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California Assembly Bill AB268

California 2019-2020 Regular Session

California Assembly Bill AB268 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 268Introduced by Assembly Member WaldronJanuary 24, 2019 An act to amend Section 224 of the Welfare and Institutions Code, relating to child welfare. LEGISLATIVE COUNSEL'S DIGESTAB 268, as introduced, Waldron. Indian children.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 childs parent or guardian. Existing state 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 an Indian child custody proceeding to, among other things, comply with ICWA.This bill would make technical, nonsubstantive changes to those state provisions governing Indian child custody proceedings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 224 of the Welfare and Institutions Code is amended to read:224. (a) The Legislature finds and declares both of the following:(1) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members or citizens of, or are eligible for membership or citizenship in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable state and federal law, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community.(2) It is in the interest of an Indian child that the childs membership or citizenship in the childs Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of an Indian child custody proceeding, the parental rights of the childs parents have been terminated, or where the child has resided or been domiciled.(b) In all an Indian child custody proceedings, proceeding, as defined in the federal Indian Child Welfare Act Act, the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act of 1978 and other applicable federal law, and seek to protect the best interest of the child. Whenever If an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the federal Indian Child Welfare Act of 1978 and other applicable state and federal law.(c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, 18 years of age, is either (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and a biological child of a member or citizen of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act of 1978 and other applicable state and federal law to the proceedings.(d) In any a case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian childs tribe, than the rights provided under the federal Indian Child Welfare Act of 1978, the court shall apply the higher standard.(e) Any An Indian child, the Indian childs tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care or guardianship placement or termination of parental rights if the action violated Section 1911, 1912, or 1913 of the federal Indian Child Welfare Act of 1978.
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33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 268Introduced by Assembly Member WaldronJanuary 24, 2019 An act to amend Section 224 of the Welfare and Institutions Code, relating to child welfare. LEGISLATIVE COUNSEL'S DIGESTAB 268, as introduced, Waldron. Indian children.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 childs parent or guardian. Existing state 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 an Indian child custody proceeding to, among other things, comply with ICWA.This bill would make technical, nonsubstantive changes to those state provisions governing Indian child custody proceedings.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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1111 Assembly Bill No. 268
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1313 Introduced by Assembly Member WaldronJanuary 24, 2019
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1515 Introduced by Assembly Member Waldron
1616 January 24, 2019
1717
1818 An act to amend Section 224 of the Welfare and Institutions Code, relating to child welfare.
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2020 LEGISLATIVE COUNSEL'S DIGEST
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2222 ## LEGISLATIVE COUNSEL'S DIGEST
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2424 AB 268, as introduced, Waldron. Indian children.
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2626 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 childs parent or guardian. Existing state 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 an Indian child custody proceeding to, among other things, comply with ICWA.This bill would make technical, nonsubstantive changes to those state provisions governing Indian child custody proceedings.
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2828 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 childs parent or guardian. Existing state 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 an Indian child custody proceeding to, among other things, comply with ICWA.
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3030 This bill would make technical, nonsubstantive changes to those state provisions governing Indian child custody proceedings.
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3232 ## Digest Key
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3434 ## Bill Text
3535
3636 The people of the State of California do enact as follows:SECTION 1. Section 224 of the Welfare and Institutions Code is amended to read:224. (a) The Legislature finds and declares both of the following:(1) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members or citizens of, or are eligible for membership or citizenship in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable state and federal law, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community.(2) It is in the interest of an Indian child that the childs membership or citizenship in the childs Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of an Indian child custody proceeding, the parental rights of the childs parents have been terminated, or where the child has resided or been domiciled.(b) In all an Indian child custody proceedings, proceeding, as defined in the federal Indian Child Welfare Act Act, the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act of 1978 and other applicable federal law, and seek to protect the best interest of the child. Whenever If an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the federal Indian Child Welfare Act of 1978 and other applicable state and federal law.(c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, 18 years of age, is either (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and a biological child of a member or citizen of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act of 1978 and other applicable state and federal law to the proceedings.(d) In any a case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian childs tribe, than the rights provided under the federal Indian Child Welfare Act of 1978, the court shall apply the higher standard.(e) Any An Indian child, the Indian childs tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care or guardianship placement or termination of parental rights if the action violated Section 1911, 1912, or 1913 of the federal Indian Child Welfare Act of 1978.
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3838 The people of the State of California do enact as follows:
3939
4040 ## The people of the State of California do enact as follows:
4141
4242 SECTION 1. Section 224 of the Welfare and Institutions Code is amended to read:224. (a) The Legislature finds and declares both of the following:(1) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members or citizens of, or are eligible for membership or citizenship in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable state and federal law, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community.(2) It is in the interest of an Indian child that the childs membership or citizenship in the childs Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of an Indian child custody proceeding, the parental rights of the childs parents have been terminated, or where the child has resided or been domiciled.(b) In all an Indian child custody proceedings, proceeding, as defined in the federal Indian Child Welfare Act Act, the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act of 1978 and other applicable federal law, and seek to protect the best interest of the child. Whenever If an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the federal Indian Child Welfare Act of 1978 and other applicable state and federal law.(c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, 18 years of age, is either (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and a biological child of a member or citizen of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act of 1978 and other applicable state and federal law to the proceedings.(d) In any a case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian childs tribe, than the rights provided under the federal Indian Child Welfare Act of 1978, the court shall apply the higher standard.(e) Any An Indian child, the Indian childs tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care or guardianship placement or termination of parental rights if the action violated Section 1911, 1912, or 1913 of the federal Indian Child Welfare Act of 1978.
4343
4444 SECTION 1. Section 224 of the Welfare and Institutions Code is amended to read:
4545
4646 ### SECTION 1.
4747
4848 224. (a) The Legislature finds and declares both of the following:(1) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members or citizens of, or are eligible for membership or citizenship in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable state and federal law, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community.(2) It is in the interest of an Indian child that the childs membership or citizenship in the childs Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of an Indian child custody proceeding, the parental rights of the childs parents have been terminated, or where the child has resided or been domiciled.(b) In all an Indian child custody proceedings, proceeding, as defined in the federal Indian Child Welfare Act Act, the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act of 1978 and other applicable federal law, and seek to protect the best interest of the child. Whenever If an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the federal Indian Child Welfare Act of 1978 and other applicable state and federal law.(c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, 18 years of age, is either (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and a biological child of a member or citizen of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act of 1978 and other applicable state and federal law to the proceedings.(d) In any a case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian childs tribe, than the rights provided under the federal Indian Child Welfare Act of 1978, the court shall apply the higher standard.(e) Any An Indian child, the Indian childs tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care or guardianship placement or termination of parental rights if the action violated Section 1911, 1912, or 1913 of the federal Indian Child Welfare Act of 1978.
4949
5050 224. (a) The Legislature finds and declares both of the following:(1) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members or citizens of, or are eligible for membership or citizenship in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable state and federal law, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community.(2) It is in the interest of an Indian child that the childs membership or citizenship in the childs Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of an Indian child custody proceeding, the parental rights of the childs parents have been terminated, or where the child has resided or been domiciled.(b) In all an Indian child custody proceedings, proceeding, as defined in the federal Indian Child Welfare Act Act, the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act of 1978 and other applicable federal law, and seek to protect the best interest of the child. Whenever If an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the federal Indian Child Welfare Act of 1978 and other applicable state and federal law.(c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, 18 years of age, is either (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and a biological child of a member or citizen of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act of 1978 and other applicable state and federal law to the proceedings.(d) In any a case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian childs tribe, than the rights provided under the federal Indian Child Welfare Act of 1978, the court shall apply the higher standard.(e) Any An Indian child, the Indian childs tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care or guardianship placement or termination of parental rights if the action violated Section 1911, 1912, or 1913 of the federal Indian Child Welfare Act of 1978.
5151
5252 224. (a) The Legislature finds and declares both of the following:(1) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members or citizens of, or are eligible for membership or citizenship in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable state and federal law, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community.(2) It is in the interest of an Indian child that the childs membership or citizenship in the childs Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of an Indian child custody proceeding, the parental rights of the childs parents have been terminated, or where the child has resided or been domiciled.(b) In all an Indian child custody proceedings, proceeding, as defined in the federal Indian Child Welfare Act Act, the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act of 1978 and other applicable federal law, and seek to protect the best interest of the child. Whenever If an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the federal Indian Child Welfare Act of 1978 and other applicable state and federal law.(c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, 18 years of age, is either (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and a biological child of a member or citizen of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act of 1978 and other applicable state and federal law to the proceedings.(d) In any a case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian childs tribe, than the rights provided under the federal Indian Child Welfare Act of 1978, the court shall apply the higher standard.(e) Any An Indian child, the Indian childs tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care or guardianship placement or termination of parental rights if the action violated Section 1911, 1912, or 1913 of the federal Indian Child Welfare Act of 1978.
5353
5454
5555
5656 224. (a) The Legislature finds and declares both of the following:
5757
5858 (1) There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in protecting Indian children who are members or citizens of, or are eligible for membership or citizenship in, an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable state and federal law, designed to prevent the childs involuntary out-of-home placement and, whenever that placement is necessary or ordered, by placing the child, whenever possible, in a placement that reflects the unique values of the childs tribal culture and is best able to assist the child in establishing, developing, and maintaining a political, cultural, and social relationship with the childs tribe and tribal community.
5959
6060 (2) It is in the interest of an Indian child that the childs membership or citizenship in the childs Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of an Indian child custody proceeding, the parental rights of the childs parents have been terminated, or where the child has resided or been domiciled.
6161
6262 (b) In all an Indian child custody proceedings, proceeding, as defined in the federal Indian Child Welfare Act Act, the court shall consider all of the findings contained in subdivision (a), strive to promote the stability and security of Indian tribes and families, comply with the federal Indian Child Welfare Act of 1978 and other applicable federal law, and seek to protect the best interest of the child. Whenever If an Indian child is removed from a foster care home or institution, guardianship, or adoptive placement for the purpose of further foster care, guardianship, or adoptive placement, placement of the child shall be in accordance with the federal Indian Child Welfare Act of 1978 and other applicable state and federal law.
6363
6464 (c) A determination by an Indian tribe that an unmarried person, who is under the age of 18 years, 18 years of age, is either (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and a biological child of a member or citizen of an Indian tribe shall constitute a significant political affiliation with the tribe and shall require the application of the federal Indian Child Welfare Act of 1978 and other applicable state and federal law to the proceedings.
6565
6666 (d) In any a case in which this code or other applicable state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child, or the Indian childs tribe, than the rights provided under the federal Indian Child Welfare Act of 1978, the court shall apply the higher standard.
6767
6868 (e) Any An Indian child, the Indian childs tribe, or the parent or Indian custodian from whose custody the child has been removed, may petition the court to invalidate an action in an Indian child custody proceeding for foster care or guardianship placement or termination of parental rights if the action violated Section 1911, 1912, or 1913 of the federal Indian Child Welfare Act of 1978.