AB 81 Summary

• Establishes the "California Indian Child Welfare Act" by consolidating all state law provisions related to Indian child welfare across multiple codes and declaring the state's commitment to protecting tribal sovereignty and Indian families.

• Expands definitions and protections for Indian children, requiring "active efforts" (rather than just "reasonable efforts") by agencies to prevent family breakup, provide reunification services, and comply with federal Indian Child Welfare Act placement preferences.

• Authorizes federally recognized tribes to approve homes for foster and adoptive placements of Indian children, license homes without state approval, and conduct criminal background checks; establishes funding program to support tribal home approval processes.

• Strengthens tribal participation rights by requiring courts to inquire about Indian child status at initial hearings, permit tribes to appear remotely, and apply placement preferences that prioritize extended family and tribal placements.

• Establishes a full-time position within the State Department of Social Services to provide technical assistance and guidance to counties regarding Indian child welfare laws and tribal participation in custody proceedings.