Order Michigan Supreme Court
Lansing, Michigan
November 23, 2011 Robert P. Young, Jr.,
Chief Justice
143673 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
SC: 143673 Brian K. Zahra,
In re J.L. GORDON, Minor. COA: 301592 Justices
Oakland CC Family Division:
2008-746988-NA
_________________________________________/
On order of the Court, the application for leave to appeal the August 11, 2011
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1). At
oral argument, the parties shall address: (1) whether the notice requirements of § 1912(a)
of the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq., are invoked, such that the
family court knows or has reason to know that an Indian child is involved in an
involuntary child protective proceeding, when, as occurred here, the respondent mother
stated at the preliminary hearing that her parents were tribal members but she was not; (2)
if so, whether the Department of Human Services (DHS) and the family court are under a
duty to make a complete record of their compliance with the notice requirements of the
ICWA; and (3) whether a parent can waive a minor child’s status as an “Indian Child”
under the ICWA, 25 USC 1903(4), or waive compliance with the federal law’s
requirements, and, if so, whether the respondent mother’s statement on the record that her
family had been notified directly by the tribe that they were not entitled to money or
benefits constituted a waiver. The parties may file supplemental briefs within 28 days of
the date of this order, but they should not submit mere restatements of their application
papers.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 23, 2011 _________________________________________
y1122 Clerk