Bill > AB1824

This bill aims to strengthen protections for Indian children within California's guardianship and conservatorship proceedings by aligning state law more closely with the federal Indian Child Welfare Act (ICWA). Key provisions include requiring courts and petitioners to actively inquire if a child involved in guardianship or conservatorship proceedings is or may be an Indian child, and if so, to provide specific information to the child's tribe. The bill mandates that "active efforts" must be made to prevent the breakup of Indian families and that these efforts must be unsuccessful before a guardianship or conservatorship can be ordered, with specific placement preferences outlined to keep Indian children with their families or tribes. It also introduces requirements for expert witness testimony in certain cases to ensure cultural understanding and requires that tribes be given notice and the opportunity to participate in proceedings affecting Indian children, including the right to transfer jurisdiction to tribal courts. Furthermore, the bill clarifies definitions related to Indian children and tribes, strengthens notice requirements to tribes, and ensures that counsel is appointed for parents or Indian custodians who cannot afford it in these proceedings. Finally, it allows tribes whose federal recognition is pending to participate in proceedings involving children who would otherwise be considered Indian children.

Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB1824