The Michigan Supreme Court upheld the termination of the parental rights of a member of the Sault Ste. Marie Tribe of Chippewa Indians.

Cheryl Lee said the state failed to comply with the Indian Child Welfare Act. Her child, also a tribal member, was removed out of concerns for the emotional and physical well-being of the minor.

The court ruled that ICWA requires the state to undertake "active efforts" to determine whether breaking up an Indian family is in the best interest of a child. But the court said ICWA doesn't require "current active efforts," citing Lee's prior history with child welfare services

Two judges dissented. They said the state should be required to analyze Lee's "current" situation before seeking to terminate her parental rights.

Get the Story:
State Supreme Court OKs Removing Child From Native American Mother (Michigan Public Radio 7/15)

Michigan Supreme Court Decision:
In re JL, Minor (July 14, 2009)