CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 81Introduced by Assembly Member RamosDecember 15, 2022 An act to amend Section 224 of the Welfare and Institutions Code, relating to Indian children. LEGISLATIVE COUNSEL'S DIGESTAB 81, as introduced, Ramos. Indian children: child custody proceedings.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 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 childs membership or citizenship in the childs 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, due to Californias discriminatory laws and policies against California Native Americans and the denial of the existence of tribal government powers, California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.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 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.(3) In the early decades of Californias statehood, the relationship between the State of California and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. The State of Californias laws and policies discriminating against California Native Americans and denying the existence of tribal government powers persisted well into the twentieth century and therefore the State of California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.(b) In all Indian child custody proceedings, as defined in the federal Indian Child Welfare 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 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, 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 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 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.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 81Introduced by Assembly Member RamosDecember 15, 2022 An act to amend Section 224 of the Welfare and Institutions Code, relating to Indian children. LEGISLATIVE COUNSEL'S DIGESTAB 81, as introduced, Ramos. Indian children: child custody proceedings.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 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 childs membership or citizenship in the childs 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, due to Californias discriminatory laws and policies against California Native Americans and the denial of the existence of tribal government powers, California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 81
Introduced by Assembly Member RamosDecember 15, 2022
Introduced by Assembly Member Ramos
December 15, 2022
An act to amend Section 224 of the Welfare and Institutions Code, relating to Indian children.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 81, as introduced, Ramos. Indian children: child custody proceedings.
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 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 childs membership or citizenship in the childs 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, due to Californias discriminatory laws and policies against California Native Americans and the denial of the existence of tribal government powers, California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.
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 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 childs membership or citizenship in the childs 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, due to Californias discriminatory laws and policies against California Native Americans and the denial of the existence of tribal government powers, California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.
## Digest Key
## Bill Text
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 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.(3) In the early decades of Californias statehood, the relationship between the State of California and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. The State of Californias laws and policies discriminating against California Native Americans and denying the existence of tribal government powers persisted well into the twentieth century and therefore the State of California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.(b) In all Indian child custody proceedings, as defined in the federal Indian Child Welfare 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 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, 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 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 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.
The people of the State of California do enact as follows:
## 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 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.(3) In the early decades of Californias statehood, the relationship between the State of California and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. The State of Californias laws and policies discriminating against California Native Americans and denying the existence of tribal government powers persisted well into the twentieth century and therefore the State of California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.(b) In all Indian child custody proceedings, as defined in the federal Indian Child Welfare 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 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, 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 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 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.
SECTION 1. Section 224 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
224. (a) The Legislature finds and declares 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.(3) In the early decades of Californias statehood, the relationship between the State of California and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. The State of Californias laws and policies discriminating against California Native Americans and denying the existence of tribal government powers persisted well into the twentieth century and therefore the State of California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.(b) In all Indian child custody proceedings, as defined in the federal Indian Child Welfare 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 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, 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 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 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.
224. (a) The Legislature finds and declares 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.(3) In the early decades of Californias statehood, the relationship between the State of California and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. The State of Californias laws and policies discriminating against California Native Americans and denying the existence of tribal government powers persisted well into the twentieth century and therefore the State of California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.(b) In all Indian child custody proceedings, as defined in the federal Indian Child Welfare 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 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, 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 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 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.
224. (a) The Legislature finds and declares 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.(3) In the early decades of Californias statehood, the relationship between the State of California and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. The State of Californias laws and policies discriminating against California Native Americans and denying the existence of tribal government powers persisted well into the twentieth century and therefore the State of California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.(b) In all Indian child custody proceedings, as defined in the federal Indian Child Welfare 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 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, 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 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 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.
224. (a) The Legislature finds and declares 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.
(3) In the early decades of Californias statehood, the relationship between the State of California and California Native Americans was fraught with violence, exploitation, dispossession, and the attempted destruction of tribal communities. The State of Californias laws and policies discriminating against California Native Americans and denying the existence of tribal government powers persisted well into the twentieth century and therefore the State of California seeks to more closely explore the historical relationships between the State of California and California Native Americans in the spirit of truth and healing.
(b) In all Indian child custody proceedings, as defined in the federal Indian Child Welfare 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 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, 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 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 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.