Loading chat...
CA AB3176
Bill
Status
9/27/2018
Primary Sponsor
Marie Waldron
Click for details
AI Summary
-
Revises California's Indian Child Welfare Act (ICWA) procedures, including requirements for courts and child welfare agencies to inquire whether a child is or may be an Indian child in all dependency proceedings.
-
Establishes specific steps social workers and probation officers must take to identify Indian children, including contacting the Bureau of Indian Affairs and tribes, and requires detailed notice to parents, Indian custodians, and tribes when Indian children may be involved in custody proceedings.
-
Requires courts to determine an Indian child's residence and domicile, and establishes procedures for transferring cases to tribal courts when children are already under tribal jurisdiction or the tribe has exclusive jurisdiction over the matter.
-
Mandates that Indian children receive "active efforts" (not just "reasonable efforts") to prevent family breakup, requires qualified expert witness testimony for removal or termination of parental rights, and establishes strict placement preferences prioritizing extended family, tribal foster homes, and Indian foster homes.
-
Implements procedures for tribal customary adoption as a permanent plan alternative and requires the State Department of Social Services and Judicial Council to adopt implementing regulations and forms.
Legislative Description
Indian children.
Last Action
Chaptered by Secretary of State - Chapter 833, Statutes of 2018.
9/27/2018