AB 81 — Indian children: child custody proceedings.

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 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 an Indian child, as defined, are to be collectively known as the California Indian Child Welfare Act. (2) 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. (3) Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of the child's parents or guardian. Existing law also requires a court, if removing a child from the parent's, guardian's, or Indian custodian's physical custody, to determine whether the child's placement complies with specified placement preferences for Indian children. Existing law requires, for all youth in foster care, a county social worker to create a case plan within a specified timeframe after the child is introduced into the foster care system. Existing law requires certain assessments to be included within the case plan, including, preplacement assessment of service needs and requires documentation that reasonable efforts have been made to prevent out-of-home placement. This bill would make changes throughout various code sections regarding placement of children to require that any placement of an Indian child complies with specified placement preferences. The bill would require a case plan to include, in the case of an Indian child, that the county welfare agency made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and would require the agency to make active efforts, as defined, to reunite an Indian child with their family. By imposing additional duties on county employees, this bill would impose a state-mandated local program. (4) Existing law imposes a duty to inquire whether a child for whom various juvenile petitions have been filed may be an Indian child beginning with the initial contact of the party reporting child abuse or neglect, as specified. This bill would specify that a county welfare department or county probation department has a duty to inquire whether the child is or may be an Indian child when first contacted regarding a child. The bill would require a court presiding over any juvenile proceeding that could result in placement of an Indian child with someone other than a parent or Indian custodian, to inquire at the first hearing on a petition whether the child is, or may be, an Indian child, as specified. (5) Existing law permits the participation of child's tribe for a child is who involved in a dependency proceeding, who would be an Indian child except that the child's Indian tribe is not federally recognized. This bill would authorize a tribe described in these provisions to appear remotely. (6) Existing law requires the State Department of Social Services, upon an Indian tribe's request, to enter into an agreement with any Indian tribe, tribal organization, or tribal consortium in this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, as specified. The bill would authorize the State Department of Social Services to establish and administer programs designed to facilitate tribal participation in Indian child custody proceedings. (7) Existing law requires the State Department of Social Services to establish a full-time position to assist counties in complying with the ICWA, including by providing information and support regarding the requirements of laws, regulations, and rules of court in juvenile dependency cases involving a child who is subject to the ICWA. This bill would require the position within the department to assist the department and counties in compliance with the ICWA and would additionally require as part of support, the provision of technical assistance and support regarding state guidance applicable to Indian child custody proceeding and related matters. (8) Under existing law, in an Indian child custody proceeding, when it appears to the court that a parent or Indian custodian desires counsel but is unable to afford and hire counsel, the federal law and regulations authorizing the appointment of counsel applies, as specified. Federal law requires the appointment of counsel for the parent or Indian custodian in any removal, placement, or termination proceeding, in which the court determines the parent or Indian custodian is indigent. This bill would require the court to appoint counsel for the parent or Indian custodian when it appears to the court that a parent or Indian custodian in an Indian child custody proceeding cannot afford to hire counsel and desires to have counsel for the proceedings. (9) Existing law requires a county welfare department to take certain steps before making an emergency placement of a child, including conducting an in-home inspection to assess the safety of the home and ability of the relative or nonrelative extended family member to care for the child's needs. This bill would authorize a federally recognized tribe or tribal organization to approve homes for the purpose of emergency placement of an Indian child, as specified. (10) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (11) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/27/24 - Chaptered Current pdf September 27, 2024
• Enrolled 08/31/24 - Enrolled pdf August 31, 2024
• Amended 08/19/24 - Amended Senate pdf August 19, 2024
• Amended 06/18/24 - Amended Senate pdf June 18, 2024
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 06/08/23 - Amended Senate pdf June 08, 2023
• Introduced 12/15/22 - Introduced pdf December 15, 2022
• AB81 View text html

Action History

1. September 27, 2024

   Chaptered by Secretary of State - Chapter 656, Statutes of 2024.

2. September 27, 2024

   Approved by the Governor.

3. September 10, 2024

   Enrolled and presented to the Governor at 4:30 p.m.

4. August 28, 2024

   Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).

5. August 28, 2024

   Assembly Rule 77 suspended.

6. August 28, 2024

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

7. August 27, 2024

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 36. Noes 0.).

8. August 20, 2024

   Read second time. Ordered to third reading.

9. August 19, 2024

   Read third time and amended. Ordered to second reading.

10. August 13, 2024

    From committee: That the measure be returned to Senate Floor for consideration. (Ayes 9. Noes 0.) (August 13)

11. August 08, 2024

    From committee: Be re-referred to Com. on JUD. pursuant to Senate Rule 29.10(b). (Ayes 5. Noes 0.) Re-referred to Com. on JUD.

12. June 20, 2024

    Re-referred to Com. on RLS pursuant to Senate Rule 29.10(b).

13. June 19, 2024

    Read second time. Ordered to third reading.

14. June 18, 2024

    Read third time and amended. Ordered to second reading.

15. June 18, 2024

    Read second time. Ordered to third reading.

16. June 17, 2024

    Ordered to second reading.

17. June 17, 2024

    From inactive file.

18. September 11, 2023

    Ordered to inactive file at the request of Senator Limón.

19. September 05, 2023

    Read second time. Ordered to third reading.

20. September 01, 2023

    Read third time and amended. Ordered to second reading.

21. August 14, 2023

    Ordered to third reading.

22. August 14, 2023

    From Consent Calendar.

23. July 13, 2023

    Read second time. Ordered to Consent Calendar.

24. July 12, 2023

    From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (July 11).

25. June 21, 2023

    Re-referred to Com. on JUD.

26. June 08, 2023

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

27. May 03, 2023

    Referred to Com. on RLS.

28. April 20, 2023

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

29. April 20, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1266.)

30. March 29, 2023

    Read second time. Ordered to third reading.

31. March 28, 2023

    From committee: Do pass. (Ayes 9. Noes 0.) (March 28).

32. March 28, 2023

    Coauthors revised.

33. March 02, 2023

    Referred to Com. on JUD.

34. January 04, 2023

    Read first time.

35. December 16, 2022

    From printer. May be heard in committee January 15.

36. December 15, 2022

    Introduced. To print.

Sponsors

• James C. Ramos · Primary
• Matt Haney · Cosponsor

Votes

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