In re Spears

Appellant, Grand Traverse Band of Ottawa and Chippewa Indians (the tribe), appeals by leave granted the circuit court’s order denying its request to transfer adoption proceedings to the tribal court pursuant to § 7 of the Michigan Indian Family Preservation Act (MIFPA), MCL 712B.1 et seq. We conclude that the circuit court committed error warranting reversal under MCL 712B.7(5) by denying the tribe’s request to transfer these proceedings to the tribal court. The statute only permits the circuit court to find good cause not to transfer in two instances, and the circuit court improperly…