Mich. Comp. Laws » Michigan Compiled Laws / Chapter 712B / Act 288 of 1939
Michigan Compiled Laws

Mich. Comp. Laws § 712B.17 (2026)

Qualified expert witness.

✓ current as of July 2026
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PROBATE CODE OF 1939


Act 288 of 1939


712B.17 Qualified expert witness.

Sec. 17.

    (1) If the testimony of a qualified expert witness is required, the court shall accept either of the following in the following order of preference:

    (a) A member of the Indian child's tribe, or witness approved by the Indian child's tribe, who is recognized by the tribal community as knowledgeable in tribal customs and how the tribal customs pertain to family organization and child rearing practices.

    (b) A person with knowledge, skill, experience, training, or education and who can speak to the Indian child's tribe and its customs and how the tribal customs pertain to family organization and child rearing practices.

    (2) A party to a child custody proceeding may present his or her own qualified expert witness to rebut the testimony of the petitioner's qualified expert witness.

History: Add. 2012, Act 565, Imd. Eff. Jan. 2, 2013

PopularName Notes:

Probate Code
Notes of Decisions
Cited in 13 cases (6 in the last 5 years), 2015–2025 · leading case: In re Beers, 926 N.W.2d 832 (Mich. Ct. App. 2018).
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In re Beers, 926 N.W.2d 832 (Mich. Ct. App. 2018). “002 have been made to provide remedial service and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful, and (2) the court finds evidence beyond a reasonable doubt, including testimony of at least one…”
In re Payne/Pumphrey/Fortson, 874 N.W.2d 205 (Mich. Ct. App. 2015). “15(4) states the following: No termination of parental rights may be ordered in a proceeding described in this section without a determination, supported by evidence beyond a reasonable doubt, including testimony of at least 1 qualified expert witness as described in [MCL…”
In re England, 887 N.W.2d 10 (Mich. Ct. App. 2016). “See MCL 712B.17. Finally, we reject respondent’s argument that O’Neill was merely a puppet for the Tribe’s child welfare committee.”
In Re hernandez/hodge/benson Minors (Mich. Ct. App. 2024). · cites it 4× “t solely on a qualified expert’s opinion; the Legislature requires that the determination be supported by testimony of a qualified expert: No termination of parental rights may be ordered in a proceeding described in this section without a determination, supported by evidence…”
in Re P Ledesma Minor (Mich. Ct. App. 2020). · cites it 2× “002 have been made to provide remedial service and rehabilitative programs designed to prevent the breakup of the Indian family, and that these efforts have proved unsuccessful, and (2) the court finds evidence beyond a reasonable doubt, including testimony of at least one…”
In Re E E Gerou Minor (Mich. Ct. App. 2025). · cites it 2× “A trial court may not terminate the parental rights of a parent of an Indian child unless the trial court “finds evidence beyond a reasonable doubt, including testimony of at least one qualified expert witness as described in MCL 712B.17, that parental rights should be…”
in Re E M England Minor (Mich. Ct. App. 2016). “See MCL 712B.17. Finally, we reject respondent’s argument that O’Neill was merely a puppet for the Tribe’s child welfare committee.”
in Re beers/lebeau-beers Minors (Mich. Ct. App. 2018). “-4- (2) the court finds evidence beyond a reasonable doubt, including testimony of at least one qualified expert witness as described in MCL 712B.17, that parental rights should be terminated because continued custody of the child by the parent or Indian custodian will likely…”
in Re beers/lebeau-beers Minors (Mich. Ct. App. 2018). “-4- (2) the court finds evidence beyond a reasonable doubt, including testimony of at least one qualified expert witness as described in MCL 712B.17, that parental rights should be terminated because continued custody of the child by the parent or Indian custodian will likely…”
In Re I M Tilot Minor (Mich. Ct. App. 2023). “MCL 712B.17(1). The parties stipulated that Nesberg qualified as such an expert.”
In Re M a Tye Minor (Mich. Ct. App. 2023). “(4) No termination of parental rights may be ordered in a proceeding described in this section without a determination, supported by evidence beyond a reasonable doubt, including testimony of at least 1 qualified expert witness as described in [MCL 712B.17], that the continued…”
D in Re peters/brinton/mathews Minors (Mich. Ct. App. 2024). “” 7 MCL 712B.17 details the minimum requirements for a qualified expert witness.”
Show all 13 citing cases →
— Mich. Comp. Laws § 712B.17(1) — 2 cases
In Re hernandez/hodge/benson Minors (Mich. Ct. App. 2024). “t solely on a qualified expert’s opinion; the Legislature requires that the determination be supported by testimony of a qualified expert: No termination of parental rights may be ordered in a proceeding described in this section without a determination, supported by evidence…”
In Re I M Tilot Minor (Mich. Ct. App. 2023). “MCL 712B.17(1). The parties stipulated that Nesberg qualified as such an expert.”
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