AMENDMENTS TO MICHIGAN COURT RULES REGARDING GUARDIANSHIP PROCEEDINGS CONCERNING INDIAN CHILDREN

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The following changes were adopted by the Michigan Supreme Court on February 2, 2010.  The amendments are effective May 1, 2010.

A.   MCR 5.109 was added.  If an Indian child is the subject of a guardianship proceeding and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002 (2), the new rule provides additional service requirements that must be met.

B.   MCR 5.125(A)(8) was added.  This new subsection provides that in all guardianship proceedings concerning an Indian child special persons must be served in addition to those served in all minor guardianships.

C.   MCR 5.402(E) was added.  This new subsection provides rules for definitions, jurisdiction, notice, transfer, and intervention in guardianship cases concerning an Indian child.

D.  MCR 5.404(A) was amended to provide that a petitioner must state in the petition for guardianship of a minor whether or not the minor is an Indian child or whether that fact is unknown.

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Last updated 2-5-10

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to: pharter@calhouncountymi.gov