CA AB 81

Title: Indian children: child custody proceedings.
Author: James C. Ramos

Summary
AB 81, as amended, Ramos. Indian children: child custody proceedings. Existing federal law, the Indian Child Welfare Act of 1978 (ICWA), governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child’s parent or guardian. Existing law states findings and declarations of the Legislature regarding Indian children, including that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with the ICWA, and it is in the interest of an Indian child that the child’s membership or citizenship in the child’s Indian tribe and connection to the tribal community be encouraged and protected, and requires the court to consider those findings in all Indian child custody proceedings.This bill would add to those findings and declarations by stating that the State of California is committed to protecting essential tribal relations by recognizing a tribe’s right to protect the health, safety, and welfare of its citizens. The bill would also declare that provisions of the Family Code, Health and Safety Code, Probate Code, and the Welfare and Institutions Code that apply to proceedings involving an Indian child, as defined, are to be collectively known as the California Indian Child Welfare Act. Existing provisions of state law govern child custody proceedings, adoption proceedings, dependency proceedings, including termination of parental rights, the voluntary relinquishment of a child by a parent, and guardianship proceedings. Existing law provides various definitions for these purposes, including “Indian child,” as provided in the ICWA.This bill would define various terms, including “Indian child,” consistent with provisions of the ICWA. The bill would also make conforming changes and cross-references throughout various provisions.This bill would declare that it is to take effect immediately as an urgency statute.

Status
Ordered to inactive file at the request of Senator Limón.

Bill Documents
CA AB 81 - 09/01/23 - Amended Senate
09/01/23 - CA AB 81 (09/01/23 - Amended Senate)