California 2017-2018 Regular Session Status: Enacted 3 D cosponsors

AB 3176 — Indian children.

Last action — Chaptered by Secretary of State - Chapter 833, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2018. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) 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 his or her parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA. Existing law requires a court in all Indian child custody proceedings to, among other things, comply with ICWA. Under existing law, a determination by an Indian tribe that an unmarried person who is under 18 years of age, is either a member of an Indian tribe, or is eligible for membership in an Indian tribe and a biological child of a member of an Indian tribe, constitutes a significant political affiliation with the tribe and requires application of ICWA to the proceedings. Under existing law, a court, a county welfare department, and the probation department have an affirmative and continuing duty to inquire as to whether a child is or may be an Indian child in all dependency proceedings and in any juvenile wardship proceeding if the child is at risk of entering foster care or is in foster care. Under existing law, if a court, social worker, or probation officer knows or has reason to know that an Indian child is involved in a custody proceeding, a notice meeting specified requirements is required to be sent to the minor's parents or legal guardian, Indian custodian, and the minor's tribe. Existing law also requires the notice to be sent to all tribes of which the child may be a member or eligible for membership, as provided. In accordance with federal law, this bill would revise and recast those provisions. Among other things, the bill would revise the specific steps a social worker, probation officer, or court is required to take in making an inquiry of a child's possible status as an Indian child. The bill would also revise the various notice requirements that are mandated during an Indian child custody proceeding, including a proceeding for an emergency removal of an Indian child from the custody of his or her parents or Indian custodian. The bill would require the State Department of Social Services to adopt any regulations necessary to implement these provisions, and would require the Judicial Council to adopt any forms or rules of court necessary to implement these provisions. The bill would make other conforming changes. (2) This bill would incorporate additional changes to Section 212.5 of the Welfare and Institutions Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last. (3) This bill would incorporate additional changes to Section 361.2 of the Welfare and Institutions Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last. (4) By increasing the duties on county welfare departments, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 833, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6898.).

  5. Assembly Rule 77 suspended. (Page 6773.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5894.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Ordered to third reading.

  11. Reconsideration granted. (Ayes 39. Noes 0. Page 5609.)

  12. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5600.).

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered returned to second reading.

  15. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 16).

  16. In committee: Referred to APPR. suspense file.

  17. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR.

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  19. Referred to Com. on JUD.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 5552.)

  22. Read second time. Ordered to third reading.

  23. Read second time and amended. Ordered returned to second reading.

  24. From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 25).

  25. Joint Rule 62(a), file notice suspended. (Page 5298.)

  26. In committee: Set, first hearing. Referred to APPR. suspense file.

  27. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 17). Re-referred to Com. on APPR.

  28. Re-referred to Com. on JUD.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  30. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 10). Re-referred to Com. on JUD.

  31. Re-referred to Com. on HUM. S.

  32. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

  33. Referred to Coms. on HUM. S. and JUD.

  34. From printer. May be heard in committee March 19.

  35. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 115 not signed on

Sponsors (1)

  • Waldron

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 3176 WALDRON Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Levine — Yea
Mathis — Yea
Mullin — Yea
Obernolte — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Eggman — Yea
Gloria — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Quirk — Yea
Santiago — Yea
Thurmond — Yea
Voepel — Yea
Weber — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Fong — Yea
Salas — Yea
Chu — Yea
Gray — Yea
Rubio — Yea
Rivas — Yea
Burke — Yea
Harper — Yea
Holden — Yea
Kamlager-Dove — Yea
Kiley — Yea
Maienschein — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Steinorth — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB3176 Waldron et al. By Jackson

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Morrell — Yea
Vidak — Yea
Delgado — Yea
Dodd — Yea
Fuller — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Hernandez — Yea
Hertzberg — Yea
De León — Yea
Bates — Yea
Bradford — Yea
Lara — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

3rd Reading AB3176 Waldron et al. By Jackson Reconsider

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hill — Yea
Hueso — Yea
Monning — Yea
Nielsen — Yea
Vidak — Yea
Dodd — Yea
Cannella — Yea
Chang — Yea
Hernandez — Yea
Hertzberg — Yea
Allen — Yea
De León — Yea
Atkins — Yea
Mitchell — Yea
Delgado — Yea
Portantino — Yea
Lara — Yea
Beall — Yea
Bradford — Yea
Leyva — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

3rd Reading AB3176 Waldron et al. By Jackson

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Pan — Yea
Skinner — Yea
Vidak — Yea
Cannella — Yea
Dodd — Yea
Chang — Yea
Delgado — Yea
Glazer — Yea
Allen — Yea
Moorlach — Yea
Nielsen — Yea
Roth — Yea
De León — Yea
Atkins — Yea
Mitchell — Yea
Portantino — Yea
Hernandez — Yea
Hertzberg — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 3176 WALDRON Assembly Third Reading

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57000
Democratic 14001
Republican 6000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Yea
Mathis — Yea
Melendez — Yea
Nazarian — Yea
Rendon — Yea
Voepel — Yea
Weber — Yea
Gloria — Yea
Low — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Medina — Yea
Rodriguez — Yea
Santiago — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Friedman — Yea
Gray — Yea
Holden — Yea
Rubio — Yea
Kamlager-Dove — Yea
Levine — Yea
Maienschein — Yea
McCarty — Yea
Mullin — Yea
Baker — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Cooper — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 3000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bloom — Yea
Brough — Not Voting
Eggman — Yea
Friedman — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Bigelow — Yea
Chau — Yea
Nazarian — Yea
Obernolte — Yea
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 8000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Holden — Yea
Chau — Yea
Chiu — Yea
Kiley — Yea
Maienschein — Yea
Gonzalez Fletcher — Yea
Cunningham — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

public-safety civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 3176 do?
(1) 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 his or her parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA. Existing law requires a court in all Indian child custody proceedings to, among other things, comply with ICWA. Under existing law, a determination by an Indian tribe that an unmarried person who is under 18 years of age, is either a member of an Indian tribe, or is eligible for membership in an Indian tribe and a biological child of a member of an Indian tribe, constitutes a significant political affiliation with the tribe and requires application of ICWA to the proceedings. Under existing law, a court, a county welfare department, and the probation department have an affirmative and continuing duty to inquire as to whether a child is or may be an Indian child in all dependency proceedings and in any juvenile wardship proceeding if the child is at risk of entering foster care or is in foster care. Under existing law, if a court, social worker, or probation officer knows or has reason to know that an Indian child is involved in a custody proceeding, a notice meeting specified requirements is required to be sent to the minor's parents or legal guardian, Indian custodian, and the minor's tribe. Existing law also requires the notice to be sent to all tribes of which the child may be a member or eligible for membership, as provided. In accordance with federal law, this bill would revise and recast those provisions. Among other things, the bill would revise the specific steps a social worker, probation officer, or court is required to take in making an inquiry of a child's possible status as an Indian child. The bill would also revise the various notice requirements that are mandated during an Indian child custody proceeding, including a proceeding for an emergency removal of an Indian child from the custody of his or her parents or Indian custodian. The bill would require the State Department of Social Services to adopt any regulations necessary to implement these provisions, and would require the Judicial Council to adopt any forms or rules of court necessary to implement these provisions. The bill would make other conforming changes. (2) This bill would incorporate additional changes to Section 212.5 of the Welfare and Institutions Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last. (3) This bill would incorporate additional changes to Section 361.2 of the Welfare and Institutions Code proposed by AB 1930 to be operative only if this bill and AB 1930 are enacted and this bill is enacted last. (4) By increasing the duties on county welfare departments, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 3176?
AB 3176 is sponsored by Daly, Maienschein, Mathis, Reyes, Eloise Gómez (Democratic), Waldron, Arambula, Joaquin (Democratic), and Rubio, Blanca E. (Democratic).
What is the current status of AB 3176?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 3176?
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