Law | Opinion

Opinion: Forum fosters cooperation with tribal court systems






Deb DeLeon, vice chairwoman of the Little Traverse Bay Bands, welcomes participants in the Michigan Tribal State Federal Judicial Forum. Photo from Turtle Talk

Retiring Michigan Supreme Court Justice Michael Cavanagh reports on the first meeting of the Michigan Tribal State Federal Judicial Forum:
The Michigan Tribal State Federal Judicial Forum, which was created this year and held its first meeting in Petoskey this week, provides an ongoing venue for all three jurisdictions to convene and improve working relations and communications. A priority for the Forum is addressing child welfare issues, and ensuring that our courts systems are meeting the needs of Native children and families in a way that’s culturally sensitive and appropriate in accordance with the Indian Child Welfare Act of 1978 (ICWA).

The work of the Forum is important to all Michigan citizens because it affects how our court systems work: jurisdiction among the three courts and how they function cooperatively; enforcement of orders; and transferring cases (beyond child welfare), to name a few examples.

Tribal child welfare has had a particularly poignant history in the U.S. during the past century. Thousands of Native children have been forcibly removed from their homes, families, and tribes, and placed in boarding schools where they were forced to assimilate and were not allowed to speak their Native language or participate in their Native culture.

Our courts work to keep Indian families intact whenever possible under the Michigan Indian Family Preservation Act of 2013. Originally a recommendation of the first Tribal State Court Forum in 1992, this law codifies the federal ICWA into state law and clarifies the court proceedings under the Act.

Get the Story:
Michael Cavanagh: Inaugural tribal-state court forum addresses child welfare issues (MLive 10/30)

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