Rule 3.905 Indian Children; Jurisdiction, Notice, Transfer, Intervention

(A)   If an Indian child is the subject of a protective proceeding or is charged with a status offense in violation of MCL 712A.2(a)(2)-(4) or (d), and if an Indian tribe has exclusive jurisdiction as defined in MCR 3.002(6), and the matter is not before the state court as a result of emergency removal pursuant to MCL 712B.7(2), the matter shall be dismissed.

(B)   If an Indian child is the subject of a protective proceeding or is charged with a status offense in violation of MCL 712A.2(a)(2)-(4) or (d), and if an Indian tribe has exclusive jurisdiction as defined in MCR 3.002(6), and the matter is before the state court as a result of emergency removal pursuant to MCL 712B.7(2), and either the tribe notifies the state court that it is exercising its jurisdiction, or the emergency no longer exists, then the state court shall dismiss the matter.

(C)   If an Indian child is the subject of a protective proceeding or is charged with a status offense in violation of MCL 712A.2(a)(2)-(4) or (d) and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(6), the court shall ensure that the petitioner has given notice of the proceedings to the persons described in MCR 3.921 in accordance with MCR 3.920(C).

(1)   If either parent or the Indian custodian or the Indian child’s tribe petitions the court to transfer the proceeding to the tribal court, the court shall transfer the case to the tribal court unless either parent objects to the transfer of the case to tribal court jurisdiction or the court finds good cause not to transfer. When the court makes a good-cause determination under this section, adequacy of the tribe, tribal court, or tribal social services shall not be considered. A court may determine that good cause not to transfer a case to tribal court exists only if the person opposing the transfer shows by clear and convincing evidence that either of the following applies:

(a)   The Indian tribe does not have a tribal court.

(b)   The requirement of the parties or witnesses to present evidence in tribal court would cause undue hardship to those parties or witnesses that the Indian tribe is unable to mitigate.

(2)   The court shall not dismiss the matter until the transfer has been accepted by the tribal court.

(3)   If the tribal court declines transfer, the Michigan Indian Family Preservation Act applies to the continued proceeding in state court, as do the provisions of these rules that pertain to an Indian child. See MCL 712B.3 and MCL 712B.5.

(4)   A petition to transfer may be made at any time in accordance with MCL 712B.7(3).

(D)   The Indian custodian of the child, the Indian child’s tribe and the Indian child have a right to intervene at any point in the proceeding pursuant to MCL 712B.7(6).