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Legislation/Policy/Procedure

Title: Michigan Indian Family Preservation Act
Parties: Michigan State Trial Courts, Michigan Department of Human Services, and Tribes
Date enacted/published: 12/31/12

Description:

The Michigan Indian Family Preservation Act (MIFPA) was enacted into state law in order to promote compliance with and heighten awareness of the federal Indian Child Welfare Act (ICWA). The MIFPA seeks to accomplish these goals by strengthening and clarifying provisions of the ICWA within Michigan law. Specifically, the MIFPA defines terms that in ICWA that were either generally unclear, subject to multiple interpretations in past ICWA cases, or specifically unclear under Michigan law. These terms include "active efforts," "culturally appropriate services," "official tribal representative," "parent," "ward of the tribal court," and "Indian child."

Further, the MIFPA defines and gives an order of preference for determining an acceptable Qualified Expert Witness; provides specific good cause conditions to deviate from placement preferences; provides guidance to the courts when guardianship is sought; requires consent by both parents for voluntary placement of adoption; and provides for consultation with the federally recognized tribes in Michigan.

Overview of the Michigan Indian Family Preservation Act

Comparison Chart of the MIFPA

MIFPA Frequently Asked Questions

Little Traverse Bay Band Resolution Supporting MIFPA

For additional information contact:
Michele Corey
Michigan's Children 428 W. Lenawee
Lansing, MI 48933
(517) 485-3500

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