19.9Right to Intervene/Participate in Proceedings
“In any state court child custody proceeding of an Indian child, the Indian custodian of the child and the Indian child’s tribe have a right to intervene at any point in the child custody proceeding.”1 MCL 712B.7(6). See also MCR 3.905(D), which contains substantially similar language; 25 USC 1911(c),which provides for a right of intervention, but limits it to a child’s Indian tribe or Indian custodian and to a proceeding for foster care placement or termination of parental rights.2
“[An] [o]fficial tribal representative[] ha[s] the right to participate in any proceeding that is subject to the [ICWA] and [the MIFPA].” MCL 712B.7(7). MCL 712B.3(r) defines an official tribal representative as “an individual who is designated by the Indian child’s tribe to represent the tribe in a court overseeing a child custody proceeding.”3
1 See Section 19.4(A) for a discussion on determining an Indian child’s status and an Indian child’s Tribe, and Section 19.4(B) for a discussion on Indian child-custody proceedings and Indian custodians.
2 See the ICWA form, Motion to Intervene, at http://www.narf.org/nill/documents/icwa/forms/index.html.
3 “An official tribal representative does not need to be an attorney.” MCL 712B.3(r). See also MCR 3.002(19), which contains a substantially similar definition of official tribal representative.