AB 81

Bill Subjects

Abstract

(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.