CAL.Regulation
California tightens ICWA-style protections in guardianship and conservatorship cases
Governor Gavin Newsom signed AB 1824 on September 25 as part of a Native American legislative package, aligning California guardianship and conservatorship proceedings involving Indian children with Indian Child Welfare Act standards. Courts and petitioners must inquire whether a child is or may be an Indian child, parties seeking placement must show 'active efforts' to prevent family breakup, and placements must follow ICWA placement preferences.
Enrolled text (California Legislative Information) → · Office of the Governor of California
Key points
- Petitions must state whether the child is or may be an Indian child, with reasons and efforts taken to avoid the appointment.California Legislative Information
- The court must inquire at the first hearing whether the child is or may be an Indian child.California Legislative Information
- A qualified expert witness must testify that continued custody by the parent would likely cause serious emotional or physical damage.California Legislative Information
- The bill sets notice requirements and procedures for transferring a case to the child's tribal jurisdiction.California Legislative Information
- Courts may let a non-federally-recognized tribe participate in the proceeding at the tribe's request.California Legislative Information
- The bill was signed among ten Native American measures, including making Native American Day a paid state holiday.Office of the Governor of California
Sources2 articles across 2 outlets
California Legislative Information
Office of the Governor of California