Order Michigan Supreme Court
Lansing, Michigan
June 22, 2011 Robert P. Young, Jr.,
Chief Justice
142759 & (74) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
SC: 142759 Brian K. Zahra,
In re C.I. MORRIS, Minor. COA: 299471 Justices
Wayne CC Family Division:
08-483987
_________________________________________/
By order of April 22, 2011, while retaining jurisdiction, we remanded this case to
the Court of Appeals for reconsideration of the respondent father’s appeal in light of the
confession of error by petitioner Department of Human Services regarding the notice
violation under the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq. On order of
the Court, the Court of Appeals having filed its opinion on remand on May 19, 2011, the
application for leave to appeal is again considered, and it is GRANTED, limited to the
issue whether the Court of Appeals “conditional affirmance” remedy is an appropriate
method of resolving an ICWA violation.
We further ORDER the Wayne Circuit Court Family Division to appoint attorney
Vivek Sankaran of the University of Michigan Law School Child Advocacy Clinic, if
feasible, to represent the respondent father in this Court.
The Children’s Law, Family Law, and American Indian Law Sections of the State
Bar of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issue presented in this case may move the Court for
permission to file briefs amicus curiae.
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.
June 22, 2011 _________________________________________
y0615 Clerk