Order Michigan Supreme Court
Lansing, Michigan
December 18, 2008 Clifford W. Taylor,
Chief Justice
137653 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
_________________________________________ Maura D. Corrigan
Robert P. Young, Jr.
In re JADEN TAYLOR LEE, Minor. Stephen J. Markman,
_________________________________________ Justices
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Appellee,
v SC: 137653
COA: 283038
Mackinac CC Family Div:
00-005132-NA
CHERYL LYNN LEE,
Respondent-Appellant,
and
SAULT STE. MARIE TRIBE OF CHIPPEWA
INDIANS,
Intervening Respondent-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the October 16, 2008
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed (1) whether the term “active efforts” in 25 USC
1912(d) requires a showing that there have been recent rehabilitative efforts designed to
prevent the breakup of that particular Indian family; and (2) whether the “beyond a
reasonable doubt” standard of 25 USC 1912(f) requires contemporaneous evidence that
the continued custody of the Indian child by the parent or Indian custodian is likely to
result in serious emotional or physical damage to the child before parental rights may be
terminated.
The Clerk of the Court is directed to place this case on the March 2009 session
calendar for argument and submission. Appellant’s brief and appendix must be filed no
later than January 27, 2009, and appellees’ brief and appendices, if appellees choose to
submit appendices, must be filed no later than February 20, 2009.
The Attorney General and the American Indian Law, Children’s Law, and Family
Law Sections of the State Bar of Michigan are invited to file briefs amicus curiae by
2
February 24, 2009. Other persons or groups interested in the determination of the issues
presented in this case may move the Court for permission to file briefs amicus curiae by
February 24, 2009.
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.
December 18, 2008 _________________________________________
1217 Clerk