuting Attorney, for the Department of Human Services in Gordon.

Karen Gullberg Cook , Beverly Hills for C. Hinkle in Gordon.

Matthew L.M. Fletcher , Kathryn E. Fort , Michigan Indian Legal Services, Inc., Traverse City (by Cameron A. Fraser and James A. Keedy ), and Melissa Pope for the American Indian Law Section of the State Bar of Michigan in Morris.

Allie Greenleaf Maldonado for the Little Traverse Bay Bands of Odawa Indians in Morris.

Michigan Indian Legal Services, Inc., Traverse City (by Cameron A. Fraser , James A. Keedy , and Erin P. McCormick ), and Melissa Pope for the American Indian Law Section of the State Bar of Michigan and Michigan Indian Legal Services, Inc., in Gordon.


CAVANAGH, J.

These combined cases require us to examine the Indian Child Welfare Act (ICWA), 25 U.S.C.A. §§ 1901 through 1963. In particular, we must decide several issues relating to ICWA's notice provision, 25 U.S.C.A. § 1912(a), which mandates that notice of certain involuntary child custody proceedings be sent to the appropriate Indian tribe or to the Secretary of the Interior "where the court knows or has reason to know that an Indian child is...

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