Sign In

Indian Child Welfare Act – Michigan Indian Family Preservation Act  (ICWA/MIFPA)

 
​In 1978, Congress enacted the Indian Child Welfare Act, 25 USC 1901-1963, (ICWA) in recognition of the fact that Indian children were being removed from their homes at a much higher rate than non-Indian children. ICWA is the federal law that governs the removal and out of home placement of Indian children.  ICWA established minimum federal requirements that apply to state agency and court proceedings involving Indian children who are members, or eligible for membership, in a federally-recognized tribe. 
 
2012 Public Act 565, which created the Michigan Indian Family Preservation Act (MIFPA), took effect on January 2, 2013. MIFPA codifies the federal Indian Child Welfare Act (ICWA) into state law and clarifies the court proceedings subject to the Act.  MIFPA amended the Juvenile Code by adding section MCL 712B.1 – 712B.41.
 
ICWA and MIFPA apply to the following proceedings:
  1. Foster care placements
  2. Termination of parental rights
  3. Guardianship
  4. Pre-adoptive placement
  5. Adoptive placements
  6. Status offenses by an Indian child
 
Although ICWA and MIFPA refer to these as “child custody proceedings,” the Acts do not apply to Michigan domestic relations child custody proceedings between parents, or juvenile delinquency proceedings other than status offenses, such as truancy.
 

 Resources

 

 

ICWA/MIFPA Training Programs

The State Court Administrative Office Child Welfare Services Division recorded multiple live trainings on the Indian Child Welfare Act and the Michigan Indian Family Preservation Act.  The recordings and correlating training materials are listed below for you to view at your convenience. Click on the presentation title to download the speaker's materials.  Not all presentations include materials.
  1. The Gold Standard or Just a Good Idea (2015)
  2. Why We Need the ICWA/MIFPA
  3. Personal Perspective of a Tribal Elder (2013)
  4. Notice Requirements of the ICWA/MIFPA (2013)
  5. Placement Options and Requirements Under the ICWA/MIFPA (2013)
  6. Tribal Intervention and Jurisdiction in ICWA/MIFPA (2013)
  7. Active Efforts (2013)
  8. Roles and Responsibilities for Cases Involving Native American Children (2014)
  9. ICWA's Serious Damage Standard and Qualified Expert Witness Testimony (2013)
  10. Office of Native American Affairs: An Overview of Services (2013)
  11. MIFPA Legislation - Healing From History: A Historical Context of ICWA and MIFPA Legislation (2013)
  12. MIFPA Legislation - Putting the "Act" Into Action: Exploring ICWA and MIFPA Compliance Through Interactive Case Scenarios (2013)
  13. MIFPA Legislation - An Opening Dialogue About Implementation, Practice, and Frequently Asked Questions (2013)
  14. MIFPA Legislation - Legislation and Collaboration: Building Block to Healthy Tribal - State Relationships (2013)
 

 1. The Gold Standard or Just a Good Idea

 
 

 2. Why We Need the ICWA/MIFPA

 
 

 3. Personal Perspective of a Tribal Elder

 
 

 4. Notice Requirements of the ICWA/MIFPA

 
 

 5. Placement Options/Requirements of the ICWA/MIFPA

 
 

 6. Tribal Intervention and Jurisdiction in ICWA/MIFPA Cases

 
 

 7. Active Efforts

 
 

 8. Roles and Responsibilities for Cases Involving Native American Children

 
 

 9. ICWA's Serious Damage Standard and Qualified Expert Witness Testimony

 
 

 10. Office of Native American Affairs: An Overview of Services

 
 

 11. MIFPA Legislation - Healing From History: A Historical Context of ICWA and MIFPA Legislation

 
 

 12. MIFPA Legislation - Putting the "Act" Into Action: Exploring ICWA and MIFPA Compliance Through Interactive Case Scenarios

 
 

 13. MIFPA Legislation - An Opening Dialogue About Implementation, Practice and FAQ

 
 

 14. MIFPA Legislation - Legislation and Collaboration: Building Blocks to Health Tribal - State Relationships