In re Morris

815 N.W.2d 62 (2012)

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In re Morris

Michigan Supreme Court
815 N.W.2d 62 (2012)

Facts

Baby Morris was born to her mother, N. Brumley, and her father, D. Morris (defendants). Baby Morris tested positive for cocaine, and the Department of Human Services (DHS) (plaintiff) filed a temporary custody petition to remove Baby Morris from Brumley’s custody. Brumley claimed that she had Cherokee ancestry, and Morris claimed that his great-grandmother was a member of a Cherokee tribe. The trial court noted that Baby Morris might be a member or eligible to become a member of the Cherokee tribe, but Indian Child Welfare Act (ICWA) notice to the Cherokee tribes was not given. The trial court ordered Baby Morris to be taken into foster care and eventually terminated Brumley’s and Morris’s parental rights. Brumley and Morris appealed to the Michigan Court of Appeals on issues other than that of ICWA notice. DHS raised the ICWA notice issue, which the Michigan Court of Appeals did not address when it affirmed. Morris appealed to the Michigan Supreme Court, which vacated the court of appeals’ ruling and remanded for resolution on the ICWA notice issue. The court of appeals remanded to the trial court, and Morris appealed to the Michigan Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Cavanagh, J.)

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