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CA AB3176

Bill

Status

Passed

9/27/2018

Primary Sponsor

Marie Waldron

Click for details

Origin

State Assembly

2017-2018 Session

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

Committee Referrals

Appropriations6/27/2018
Judiciary6/13/2018
Rules5/31/2018
Appropriations4/17/2018
Judiciary4/11/2018
Human Services3/15/2018

Full Bill Text

No bill text available