2012 Senate Bill 1232 / Public Act 565

Create “Indian family preservation” law

Introduced in the Senate

Aug. 15, 2012

Introduced by Sen. Judy Emmons (R-33)

To require that in foster care, termination of parental rights, adoptions, etc. involving an Indian child, officials must make “active efforts” to provide “culturally appropriate” services in collaboration with the tribe that “assure cultural connections” to the tribe, including “adoptive placements that will reflect the unique value of Indian culture.” Among other things, this would restrict adoptions of a Native American child by a non-native American family. The bill would also establish that “an Indian tribe has exclusive jurisdiction” over any child custody matter involving an Indian child who lives within the reservation.

Referred to the Committee on Families, Seniors, and Human Services

Sept. 20, 2012

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Sept. 25, 2012

Substitute offered

The substitute passed by voice vote

Sept. 27, 2012

Passed in the Senate 36 to 2 (details)

To require that in foster care, termination of parental rights, adoptions, and other legal matters involving an Indian child, officials must make “active efforts” to provide “culturally appropriate” services in collaboration with the tribe that “assure cultural connections” to the tribe, including “adoptive placements that will reflect the unique value of Indian culture.” Among other things, this would restrict adoptions of a Native American child by a non-native American family. The bill would also establish that “an Indian tribe has exclusive jurisdiction” over any child custody matter involving an Indian child who lives within the reservation.

Received in the House

Sept. 27, 2012

Referred to the Committee on Families, Children and Seniors

Dec. 4, 2012

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Dec. 12, 2012

Passed in the House 109 to 0 (details)

To require that in foster care, termination of parental rights, adoptions, and other legal matters involving an Indian child, officials must make “active efforts” to provide “culturally appropriate” services in collaboration with the tribe that “assure cultural connections” to the tribe, including “adoptive placements that will reflect the unique value of Indian culture.” Among other things, this would restrict adoptions of a Native American child by a non-native American family. The bill would also establish that “an Indian tribe has exclusive jurisdiction” over any child custody matter involving an Indian child who lives within the reservation.

Signed by Gov. Rick Snyder

Dec. 31, 2012