BILL NUMBER: AB 2418	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN ASSEMBLY  APRIL 29, 2010
	AMENDED IN ASSEMBLY  APRIL 21, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 19, 2010

   An act to amend Section 224.1 of the Welfare and Institutions
Code, relating to Indian children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2418, as amended, Cook. Indian children.
   The federal Indian Child Welfare Act governs the proceedings for
determining the placement of an Indian child when that child is
removed from the custody of his or her parent or guardian. 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 recognizes that the
Indian Child Welfare Act applies if the subject of these proceedings
is or may be an Indian child and specifies conforming procedures in
these cases with regard to the right to notice and intervention
accorded the child's tribe and the standard of proof applied in
evaluating the evidence submitted, among other things. Existing law
provides various definitions for these purposes.
   This bill would revise the definition of "Indian child" for
purposes of Indian child custody proceedings to include an unmarried
person who  is18   is 18  years of age or
over but under 21 years of age, and who is either a member of an
Indian tribe or eligible for membership in an Indian tribe, as
specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 224.1 of the Welfare and Institutions Code is
amended to read:
   224.1.  (a) As used in this division, unless the context requires
otherwise, the terms "Indian,"  "Indian child,"  "Indian
child's tribe," "Indian custodian," "Indian tribe," "reservation,"
and "tribal court" shall be defined as provided in Section 1903 of
the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
   (b) As used in connection with an Indian child custody proceeding,
the term "Indian child"  means  
    either of the following:  
   (1) An Indian child as defined in Section 1903 of the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.). 
    (2)     An 
 also means an  unmarried person who is 18 years of age or
over, but under 21 years of age, who is a member of an Indian tribe
or eligible for membership in an Indian tribe and is the biological
child of a member of an Indian tribe, and who is under the
jurisdiction of the dependency court, unless that person or his or
her attorney elects not to be considered an Indian child for purposes
of the Indian child custody proceeding. All Indian child custody
proceedings involving persons 18 years of age and older shall be
conducted in a manner that respects the person's status as a legal
adult.
   (c) As used in connection with an Indian child custody proceeding,
the terms "extended family member" and "parent" shall be defined as
provided in Section 1903 of the Indian Child Welfare Act.
   (d) "Indian child custody proceeding" means a "child custody
proceeding" within the meaning of Section 1903 of the Indian Child
Welfare Act, including a proceeding for temporary or long-term foster
care or guardianship placement, termination of parental rights,
preadoptive placement after termination of parental rights, or
adoptive placement. "Indian child custody proceeding" does not
include a voluntary foster care or guardianship placement if the
parent or Indian custodian retains the right to have the child
returned upon demand.
   (e) If an Indian child is a member of more than one tribe or is
eligible for membership in more than one tribe, the court shall make
a determination, in writing together with the reasons for it, as to
which tribe is the Indian child's tribe for purposes of the Indian
child custody proceeding. The court shall make that determination as
follows:
   (1) If the Indian child is or becomes a member of only one tribe,
that tribe shall be designated as the Indian child's tribe, even
though the child is eligible for membership in another tribe.
   (2) If an Indian child is or becomes a member of more than one
tribe, or is not a member of any tribe but is eligible for membership
in more than one tribe, the tribe with which the child has the more
significant contacts shall be designated as the Indian child's tribe.
In determining which tribe the child has the more significant
contacts with, the court shall consider, among other things, the
following factors:
   (A) The length of residence on or near the reservation of each
tribe and frequency of contact with each tribe.
   (B) The child's participation in activities of each tribe.
   (C) The child's fluency in the language of each tribe.
   (D) Whether there has been a previous adjudication with respect to
the child by a court of one of the tribes.
   (E) Residence on or near one of the tribes' reservations by the
child parents, Indian custodian or extended family members.
   (F) Tribal membership of custodial parent or Indian custodian.
   (G) Interest asserted by each tribe in response to the notice
specified in Section 224.2.
   (H) The child's self-identification.
   (3) If an Indian child becomes a member of a tribe other than the
one designated by the court as the Indian child's tribe under
paragraph (2), actions taken based on the court's determination prior
to the child's becoming a tribal member continue to be valid.