Inquiry as to a child’s Indian heritage; MCR 3.977(G); Application of The Indian Child Welfare Act & the Michigan Indian Family Preservation Act; In re Beers; “Indian child”; MCL 712B.3(k); Effect of a trial court’s knowledge that a child may be Indian; MCL 712B.9 & 11; Notice; Conditional reversal; MCL 712B.9(4)(a); In re Morris

Holding that the trial court erred by failing to conduct a proper inquiry into respondent-mother’s claim that she and the child have Indian heritage, the court conditionally reversed and remanded for compliance with notification requirements. Her rights were terminated on the basis of her significant mental health issues and long history with CPS. On appeal, the court agreed that the trial court erred by failing to conduct a proper inquiry into her claim that she and the child have Indian heritage. “Mere statements in court reports that an inquiry was made and that the child was not determined to be Indian is insufficient documentation that the potential tribe was notified.” Respondent clearly “indicated that she and the child were Cherokee.” As such, “statutory-notice requirements were plainly triggered by” her statements. “The trial court relied on court reports, which indicated that the inquiry had been made in an earlier case, and concluded that the child was not Indian. However, no additional documentation or receipt of notice to the Cherokee Nation was provided in the record.” It also mentioned that it had a note that a previous child protective proceeding determined that respondent’s older child was not Indian; however, MCL 712B.9 does not indicate that the trial court or agency may rely on previous inquiries to satisfy notification and determination requirements.” Although its “conclusion may be correct, in the absence of any proof that the Cherokee Nation was properly notified, we must err on the side of caution because Indian tribes change their eligibility requirements such that an older child may not have been eligible for membership while a younger child born to the same parents could be, and vice versa.”