BILL NUMBER: SB 678	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 30, 2006
	PASSED THE ASSEMBLY  AUGUST 24, 2006
	AMENDED IN ASSEMBLY  AUGUST 21, 2006
	AMENDED IN ASSEMBLY  JUNE 26, 2006
	AMENDED IN ASSEMBLY  JUNE 14, 2006
	AMENDED IN SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  AUGUST 15, 2005
	AMENDED IN SENATE  JUNE 20, 2005
	AMENDED IN SENATE  MAY 9, 2005

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 22, 2005

   An act to amend Sections 3041, 7821, 7822, 8616.5, 8620, 8710, and
9210 of, to add Sections 7892.5, 7907.3, 8606.5, 8619.5, 9208, and
9209 to, to add Part 3 (commencing with Section 170) to Division 1
of, and to repeal Section 7810 of, the Family Code, to amend Sections
1510, 1511, 1513, 1516.5, and 1601 of, to add Sections 1449, 1459,
1459.5, 1460.2, 1474, and 1500.1 to, and to repeal Section 2112 of,
the Probate Code, and to amend Sections 290.1, 290.2, 291, 292, 293,
294, 295, 297, 305.5, 317, 361, 366, 366.26, 727.4, 10553.1, and
16507.4 of, to add Sections 110, 224, 224.1, 224.2, 224.3, 224.4,
224.5, 224.6, 306.6, 361.31, and 361.7 to, and to repeal Section
360.6 of, the Welfare and Institutions Code, relating to Indian
children.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 678, Ducheny  Indian children.
   Existing federal law, the 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 law authorizes tribes recognized under federal law
to intervene in these proceedings.
   Existing provisions of state law govern child custody proceedings,
adoption proceedings, including postadoption contact agreements,
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.
   This bill would revise, recast, and expand various provisions of
state law to, among other things, apply to certain children who do
not come within the definition of an Indian child for purposes of the
Indian Child Welfare Act, and would provide that a parent, Indian
custodian, or tribe may intervene in child custody proceedings
involving children with Indian ancestry, as specified. The bill would
also authorize a tribe to participate in dependency proceedings
involving an Indian child, as specified. The bill would provide that
an Indian child's parent's consent to adoption or guardianship is
invalid unless it meets specified standards. The bill would specify
that if an Indian custodian or biological parent of an Indian child
in guardianship proceedings lacks the financial ability to retain
counsel and requests that appointment, certain provisions of the
Indian Child Welfare Act regarding court-appointed counsel would
apply.
   Existing law also requires, until January 1, 2010, a social worker
to make a home visit and conduct a criminal records check of persons
living in a home before placing the child in the home. Existing law
creates certain notification requirements for probation officers and
social workers in child custody cases.
   This bill would delete that termination date, thereby making that
provision effective indefinitely. This bill would require probation
officers and social workers to provide additional notices in cases
involving Indian children.
   Because this bill would impose additional duties on social workers
and other county employees, the bill would impose a state-mandated
local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   This bill would incorporate additional changes to Section 295 of
the Welfare and Institutions Code proposed by SB 1667 to become
operative only if this bill and SB 1667 are enacted and become
effective on or before January 1, 2007, and this bill is enacted
last.
   This bill would incorporate additional changes to Section 317 of
the Welfare and Institutions Code proposed by AB 2480 to become
operative only if this bill and AB 2480 are enacted and become
effective on or before January 1, 2007, and this bill is enacted
last.


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


  SECTION 1.  Part 3 (commencing with Section 170) is added to
Division 1 of the Family Code, to read:

      PART 3.  Indian Children

   170.  (a) As used in this code, unless the context otherwise
requires, the terms "Indian," "Indian child," "Indian child's tribe,"
"Indian custodian," "Indian organization," "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) When 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.

   (c) "Indian child custody proceeding" means a "child custody
proceeding" within the meaning of Section 1903 of the Indian Child
Welfare Act, including a voluntary or involuntary proceeding that may
result in an Indian child's temporary or long-term foster care or
guardianship placement if the parent or Indian custodian cannot have
the child returned upon demand, termination of parental rights, or
adoptive placement. An "Indian child custody proceeding" does not
include a proceeding under this code commenced by the parent of an
Indian child to determine the custodial rights of the child's
parents, unless the proceeding involves a petition to declare an
Indian child free from the custody or control of a parent or involves
a grant of custody to a person or persons other than a parent, over
the objection of a parent.
   (d) 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's 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 180.
   (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 shall continue to be valid.

   175.  (a) The Legislature finds and declares the following:
   (1) There is no resource that is more vital to the continued
existence and integrity of recognized Indian tribes than their
children, and the State of California has an interest in protecting
Indian children who are members of, or are eligible for membership
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 Indian Child Welfare Act
(25 U.S.C.  Sec. 1901 et seq.) and other applicable law, designed to
prevent the child's involuntary out-of-home placement and, whenever
the placement is necessary or ordered, by placing the child, whenever
possible, in a placement that reflects the unique values of the
child's tribal culture and is best able to assist the child in
establishing, developing, and maintaining a political, cultural, and
social relationship with the child's tribe and tribal community.
   (2) It is in the interest of an Indian child that the child's
membership in the child's Indian tribe and connection to the tribal
community be encouraged and protected, regardless of any of the
following:
   (A)  Whether the child is in the physical custody of an Indian
parent or Indian custodian at the commencement of a child custody
proceeding.
   (B)  Whether the parental rights of the child's parents have been
terminated.
   (C)  Where the child has resided or been domiciled.
   (b) In all Indian child custody proceedings 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, 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 Indian Child Welfare Act.
   (c) A determination by an Indian tribe that an unmarried person,
who is under the age of 18 years, is either (1) a member of an Indian
tribe or (2) eligible for membership in an Indian tribe and a
biological child of a member 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 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
child's tribe, than the rights provided under the Indian Child
Welfare Act, the court shall apply the higher standard.
   (e) Any Indian child, the Indian child's 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, guardianship placement, or termination
of parental rights if the action violated Sections 1911, 1912, and
1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
Nothing in this section is intended to prohibit, restrict, or
otherwise limit any rights under Section 1914 of the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
   177.  (a) In an Indian child custody proceeding, the court shall
apply Sections 224.2 to 224.6, inclusive, and Sections 305.5, 361.31,
and 361.7 of the Welfare and Institutions Code, and the following
rules from the California Rules of Court, as they read on January 1,
2005:
   (1) Paragraph (7) of subdivision (b) of Rule 1410.
   (2) Subdivision (i) of Rule 1412.
   (b) In the provisions cited in subdivision (a), references to
social workers, probation officers, county welfare department, or
probation department shall be construed as meaning the party seeking
a foster care placement, guardianship, or adoption under this code.
   (c) This section shall only apply to proceedings involving an
Indian child.
   180.  (a) In an Indian child custody proceeding notice shall
comply with subdivision (b) of this section.
   (b) Any notice sent under this section shall be sent to the minor'
s parent or legal guardian, Indian custodian, if any, and the Indian
child's tribe and shall comply with all of the following
requirements:
   (1) Notice shall be sent by registered or certified mail with
return receipt requested. Additional notice by first-class mail is
recommended, but not required.
   (2) Notice to the tribe shall be to the tribal chairperson, unless
the tribe has designated another agent for service.
   (3) Notice shall be sent to all tribes of which the child may be a
member or eligible for membership until the court makes a
determination as to which tribe is the Indian child's tribe in
accordance with subdivision (d) of Section 170, after which notice
need only be sent to the tribe determined to be the Indian child's
tribe.
   (4)  Notice, to the extent required by federal law, shall be sent
to the Secretary of the Interior's designated agent, the Sacramento
Area Director, Bureau of Indian Affairs. If the identity or location
of the Indian child's tribe is known, a copy of the notice shall also
be sent directly to the Secretary of the Interior unless the
Secretary of the Interior has waived that notice in writing and the
person responsible for giving notice under this section has filed
proof of the waiver with the court.
   (5) In addition to the information specified in other sections of
this article, notice shall include all of the following information:

   (A) The name, birthdate, and birthplace of the Indian child, if
known.
   (B) The name of any Indian tribe in which the child is a member or
may be eligible for membership, if known.
   (C) All names known of the Indian child's biological parents,
grandparents, and great-grandparents, or Indian custodians, including
maiden, married, and former names or aliases, as well as their
current and former addresses, birthdates, places of birth and death,
tribal enrollment numbers, and any other identifying information, if
known.
   (D) A copy of the petition by which the proceeding was initiated.

   (E) A copy of the child's birth certificate, if available.
   (F) The location, mailing address, and telephone number of the
court and all parties notified pursuant to this section.
   (G) A statement of the following:
   (i) The absolute right of the child's parents, Indian custodians,
and tribe to intervene in the proceeding.
   (ii) The right of the child's parents, Indian custodians, and
tribe to petition the court to transfer the proceeding to the tribal
court of the Indian child's tribe, absent objection by either parent
and subject to declination by the tribal court.
   (iii) The right of the child's parents, Indian custodians, and
tribe to, upon request, be granted up to an additional 20 days from
the receipt of the notice to prepare for the proceeding.
   (iv)  The potential legal consequences of the proceedings on the
future custodial rights of the child's parents or Indian custodians.

   (v)  That if the parents or Indian custodians are unable to afford
counsel, counsel will be appointed to represent the parents or
Indian custodians pursuant to Section 1912 of the Indian Child
Welfare Act (25 U.S.C. Sec.  1901 et seq.).
   (vi)  That the information contained in the notice, petition,
pleading, and other court documents is confidential, so any person or
entity notified shall maintain the confidentiality of the
information contained in the notice concerning the particular
proceeding and not reveal it to anyone who does not need the
information in order to exercise the tribe's rights under the Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
   (c) Notice shall be sent whenever it is known or there is reason
to know that an Indian child is involved, and for every hearing
thereafter, including, but not limited to, the hearing at which a
final adoption order is to be granted. After a tribe acknowledges
that the child is a member or eligible for membership in that tribe,
or after the Indian child's tribe intervenes in a proceeding, the
information set out in subparagraphs (C), (D), (E), and (G) of
paragraph (5) of subdivision (b) need not be included with the
notice.
   (d) Proof of the notice, including copies of notices sent and all
return receipts and responses received, shall be filed with the court
in advance of the hearing except as permitted under subdivision (e).

   (e) No proceeding shall be held until at least 10 days after
receipt of notice by the parent, Indian custodian, the tribe, or the
Bureau of Indian Affairs. The parent, Indian custodian, or the tribe
shall, upon request, be granted up to 20 additional days to prepare
for the proceeding. Nothing herein shall be construed as limiting the
rights of the parent, Indian custodian, or tribe to 10 days' notice
if a lengthier notice period is required under this code.
   (f) With respect to giving notice to Indian tribes, a party shall
be subject to court sanctions if that person knowingly and willfully
falsifies or conceals a material fact concerning whether the child is
an Indian child, or counsels a party to do so.
   (g) The inclusion of contact information of any adult or child
that would otherwise be required to be included in the notification
pursuant to this section, shall not be required if that person is at
risk of harm as a result of domestic violence, child abuse, sexual
abuse, or stalking.
   185. (a) In a custody proceeding involving a child who would
otherwise be an Indian child based on the definition contained in
paragraph (4) of Section 1903 of the federal Indian Child Welfare Act
(25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on
status of the child's tribe, as defined in paragraph (8) of Section
1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), the court may permit the tribe from which the child is
descended to participate in the proceeding upon request of the tribe.

   (b) If the court permits a tribe to participate in a proceeding,
the tribe may do all of the following, upon consent of the court:
   (1) Be present at the hearing.
   (2) Address the court.
   (3) Request and receive notice of hearings.
   (4) Request to examine court documents relating to the proceeding.

   (5) Present information to the court that is relevant to the
proceeding.
   (6) Submit written reports and recommendations to the court.
   (7) Perform other duties and responsibilities as requested or
approved by the court.
   (c) If more than one tribe requests to participate in a proceeding
under subdivision (a), the court may limit participation to the
tribe with which the child has the most significant contacts, as
determined in accordance with paragraph (2) of subdivision (d) of
Section 170.
   (d) This section is intended to assist the court in making
decisions that are in the best interest of the child by permitting a
tribe in the circumstances set out in subdivision (a) to inform the
court and parties to the proceeding about placement options for the
child within the child's extended family or the tribal community,
services and programs available to the child and the child's parents
as Indians, and other unique interests the child or the child's
parents may have as Indians. This section shall not be construed to
make the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or
any state law implementing the Indian Child Welfare Act, applicable
to the proceedings, or to limit the court's discretion to permit
other interested persons to participate in these or any other
proceedings.
   (e) This section shall only apply to proceedings involving an
Indian child.
  SEC. 2.  Section 3041 of the Family Code is amended to read:
   3041.  (a) Before making an order granting custody to a person or
persons other than a parent, over the objection of a parent, the
court shall make a finding that granting custody to a parent would be
detrimental to the child and that granting custody to the nonparent
is required to serve the best interest of the child. Allegations that
parental custody would be detrimental to the child, other than a
statement of that ultimate fact, shall not appear in the pleadings.
The court may, in its discretion, exclude the public from the hearing
on this issue.
   (b) Subject to subdivision (d), a finding that parental custody
would be detrimental to the child shall be supported by clear and
convincing evidence.
   (c) As used in this section, "detriment to the child" includes the
harm of removal from a stable placement of a child with a person who
has assumed, on a day-to-day basis, the role of his or her parent,
fulfilling both the child's physical needs and the child's
psychological needs for care and affection, and who has assumed that
role for a substantial period of time. A finding of detriment does
not require any finding of unfitness of the parents.
   (d) Notwithstanding subdivision (b), if the court finds by a
preponderance of the evidence that the person to whom custody may be
given is a person described in subdivision (c), this finding shall
constitute a finding that the custody is in the best interest of the
child and that parental custody would be detrimental to the child
absent a showing by a preponderance of the evidence to the contrary.

   (e) Notwithstanding subdivisions (a) to (d), inclusive, if the
child is an Indian child, when an allegation is made that parental
custody would be detrimental to the child, before making an order
granting custody to a person or persons other than a parent, over the
objection of a parent, the court shall apply the evidentiary
standards described in subdivisions (d), (e), and (f) of Section 1912
of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and
Sections 224.6 and 361.7 of the Welfare and Institutions Code and the
placement preferences and standards set out in Section 361.31 of the
Welfare and Institutions Code and Section 1922 of the Indian Child
Welfare Act (25 U.S.C. Sec.  1901 et seq.).
  SEC. 3.  Section 7810 of the Family Code is repealed.
  SEC. 4.  Section 7821 of the Family Code is amended to read:
   7821.  A finding pursuant to this chapter shall be supported by
clear and convincing evidence, except as otherwise provided.
  SEC. 5.  Section 7822 of the Family Code is amended to read:
   7822.  (a) A proceeding under this part may be brought where the
child has been left without provision for the child's identification
by the child's parent or parents or by others or has been left by
both parents or the sole parent in the care and custody of another
for a period of six months or by one parent in the care and custody
of the other parent for a period of one year without any provision
for the child's support, or without communication from the parent or
parents, with the intent on the part of the parent or parents to
abandon the child.
   (b) The failure to provide identification, failure to provide
support, or failure to communicate is presumptive evidence of the
intent to abandon. If the parent or parents have made only token
efforts to support or communicate with the child, the court may
declare the child abandoned by the parent or parents.
   (c) If the child has been left without provision for the child's
identification and the whereabouts of the parents are unknown, a
petition may be filed after the 120th day following the discovery of
the child and citation by publication may be commenced. The petition
may not be heard until after the 180th day following the discovery of
the child.
   (d) If the parent has placed the child for adoption and has not
refused to give the required consent to adoption, evidence of the
adoptive placement shall not in itself preclude the court from
finding an intent on the part of that parent to abandon the child. If
the parent has placed the child for adoption and has refused to give
the required consent to adoption but has not taken reasonable action
to obtain custody of the child, evidence of the adoptive placement
shall not in itself preclude the court from finding an intent on the
part of that parent to abandon the child.
   (e) Notwithstanding subdivisions (a), (b), (c), and (d), if the
parent of an Indian child has transferred physical care, custody and
control of the child to an Indian custodian, that action shall not be
deemed to constitute an abandonment of the child, unless the parent
manifests the intent to abandon the child by either of the following:

   (1) Failing to resume physical care, custody, and control of the
child upon the request of the Indian custodian provided that if the
Indian custodian is unable to make a request because the parent has
failed to keep the Indian custodian apprised of his or her
whereabouts and the Indian custodian has made reasonable efforts to
determine the whereabouts of the parent without success, there may be
evidence of intent to abandon.
   (2) Failing to substantially comply with any obligations assumed
by the parent in his or her agreement with the Indian custodian
despite the Indian custodian's objection to the noncompliance.
  SEC. 6.  Section 7892.5 is added to the Family Code, to read:
   7892.5.  The court shall not declare an Indian child free from the
custody or control of a parent, unless both of the following apply:

   (a) The court finds, supported by clear and convincing evidence,
that active efforts were made in accordance with Section 361.7 of the
Welfare and Institutions Code.
   (b) The court finds, supported by evidence beyond a reasonable
doubt, including testimony of one or more "qualified expert witnesses"
as described in Section 224.5 of the Welfare and Institutions Code,
that the continued custody of the child by the parent is likely to
result in serious emotional or physical damage to the child.
   (c) This section shall only apply to proceedings involving an
Indian child.
  SEC. 7.  Section 7907.3 is added to the Family Code, to read:
   7907.3.  The Interstate Compact on the Placement of Children shall
not apply to any placement, sending, or bringing of an Indian child
into another state pursuant to a transfer of jurisdiction to a tribal
court under Section 1911 of the Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.).
  SEC. 8.  Section 8606.5 is added to the Family Code, to read:
   8606.5.  (a) Notwithstanding any other section in this part, and
in accordance with Section 1913 of the Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), consent to adoption given by an Indian
child's parent is not valid unless both of the following occur:
   (1) The consent is executed in writing at least 10 days after the
child's birth and recorded before a judge.
   (2) The judge certifies that the terms and consequences of the
consent were fully explained in detail in English and were fully
understood by the parent or that they were interpreted into a
language that the parent understood.
   (b) The parent of an Indian child may withdraw his or her consent
to adoption for any reason at any time prior to the entry of a final
decree of adoption and the child shall be returned to the parent.
   (c) After the entry of a final decree of adoption of an Indian
child, the Indian child's parent may withdraw consent to the adoption
upon the grounds that consent was obtained through fraud or duress
and may petition the court to vacate such decree. Upon a finding that
such consent was obtained through fraud or duress, the court shall
vacate such decree and return the child to the parent, provided that
no adoption that has been effective for at least 2 years may be
invalidated unless otherwise permitted under state law.
  SEC. 9.  Section 8616.5 of the Family Code is amended to read:
   8616.5.  (a) The Legislature finds and declares that some adoptive
children may benefit from either direct or indirect contact with
birth relatives, including the birth parent or parents or an Indian
tribe, after being adopted.  Postadoption contact agreements are
intended to ensure children of an achievable level of continuing
contact when contact is beneficial to the children and the agreements
are voluntarily entered into by birth relatives, including the birth
parent or parents or an Indian tribe, and adoptive parents. Nothing
in this section requires all of the listed parties to participate in
the development of a postadoption contact agreement in order for the
agreement to be entered into.
   (b) (1) Nothing in the adoption laws of this state shall be
construed to prevent the adopting parent or parents, the birth
relatives, including the birth parent or parents or an Indian tribe,
and the child from voluntarily entering into a written agreement to
permit continuing contact between the birth relatives, including the
birth parent or parents or an Indian tribe, and the child if the
agreement is found by the court to have been entered into voluntarily
and to be in the best interests of the child at the time the
adoption petition is granted.
   (2) Except as provided in paragraph (3), the terms of any
postadoption contact agreement executed under this section shall be
limited to, but need not include, all of the following:
   (A) Provisions for visitation between the child and a birth parent
or parents and other birth relatives, including siblings, and the
child's Indian tribe if the case is governed by the Indian Child
Welfare Act (25 U.S.C.  Sec. 1901 et seq.).
   (B) Provisions for future contact between a birth parent or
parents or other birth relatives, including siblings, or both, and
the child or an adoptive parent, or both, and in cases governed by
the Indian Child Welfare Act, the child's Indian tribe.
   (C) Provisions for the sharing of information about the child in
the future.
   (3) The terms of any postadoption contact agreement shall be
limited to the sharing of information about the child, unless the
child has an existing relationship with the birth relative.
   (c) At the time an adoption decree is entered pursuant to a
petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000,
the court entering the decree may grant postadoption privileges if
an agreement for those privileges has been entered into, including
agreements entered into pursuant to subdivision (f) of Section 8620.
The hearing to grant the adoption petition and issue an order of
adoption may be continued as necessary to permit parties who are in
the process of negotiating a postadoption agreement to reach a final
agreement.
   (d) The child who is the subject of the adoption petition shall be
considered a party to the postadoption contact agreement. The
written consent to the terms and conditions of the postadoption
contact agreement and any subsequent modifications of the agreement
by a child who is 12 years of age or older is a necessary condition
to the granting of privileges regarding visitation, contact, or
sharing of information about the child, unless the court finds by a
preponderance of the evidence that the agreement, as written, is in
the best interests of the child. Any child who has been found to come
within Section 300 of the Welfare and Institutions Code or who is
the subject of a petition for
            jurisdiction of the juvenile court under Section 300 of
the Welfare and Institutions Code shall be represented by an attorney
for purposes of consent to the postadoption contact agreement.
   (e) A postadoption contact agreement shall contain the following
warnings in bold type:
   (1) After the adoption petition has been granted by the court, the
adoption cannot be set aside due to the failure of an adopting
parent, a birth parent, a birth relative, an Indian tribe, or the
child to follow the terms of this agreement or a later change to this
agreement.
   (2) A disagreement between the parties or litigation brought to
enforce or modify the agreement shall not affect the validity of the
adoption and shall not serve as a basis for orders affecting the
custody of the child.
   (3) A court will not act on a petition to change or enforce this
agreement unless the petitioner has participated, or attempted to
participate, in good faith in mediation or other appropriate dispute
resolution proceedings to resolve the dispute.
   (f) Upon the granting of the adoption petition and the issuing of
the order of adoption of a child who is a dependent of the juvenile
court, juvenile court dependency jurisdiction shall be terminated.
Enforcement of the postadoption contact agreement shall be under the
continuing jurisdiction of the court granting the petition of
adoption. The court may not order compliance with the agreement
absent a finding that the party seeking the enforcement participated,
or attempted to participate, in good faith in mediation or other
appropriate dispute resolution proceedings regarding the conflict,
prior to the filing of the enforcement action, and that the
enforcement is in the best interests of the child. Documentary
evidence or offers of proof may serve as the basis for the court's
decision regarding enforcement. No testimony or evidentiary hearing
shall be required. The court shall not order further investigation or
evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interests of
the child may be protected or advanced only by that inquiry and that
the inquiry will not disturb the stability of the child's home to the
detriment of the child.
   (g) The court may not award monetary damages as a result of the
filing of the civil action pursuant to subdivision (e) of this
section.
   (h) A postadoption contact agreement may be modified or terminated
only if either of the following occurs:
   (1) All parties, including the child if the child is 12 years of
age or older at the time of the requested termination or
modification, have signed a modified postadoption contact agreement
and the agreement is filed with the court that granted the petition
of adoption.
   (2) The court finds all of the following:
   (A) The termination or modification is necessary to serve the best
interests of the child.
   (B) There has been a substantial change of circumstances since the
original agreement was executed and approved by the court.
   (C) The party seeking the termination or modification has
participated, or attempted to participate, in good faith in mediation
or other appropriate dispute resolution proceedings prior to seeking
court approval of the proposed termination or modification.
   Documentary evidence or offers of proof may serve as the basis for
the court's decision. No testimony or evidentiary hearing shall be
required. The court shall not order further investigation or
evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interests of
the child may be protected or advanced only by that inquiry and that
the inquiry will not disturb the stability of the child's home to the
detriment of the child.
   (i) All costs and fees of mediation or other appropriate dispute
resolution proceedings shall be borne by each party, excluding the
child. All costs and fees of litigation shall be borne by the party
filing the action to modify or enforce the agreement when no party
has been found by the court as failing to comply with an existing
postadoption contact agreement. Otherwise, a party, other than the
child, found by the court as failing to comply without good cause
with an existing agreement shall bear all the costs and fees of
litigation.
   (j) The Judicial Council shall adopt rules of court and forms for
motions to enforce, terminate, or modify postadoption contact
agreements.
   (k) The court may not set aside a decree of adoption, rescind a
relinquishment, or modify an order to terminate parental rights or
any other prior court order because of the failure of a birth parent,
adoptive parent, birth relative, an Indian tribe, or the child to
comply with any or all of the original terms of, or subsequent
modifications to, the postadoption contact agreement, except as
follows:
   (1) Prior to issuing the order of adoption, in an adoption
involving an Indian child, the court may, upon a petition of the
birth parent, birth relative, or an Indian tribe, order the parties
to engage in family mediation services for the purpose of reaching a
postadoption contact agreement if the prospective adoptive parent
fails to negotiate in good faith to enter into a postadoption contact
agreement, after having agreed to enter into negotiations, provided
that the failure of the parties to reach an agreement is not in and
of itself proof of bad faith.
   (2) Prior to issuing the order of adoption, if the parties fail to
negotiate in good faith to enter into a postadoption contact
agreement during the negotiations entered into pursuant to and in
accordance with paragraph (1), the court may modify prior orders or
issue new orders as necessary to ensure the best interest of the
Indian child is met, including, but not limited to, requiring parties
to engage in further family mediation services for the purpose of
reaching a postadoption contact agreement, initiating guardianship
proceeding in lieu of adoption, or authorizing a change of adoptive
placement for the child.
  SEC. 10.  Section 8619.5 is added to the Family Code, to read:
   8619.5.  Whenever a final decree of adoption of an Indian child
has been vacated or set aside or the adoptive parent voluntary
consents to termination of his or her parental rights to the child, a
biological parent or prior Indian custodian may petition for return
of custody and the court shall grant that petition unless there is a
showing, in a proceeding subject to the provisions of Section 1912 of
the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), that the
return of custody is not in the best interest of the child.
  SEC. 11.  Section 8620 of the Family Code is amended to read:
   8620.  (a) (1) If a parent is seeking to relinquish a child
pursuant to Section 8700 or execute an adoption placement agreement
pursuant to Section 8801.3, the department, licensed adoption agency,
or adoption service provider, as applicable, shall ask the child and
the child's parent or custodian whether the child is, or may be, a
member of, or eligible for membership in an Indian tribe or whether
the child has been identified as a member of an Indian organization.
The department, licensed adoption agency, or adoption service
provider, as applicable, shall complete the forms provided for this
purpose by the department and shall make this completed form a part
of the file.
   (2) If there is any oral or written information that indicates
that the child is, or may be, an Indian child, the department,
licensed adoption agency, or adoption service provider, as
applicable, shall obtain the following information:
   (A) The name of the child involved, and the actual date and place
of birth of the child.
   (B) The name, address, date of birth, and tribal affiliation of
the birth parents, maternal and paternal grandparents, and maternal
and paternal great-grandparents of the child.
   (C) The name and address of extended family members of the child
who have a tribal affiliation.
   (D) The name and address of the Indian tribes or Indian
organizations of which the child is, or may be, a member.
   (E) A statement of the reasons why the child is, or may be, an
Indian.
   (3) (A) The department, licensed adoption agency, or adoption
service provider, as applicable, shall send a notice, which shall
include information obtained pursuant to paragraph (2) and a request
for confirmation of the child's Indian status, to any parent and any
custodian of the child, and to any Indian tribe of which the child
is, or may be, a member or eligible for membership. If any of the
information required under paragraph (2) cannot be obtained, the
notice shall indicate that fact.
   (B) The notice sent pursuant to subparagraph (A) shall describe
the nature of the proceeding and advise the recipient of the Indian
tribe's right to intervene in the proceeding on its own behalf or on
behalf of a tribal member relative of the child.
   (b) The department shall adopt regulations to ensure that if a
child who is being voluntarily relinquished for adoption, pursuant to
Section 8700, is an Indian child, the parent of the child shall be
advised of his or her right to withdraw his or her consent and
thereby rescind the relinquishment of an Indian child for any reason
at any time prior to entry of a final decree of termination of
parental rights or adoption, pursuant to Section 1913 of Title 25 of
the United States Code.
   (c) If a child who is the subject of an adoption proceeding after
being relinquished for adoption pursuant to Section 8700, is an
Indian child, the child's Indian tribe may intervene in that
proceeding on behalf of a tribal member relative of the child.
   (d) Any notice sent under this section shall comply with Section
180.
   (e) If all prior notices required by this section have been
provided to an Indian tribe, the Indian tribe receiving those prior
notices is encouraged to provide notice to the department and to the
licensed adoption agency or adoption service provider, not later than
five calendar days prior to the date of the hearing to determine
whether or not the final adoption order is to be granted, indicating
whether or not it intends to intervene in the proceeding required by
this section, either on its own behalf or on behalf of a tribal
member who is a relative of the child.
   (f) The Legislature finds and declares that some adoptive children
may benefit from either direct or indirect contact with an Indian
tribe. Nothing in the adoption laws of this state shall be construed
to prevent the adopting parent or parents, the birth relatives,
including the birth parent or parents, an Indian tribe, and the
child, from voluntarily entering into a written agreement to permit
continuing contact between the Indian tribe and the child, if the
agreement is found by the court to have been entered into voluntarily
and to be in the best interest of the child at the time the adoption
petition is granted.
   (g) With respect to giving notice to Indian tribes in the case of
voluntary placements of Indian children pursuant to this section, a
person, other than a birth parent of the child, shall be subject to a
civil penalty if that person knowingly and willfully:
   (1) Falsifies, conceals, or covers up by any trick, scheme, or
device, a material fact concerning whether the child is an Indian
child or the parent is an Indian.
   (2) Makes any false, fictitious, or fraudulent statement,
omission, or representation.
   (3) Falsifies a written document knowing that the document
contains a false, fictitious, or fraudulent statement or entry
relating to a material fact.
   (4) Assists any person in physically removing a child from the
State of California in order to obstruct the application of
notification.
   (h) Civil penalties for a violation of subdivision (g) by a person
other than a birth parent of the child are as follows:
   (1) For the initial violation, a person shall be fined not more
than ten thousand dollars ($10,000).
   (2) For any subsequent violation, a person shall be fined not more
than twenty thousand dollars ($20,000).
  SEC. 12.  Section 8710 of the Family Code is amended to read:
   8710.  (a) If a child is being considered for adoption, the
department or licensed adoption agency shall first consider adoptive
placement in the home of a relative or, in the case of an Indian
child, according to the placement preferences and standards set out
in subdivisions (c), (d), (e), (f), (g), (h), and (i) of Section
361.31 of the Welfare and Institutions Code. However, if a relative
is not available, if placement with an available relative is not in
the child's best interest, or if placement would permanently separate
the child from other siblings who are being considered for adoption
or who are in foster care and an alternative placement would not
require the permanent separation, the foster parent or parents of the
child shall be considered with respect to the child along with all
other prospective adoptive parents where all of the following
conditions are present:
   (1) The child has been in foster care with the foster parent or
parents for a period of more than four months.
   (2) The child has substantial emotional ties to the foster parent
or parents.
   (3) The child's removal from the foster home would be seriously
detrimental to the child's well-being.
   (4) The foster parent or parents have made a written request to be
considered to adopt the child.
   (b) In the case of an Indian child whose foster parent or parents
or other prospective adoptive parents do not fall within the
placement preferences established in subdivision (c) or (d) of
Section 361.31 of the Welfare and Institutions Code, the foster
parent or parents or other prospective adoptive parents shall only be
considered if the court finds, supported by clear and convincing
evidence, that good cause exists to deviate from these placement
preferences.
   (c) This section does not apply to a child who has been adjudged a
dependent of the juvenile court pursuant to Section 300 of the
Welfare and Institutions Code.
  SEC. 13.  Section 9208 is added to the Family Code, to read:
   9208.  (a) The clerk of the superior court entering a final order
of adoption concerning an Indian child shall provide the Secretary of
the Interior or his or her designee with a copy of the order within
30 days of the date of the order, together with any information
necessary to show the following:
   (1) The name and tribal affiliation of the child.
   (2) The names and addresses of the biological parents.
   (3) The names and addresses of the adoptive parents.
   (4) The identity of any agency having files or information
relating to that adoptive placement.
   (b) If the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the court
shall include that affidavit with the other information.
  SEC. 14.  Section 9209 is added to the Family Code, to read:
   9209.  (a) Upon application by an Indian individual who has
reached the age of 18 years and who was the subject of an adoptive
placement, the court which entered the final decree of adoption shall
inform that individual of the tribal affiliation, if any, of the
individual's biological parents and provide any other information as
may be necessary to protect any rights flowing from the individual's
tribal relationship, including, but not limited to, tribal membership
rights or eligibility for federal or tribal programs or services
available to Indians.
   (b) If the court records contain an affidavit of the biological
parent or parents that their identity remain confidential, the court
shall inform the individual that the Secretary of the Interior may,
upon request, certify to the individual's tribe that the individual's
parentage and other circumstances of birth entitle the individual to
membership under the criteria established by the tribe.
  SEC. 15.  Section 9210 of the Family Code is amended to read:
   9210.  (a) Except as otherwise provided in subdivisions (b) and
(c), a court of this state has jurisdiction over a proceeding for the
adoption of a minor commenced under this part if any of the
following applies:
   (1) Immediately before commencement of the proceeding, the minor
lived in this state with a parent, a guardian, a prospective adoptive
parent, or another person acting as parent, for at least six
consecutive months, excluding periods of temporary absence, or, in
the case of a minor under six months of age, lived in this state with
any of those individuals from soon after birth and there is
available in this state substantial evidence concerning the minor's
present or future care.
   (2) Immediately before commencement of the proceeding, the
prospective adoptive parent lived in this state for at least six
consecutive months, excluding periods of temporary absence, and there
is available in this state substantial evidence concerning the minor'
s present or future care.
   (3) The agency that placed the minor for adoption is located in
this state and both of the following apply:
   (A) The minor and the minor's parents, or the minor and the
prospective adoptive parent, have a significant connection with this
state.
   (B) There is available in this state substantial evidence
concerning the minor's present or future care.
   (4) The minor and the prospective adoptive parent are physically
present in this state and the minor has been abandoned or it is
necessary in an emergency to protect the minor because the minor has
been subjected to or threatened with mistreatment or abuse or is
otherwise neglected.
   (5) It appears that no other state would have jurisdiction under
requirements substantially in accordance with paragraphs (1) to (4),
inclusive, or another state has declined to exercise jurisdiction on
the ground that this state is the more appropriate forum to hear a
petition for adoption of the minor, and there is available in this
state substantial evidence concerning the minor's present or future
care.
   (b) A court of this state may not exercise jurisdiction over a
proceeding for adoption of a minor if at the time the petition for
adoption is filed a proceeding concerning the custody or adoption of
the minor is pending in a court of another state exercising
jurisdiction substantially in conformity with this part, unless the
proceeding is stayed by the court of the other state because this
state is a more appropriate forum or for another reason.
   (c) If a court of another state has issued a decree or order
concerning the custody of a minor who may be the subject of a
proceeding for adoption in this state, a court of this state may not
exercise jurisdiction over a proceeding for adoption of the minor,
unless both of the following apply:
   (1) The requirements for modifying an order of a court of another
state under this part are met, the court of another state does not
have jurisdiction over a proceeding for adoption substantially in
conformity with paragraphs (1) to (4), inclusive, of subdivision (a),
or the court of another state has declined to assume jurisdiction
over a proceeding for adoption.
   (2) The court of this state has jurisdiction under this section
over the proceeding for adoption.
   (d) For purposes of subdivisions (b) and (c), "a court of another
state" includes, in the case of an Indian child, a tribal court
having and exercising jurisdiction over a custody proceeding
involving the Indian child.
  SEC. 16.  Section 1449 is added to the Probate Code, to read:
   1449.  (a) As used in this division, unless the context otherwise
requires, 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) When 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
(25 U.S.C. Sec. 1901 et seq.).
   (c) "Indian child custody proceeding" means a "child custody
proceeding" within the meaning of Section 1903 of the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.), including a voluntary or
involuntary proceeding that may result in an Indian child's temporary
or long-term foster care or guardianship placement if the parent or
Indian custodian cannot have the child returned upon demand,
termination of parental rights or adoptive placement.
   (d) When 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) The 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 1460.2.
   (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 shall continue to be valid.

  SEC. 17.  Section 1459 is added to the Probate Code, to read:
   1459.   (a) The Legislature finds and declares the following:
    (1) There is no resource that is more vital to the continued
existence and integrity of recognized Indian tribes than their
children, and the State of California has an interest in protecting
Indian children who are members of, or are eligible for membership
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 Indian Child Welfare Act
(25 U.S.C.  Sec. 1901 et seq.) and other applicable law, designed to
prevent the child's involuntary out-of-home placement and, whenever
such placement is necessary or ordered, by placing the child,
whenever possible, in a placement that reflects the unique values of
the child's tribal culture and is best able to assist the child in
establishing, developing, and maintaining a political, cultural, and
social relationship with the child's tribe and tribal community.
   (2) It is in the interest of an Indian child that the child's
membership in the child's Indian tribe and connection to the tribal
community be encouraged and protected, regardless of whether or not
the child is in the physical custody of an Indian parent or Indian
custodian at the commencement of a child custody proceeding, the
parental rights of the child's parents have been terminated, or where
the child has resided or been domiciled.
   (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, 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
Indian Child Welfare Act.
   (c) A determination by an Indian tribe that an unmarried person,
who is under the age of 18 years, is either (1) a member of an Indian
tribe or (2) eligible for membership in an Indian tribe and a
biological child of a member 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 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
child's tribe, than the rights provided under the Indian Child
Welfare Act, the court shall apply the higher state or federal
standard.
   (e) Any Indian child, the Indian child's 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 Sections 1911, 1912, and
1913 of the Indian Child Welfare Act.
  SEC. 18.  Section 1459.5 is added to the Probate Code, to read:
   1459.5.  (a)  The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.) shall apply to the following guardianship or conservatorship
proceedings under this division when the proposed ward or conservatee
is an Indian child:
   (1) In any case in which the petition is a petition for
guardianship of the person and the proposed guardian is not the
natural parent or Indian custodian of the proposed ward, unless the
proposed guardian has been nominated by the natural parents pursuant
to Section 1500 and the parents retain the right to have custody of
the child returned to them upon demand.
   (2) To a proceeding to have an Indian child declared free from the
custody and control of one or both parents brought in a guardianship
proceeding.
   (3) In any case in which the petition is a petition for
conservatorship of the person of a minor whose marriage has been
dissolved, the proposed
       conservator is seeking physical custody of the minor, the
proposed conservator is not the natural parent or Indian custodian of
the proposed conservatee and the natural parent or Indian custodian
does not retain the right to have custody of the child returned to
them upon demand.
   (b) When the Indian Child Welfare Act applies to a proceeding
under this division, the court shall apply Sections 224.3 to 224.6,
inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and
Institutions Code, and the following rules from the California Rules
of Court, as they read on January 1, 2005:
   (1) Paragraph (7) of subdivision (b) of Rule 1410.
   (2) Subdivision (i) of Rule 1412.
   (c) In the provisions cited in subdivision (b), references to
social workers, probation officers, county welfare department, or
probation department shall be construed as meaning the party seeking
a foster care placement, guardianship, or adoption.
  SEC. 19.  Section 1460.2 is added to the Probate Code, to read:
   1460.2.  (a) If the court or petitioner knows or has reason to
know that the proposed ward or conservatee may be an Indian child,
notice shall comply with subdivision (b) in any case in which the
Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) applies, as
specified in Section 1459.5.
   (b) Any notice sent under this section shall be sent to the minor'
s parent or legal guardian, Indian custodian, if any, and the Indian
child's tribe, and shall comply with all of the following
requirements:
   (1) Notice shall be sent by registered or certified mail with
return receipt requested. Additional notice by first-class mail is
recommended, but not required.
   (2) Notice to the tribe shall be to the tribal chairperson, unless
the tribe has designated another agent for service.
   (3) Notice shall be sent to all tribes of which the child may be a
member or eligible for membership until the court makes a
determination as to which tribe is the Indian child's tribe in
accordance with subdivision (d) of Section 1449, after which notice
need only be sent to the tribe determined to be the Indian child's
tribe.
   (4)  Notice, to the extent required by federal law, shall be sent
to the Secretary of the Interior's designated agent, the Sacramento
Area Director, Bureau of Indian Affairs. If the identity or location
of the Indian child's tribe is known, a copy of the notice shall also
be sent directly to the Secretary of the Interior, unless the
Secretary of the Interior has waived the notice in writing and the
person responsible for giving notice under this section has filed
proof of the waiver with the court.
   (5) The notice shall include all of the following information:
   (A) The name, birthdate, and birthplace of the Indian child, if
known.
   (B) The name of any Indian tribe in which the child is a member or
may be eligible for membership, if known.
   (C) All names known of the Indian child's biological parents,
grandparents and great-grandparents or Indian custodians, including
maiden, married, and former names or aliases, as well as their
current and former addresses, birthdates, places of birth and death,
tribal enrollment numbers, and any other identifying information, if
known.
   (D) A copy of the petition.
   (E) A copy of the child's birth certificate, if available.
   (F) The location, mailing address, and telephone number of the
court and all parties notified pursuant to this section.
   (G) A statement of the following:
   (i) The absolute right of the child's parents, Indian custodians,
and tribe to intervene in the proceeding.
   (ii) The right of the child's parents, Indian custodians, and
tribe to petition the court to transfer the proceeding to the tribal
court of the Indian child's tribe, absent objection by either parent
and subject to declination by the tribal court.
   (iii) The right of the child's parents, Indian custodians, and
tribe to, upon request, be granted up to an additional 20 days from
the receipt of the notice to prepare for the proceeding.
   (iv)  The potential legal consequences of the proceedings on the
future custodial rights of the child's parents or Indian custodians.

   (v)  That if the parents or Indian custodians are unable to afford
counsel, counsel shall be appointed to represent the parents or
Indian custodians pursuant to Section 1912 of the Indian Child
Welfare Act (25 U.S.C. Sec.  1901 et seq.).
   (vi)  That the information contained in the notice, petition,
pleading, and other court documents is confidential, so any person or
entity notified shall maintain the confidentiality of the
information contained in the notice concerning the particular
proceeding and not reveal it to anyone who does not need the
information in order to exercise the tribe's rights under the Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
   (c) Notice shall be sent whenever it is known or there is reason
to know that an Indian child is involved, and for every hearing
thereafter, including, but not limited to, the hearing at which a
final adoption order is to be granted. After a tribe acknowledges
that the child is a member or eligible for membership in the tribe,
or after the Indian child's tribe intervenes in a proceeding, the
information set out in subparagraphs (C), (D), (E), and (G) of
paragraph (5) of subdivision (b) need not be included with the
notice.
   (d) Proof of the notice, including copies of notices sent and all
return receipts and responses received, shall be filed with the court
in advance of the hearing except as permitted under subdivision (e).

   (e) No proceeding shall be held until at least 10 days after
receipt of notice by the parent, Indian custodian, the tribe or the
Bureau of Indian Affairs. The parent, Indian custodian, or the tribe
shall, upon request, be granted up to 20 additional days to prepare
for the proceeding. Nothing herein shall be construed as limiting the
rights of the parent, Indian custodian, or tribe to 10 days' notice
when a lengthier notice period is required by statute.
   (f) With respect to giving notice to Indian tribes, a party shall
be subject to court sanctions if that person knowingly and willfully
falsifies or conceals a material fact concerning whether the child is
an Indian child, or counsels a party to do so.
   (g) The inclusion of contact information of any adult or child
that would otherwise be required to be included in the notification
pursuant to this section, shall not be required if that person is at
risk of harm as a result of domestic violence, child abuse, sexual
abuse, or stalking.
  SEC. 20.  Section 1474 is added to the Probate Code, to read:
   1474.  If an Indian custodian or biological parent of an Indian
child lacks the financial ability to retain counsel and requests the
appointment of counsel in proceedings described in Section 1459.5,
the provisions of subsection (b) of Section 1912 of the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section 23.13 of Title
25 of the Code of Federal Regulations are applicable.
  SEC. 21.  Section 1500.1 is added to the Probate Code, to read:
   1500.1.  (a) Notwithstanding any other section in this part, and
in accordance with Section 1913 of the Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), consent to nomination of a guardian of the
person or of a guardian of the person and the estate given by an
Indian child's parent is not valid unless both of the following
occur:
   (1) The consent is executed in writing at least 10 days after the
child's birth and recorded before a judge.
   (2) The judge certifies that the terms and consequences of the
consent were fully explained in detail in English and were fully
understood by the parent or that they were interpreted into a
language that the parent understood.
   (b) The parent of an Indian child may withdraw his or her consent
to guardianship for any reason at any time prior to the issuance of
letters of guardianship and the child shall be returned to the
parent.
  SEC. 22.  Section 1510 of the Probate Code is amended to read:
   1510.  (a) A relative or other person on behalf of the minor, or
the minor if 12 years of age or older, may file a petition for the
appointment of a guardian of the minor.
   (b) The petition shall request that a guardian of the person or
estate of the minor, or both, be appointed, shall specify the name
and address of the proposed guardian and the name and date of birth
of the proposed ward, and shall state that the appointment is
necessary or convenient.
   (c) The petition shall set forth, so far as is known to the
petitioner, the names and addresses of all of the following:
   (1) The parents of the proposed ward.
   (2) The person having legal custody of the proposed ward and, if
that person does not have the care of the proposed ward, the person
having the care of the proposed ward.
   (3) The relatives of the proposed ward within the second degree.
   (4) In the case of a guardianship of the estate, the spouse of the
proposed ward.
   (5) Any person nominated as guardian for the proposed ward under
Section 1500 or 1501.
   (6) In the case of a guardianship of the person involving an
Indian child, any Indian custodian and the Indian child's tribe.
   (d) If the proposed ward is a patient in or on leave of absence
from a state institution under the jurisdiction of the State
Department of Mental Health or the State Department of Developmental
Services and that fact is known to the petitioner, the petition shall
state that fact and name the institution.
   (e) The petition shall state, so far as is known to the
petitioner, whether or not the proposed ward is receiving or is
entitled to receive benefits from the Veterans Administration and the
estimated amount of the monthly benefit payable by the Veterans
Administration for the proposed ward.
   (f) If the petitioner has knowledge of any pending adoption,
juvenile court, marriage dissolution, domestic relations, custody, or
other similar proceeding affecting the proposed ward, the petition
shall disclose the pending proceeding.
   (g) If the petitioners have accepted or intend to accept physical
care or custody of the child with intent to adopt, whether formed at
the time of placement or formed subsequent to placement, the
petitioners shall so state in the guardianship petition, whether or
not an adoption petition has been filed.
   (h) If the proposed ward is or becomes the subject of an adoption
petition, the court shall order the guardianship petition
consolidated with the adoption petition.
   (i) If the proposed ward is or may be an Indian child, the
petition shall state that fact.
  SEC. 23.  Section 1511 of the Probate Code is amended to read:
   1511.  (a) Except as provided in subdivisions (f) and (g), at
least 15 days before the hearing on the petition for the appointment
of a guardian, notice of the time and place of the hearing shall be
given as provided in subdivisions (b), (c), (d), and (e) of this
section. The notice shall be accompanied by a copy of the petition.
The court may not shorten the time for giving the notice of hearing
under this section.
   (b) Notice shall be served in the manner provided in Section
415.10 or 415.30 of the Code of Civil Procedure, or in any manner
authorized by the court, on all of the following persons:
   (1) The proposed ward if 12 years of age or older.
   (2) Any person having legal custody of the proposed ward, or
serving as guardian of the estate of the proposed ward.
   (3) The parents of the proposed ward.
   (4) Any person nominated as a guardian for the proposed ward under
Section 1500 or 1501.
   (c) Notice shall be given by mail sent to their addresses stated
in the petition, or in any manner authorized by the court, to all of
the following:
   (1) The spouse named in the petition.
   (2) The relatives named in the petition, except that if the
petition is for the appointment of a guardian of the estate only the
court may dispense with the giving of notice to any one or more or
all of the relatives.
   (3) The person having the care of the proposed ward if other than
the person having legal custody of the proposed ward.
   (d) If notice is required by Section 1461 or Section 1542 to be
given to the Director of Mental Health or the Director of
Developmental Services or the Director of Social Services, notice
shall be mailed as so required.
   (e) If the petition states that the proposed ward is receiving or
is entitled to receive benefits from the Veterans Administration,
notice shall be mailed to the office of the Veterans Administration
referred to in Section 1461.5.
   (f) Unless the court orders otherwise, notice shall not be given
to any of the following:
   (1) The parents or other relatives of a proposed ward who has been
relinquished to a licensed adoption agency.
   (2) The parents of a proposed ward who has been judicially
declared free from their custody and control.
   (g) Notice need not be given to any person if the court so orders
upon a determination of either of the following:
   (1) The person cannot with reasonable diligence be given the
notice.
   (2) The giving of the notice would be contrary to the interest of
justice.
   (h) Before the appointment of a guardian is made, proof shall be
made to the court that each person entitled to notice under this
section either:
   (1) Has been given notice as required by this section.
   (2) Has not been given notice as required by this section because
the person cannot with reasonable diligence be given the notice or
because the giving of notice to that person would be contrary to the
interest of justice.
   (i) If notice is required by Section 1460.2 to be given to an
Indian custodian or tribe, notice shall be mailed as so required.
  SEC. 24.  Section 1513 of the Probate Code is amended to read:
   1513.  (a) Unless waived by the court, a court investigator,
probation officer, or domestic relations investigator may make an
investigation and file with the court a report and recommendation
concerning each proposed guardianship of the person or guardianship
of the estate. Investigations where the proposed guardian is a
relative shall be made by a court investigator. Investigations where
the proposed guardian is a nonrelative shall be made by the county
agency designated to investigate potential dependency. The report for
the guardianship of the person shall include, but need not be
limited to, an investigation and discussion of all of the following:

   (1) A social history of the guardian.
   (2) A social history of the proposed ward, including, to the
extent feasible, an assessment of any identified developmental,
emotional, psychological, or educational needs of the proposed ward
and the capability of the petitioner to meet those needs.
   (3) The relationship of the proposed ward to the guardian,
including the duration and character of the relationship, where
applicable, the circumstances whereby physical custody of the
proposed ward was acquired by the guardian, and a statement of the
proposed ward's attitude concerning the proposed guardianship, unless
the statement of the attitude is affected by the proposed ward's
developmental, physical, or emotional condition.
   (4) The anticipated duration of the guardianship and the plans of
both natural parents and the proposed guardian for the stable and
permanent home for the child. The court may waive this requirement
for cases involving relative guardians.
   (b) The report shall be read and considered by the court prior to
ruling on the petition for guardianship, and shall be reflected in
the minutes of the court. The person preparing the report may be
called and examined by any party to the proceeding.
   (c) If the investigation finds that any party to the proposed
guardianship alleges the minor's parent is unfit, as defined by
Section 300 of the Welfare and Institutions Code, the case shall be
referred to the county agency designated to investigate potential
dependencies. Guardianship proceedings shall not be completed until
the investigation required by Sections 328 and 329 of the Welfare and
Institutions Code is completed and a report is provided to the court
in which the guardianship proceeding is pending.
   (d) The report authorized by this section is confidential and
shall only be made available to persons who have been served in the
proceedings or their attorneys. The clerk of the court shall make
provisions for the limitation of the report exclusively to persons
entitled to its receipt.
   (e) For the purpose of writing the report authorized by this
section, the person making the investigation and report shall have
access to the proposed ward's school records, probation records, and
public and private social services records, and to an oral or written
summary of the proposed ward's medical records and psychological
records prepared by any physician, psychologist, or psychiatrist who
made or who is maintaining those records. The physician,
psychologist, or psychiatrist shall be available to clarify
information regarding these records pursuant to the investigator's
responsibility to gather and provide information for the court.
   (f) This section does not apply to guardianships resulting from a
permanency plan for a dependent child pursuant to Section 366.26 of
the Welfare and Institutions Code.
   (g) For purposes of this section, a "relative" means a person who
is a spouse, parent, stepparent, brother, sister, stepbrother,
stepsister, half-brother, half-sister, uncle, aunt, niece, nephew,
first cousin, or any person denoted by the prefix "grand" or "great,"
or the spouse of any of these persons, even after the marriage has
been terminated by death or dissolution.
   (h) In an Indian child custody proceeding, the person making the
investigation and report shall consult with the Indian child's tribe
and include in the report information provided by the tribe.
  SEC. 25.  Section 1516.5 of the Probate Code is amended to read:
   1516.5.  (a) A proceeding to have a child declared free from the
custody and control of one or both parents may be brought in the
guardianship proceeding pursuant to Part 4 (commencing with Section
7800) of Division 12 of the Family Code, if all of the following
requirements are satisfied:
   (1) One or both parents do not have the legal custody of the
child.
   (2) The child has been in the physical custody of the guardian for
a period of not less than two years.
   (3) The court finds that the child would benefit from being
adopted by his or her guardian. In making this determination, the
court shall consider all factors relating to the best interest of the
child, including, but not limited to, the nature and extent of the
relationship between all of the following:
   (A) The child and the birth parent.
   (B) The child and the guardian, including family members of the
guardian.
   (C) The child and any siblings or half-siblings.
   (b) The court shall appoint a court investigator or other
qualified professional to investigate all factors enumerated in
subdivision (a). The findings of the investigator or professional
regarding those issues shall be included in the written report
required pursuant to Section 7851 of the Family Code.
   (c) The rights of the parent, including the rights to notice and
counsel provided in Part 4 (commencing with Section 7800) of Division
12 of the Family Code, shall apply to actions brought pursuant to
this section.
   (d) This section does not apply to any child who is a dependent of
the juvenile court or to any Indian child.
  SEC. 26.  Section 1601 of the Probate Code is amended to read:
   1601.  Upon petition of the guardian, a parent, the ward, or, in
the case of an Indian child custody proceeding, an Indian custodian
or the ward's tribe, the court may make an order terminating the
guardianship if the court determines that it is in the ward's best
interest to terminate the guardianship. Notice of the hearing on the
petition shall be given for the period and in the manner provided in
Chapter 3 (commencing with Section 1460) of Part 1.
  SEC. 27.  Section 2112 of the Probate Code is repealed.
  SEC. 28.  Section 110 is added to the Welfare and Institutions
Code, to read:
   110.  Nothing in this chapter shall be construed as limiting the
right of an Indian tribe or Indian organization to establish or
operate CASA programs independent of state funding or the discretion
of the court to appoint CASAs from those programs in Indian child
custody proceedings.
  SEC. 29.  Section 224 is added to the Welfare and Institutions
Code, 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 of, or are eligible for membership 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 Indian Child Welfare Act (25 U.S.C.
Sec.  1901 et seq.) and other applicable law, designed to prevent
the child's 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 child'
s tribal culture and is best able to assist the child in
establishing, developing, and maintaining a political, cultural, and
social relationship with the child's tribe and tribal community.
   (2) It is in the interest of an Indian child that the child's
membership in the child's 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 a child custody proceeding, the
parental rights of the child's parents have been terminated, or where
the child has resided or been domiciled.
   (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, 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
Indian Child Welfare Act.
   (c) A determination by an Indian tribe that an unmarried person,
who is under the age of 18 years, is either (1) a member of an Indian
tribe or (2) eligible for membership in an Indian tribe and a
biological child of a member 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 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
child's tribe, than the rights provided under the Indian Child
Welfare Act, the court shall apply the higher standard.
   (e) Any Indian child, the Indian child's 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 Sections 1911, 1912, and
1913 of the Indian Child Welfare Act.
  SEC. 30.  Section 224.1 is added to the Welfare and Institutions
Code, to read:
   224.1.  (a) As used in this division, unless the context otherwise
requires, 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 terms "extended family member" and "parent" shall be defined as
provided in Section 1903 of the Indian Child Welfare Act.
   (c) "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.
   (d) 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.
  SEC. 31.  Section 224.2 is added to the Welfare and Institutions
Code, to read:
   224.2.  (a) If the court, a social worker, or probation officer
knows or has reason to know that an Indian child is involved, any
notice sent in an Indian child custody proceeding under this code
shall be sent to the minor's parents or legal guardian, Indian
custodian, if any, and the minor's tribe and comply with all of the
following requirements:
   (1) Notice shall be sent by registered or certified mail with
return receipt requested. Additional notice by first-class mail is
recommended, but not required.
   (2) Notice to the tribe shall be to the tribal chairperson, unless
the tribe has designated another agent for service.
   (3) Notice shall be sent to all tribes of which the child may be a
member or eligible for membership, until the court makes a
determination as to which tribe is the child's tribe in accordance
with subdivision (d) of Section 224.1, after which notice need only
be sent to the tribe determined to be the Indian child's tribe.
   (4)  Notice, to the extent required by federal law, shall be sent
to the Secretary of the Interior's designated agent, the Sacramento
Area Director, Bureau of Indian Affairs. If the identity or location
of the parents, Indian custodians, or the minor's tribe is known, a
copy of the notice shall also be sent directly to the Secretary of
the Interior, unless the Secretary of the Interior has waived the
notice in writing and the person responsible for giving notice under
this section has filed proof of the waiver with the court.
   (5) In addition to the information specified in other sections of
this article, notice shall include all of the following information:

   (A) The name, birthdate, and birthplace of the Indian child, if
known.
   (B) The name of the Indian tribe in which the child is a member or
may be eligible for membership, if known.
   (C) All names known of the Indian child's biological parents,
grandparents, and great-grandparents, or Indian custodians, including
maiden, married and former names or aliases, as well as their
current and former addresses, birthdates, places of birth and death,
tribal enrollment numbers, and any other identifying information, if
known.
   (D) A copy of the petition by which the proceeding was initiated.

   (E) A copy of the child's birth certificate, if available.
   (F) The location, mailing address, and telephone number of the
court and all parties notified pursuant to this section.
   (G) A statement of the following:
   (i) The absolute right of the child's parents, Indian custodians,
and tribe to intervene in the proceeding.
   (ii) The right of the child's parents, Indian custodians, and
tribe to petition the court to transfer the proceeding to the tribal
court of the Indian child's tribe, absent objection by either parent
and subject to declination by the tribal court.
   (iii) The right of the child's parents, Indian custodians, and
tribe to, upon request, be granted up to an additional 20 days from
the receipt of the notice to prepare for the proceeding.
   (iv) The potential legal consequences of the proceedings on the
future custodial and parental rights of the child's parents or Indian
custodians.
   (v) That if the parents or Indian custodians are unable to afford
counsel, counsel will be appointed to represent the parents or Indian
custodians pursuant to Section 1912 of the Indian Child Welfare Act
(25 U.S.C. Sec. 1901 et seq.).
   (vi) That the information contained in the notice, petition,
pleading, and other court documents is confidential, so any person or
entity notified shall maintain the confidentiality of the
information contained in the notice concerning the particular
proceeding and not reveal it to anyone who does not need the
information in order to exercise the tribe's rights under the Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
   (b) Notice shall be sent whenever it is known or there is reason
to know that an Indian child is involved, and for every hearing
thereafter, including, but not limited to, the hearing at which a
final adoption order is to be granted, unless it is determined that
the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not
apply to the case in accordance with Section 224.3. After a tribe
acknowledges that the child is a member or eligible for membership in
that tribe, or after a tribe intervenes in a proceeding, the
information set out in subparagraphs (C), (D), (E), and (G) of
paragraph (5) of subdivision (a) need not be included with the
notice.
   (c) Proof of the notice, including copies of notices sent and all
return receipts and responses received, shall be filed with the court
in advance of the hearing except as permitted under subdivision (d).

   (d) No proceeding shall be held until at least 10 days after
receipt of notice by the parent, Indian custodian, the tribe, or the
Bureau of Indian Affairs, except for the detention hearing, provided
that notice of the detention hearing shall be given as soon as
possible after the filing of the petition initiating the proceeding
and proof of the notice is filed with the court within 10 days after
the filing of the petition. With the exception of the detention
hearing, the parent, Indian custodian, or the tribe shall, upon
request, be granted up to 20 additional days to prepare for that
proceeding. Nothing herein shall be construed as limiting the rights
of the parent, Indian custodian, or tribe to more than 10 days notice
when a lengthier notice period is required by statute.
   (e) With respect to giving notice to Indian tribes, a party shall
be subject to court sanctions if that person knowingly and willfully
falsifies or conceals a material fact concerning whether the child is
an Indian child, or counsels a party to do so.
   (f) The inclusion of contact information of any adult or child
that would otherwise be required to be included in the notification
pursuant to this section, shall not be required if that person is at
risk of harm as a result of domestic violence, child abuse, sexual
abuse, or stalking.
  SEC. 32.  Section 224.3 is added to the Welfare and Institutions
Code, to read:
   224.3.  (a) The court, county welfare department, and the
probation department have an affirmative and continuing duty to
inquire whether a child for whom a petition under Section 300, 601,
or 602 is to be, or has been, filed is or may be an Indian child in
all dependency proceedings and in any juvenile wardship proceedings
if the child is at risk of entering foster care or is in foster care.

   (b) The circumstances that may provide reason to know the child is
an Indian child include, but are not limited to, the following:
   (1) A person having an interest in the child, including the child,
an officer of the court, a tribe, an Indian organization, a public
or private agency, or a member of the child's extended family
provides information suggesting the child is a member of a tribe or
eligible for membership in a tribe or one or more of the child's
biological parents, grandparents, or great-grandparents are or were a
member of a tribe.
   (2) The residence or domicile of the child, the child's parents,
or Indian custodian is in a predominantly Indian community.
    (3) The child or the child's family has received services or
benefits from a tribe or services that are available to Indians from
tribes or the federal government, such as the Indian Health Service.

   (c) If the court, social worker, or probation officer knows or has
reason to know that an Indian child is involved, the social worker
or probation officer is required to make further inquiry regarding
the possible Indian status of the child, and to do so as soon as
practicable, by interviewing the parents, Indian custodian, and
extended family members to gather the information required in
paragraph (5) of subdivision (a) of Section 224.2, contacting the
Bureau of Indian Affairs and the State Department of Social Services
for assistance in identifying the names and contact information of
the tribes in which the child may be a member or eligible for
membership in and contacting the tribes and any other person that
reasonably can be expected to have information regarding the child's
membership status or eligibility.
   (d) If the court, social worker, or probation officer knows or has
reason to know that an Indian child is involved, the social worker
or probation officer shall provide notice in accordance with
paragraph (5) of subdivision (a) of Section 224.2.
   (e) (1) A determination by an Indian tribe that a child is or is
not a member of or eligible for membership in that tribe, or
testimony attesting to that status by a person authorized by the
tribe to provide that determination, shall be conclusive. Information
that the child is not enrolled or eligible for enrollment in the
tribe is not determinative of the child's membership status unless
the tribe also confirms in writing that enrollment is a prerequisite
for membership under tribal law or custom.
   (2) In the absence of a contrary determination by the tribe, a
determination by the Bureau of Indian Affairs that a child is or is
not a member of or eligible for membership in that tribe is
conclusive.
   (3) If proper and adequate notice has been provided pursuant to
Section 224.2, and neither a tribe nor the Bureau of Indian Affairs
has provided a determinative response within 60 days after receiving
that notice, the court may determine that the Indian Child Welfare
Act (25 U.S.C. Sec. 1901 et seq.) does not apply to the proceedings,
provided that the court shall reverse its determination of the
inapplicability of the Indian Child Welfare Act and apply the act
prospectively if a tribe or the Bureau of Indian Affairs subsequently
confirms that the child is an Indian child.
   (f) Notwithstanding a determination that the Indian Child Welfare
Act does not apply to the proceedings made in accordance with
subdivision (e), if the court, social worker, or probation officer
subsequently receives any information required under paragraph (5) of
subdivision (a) of Section 224.2 that was not previously available
or included in the notice issued under Section 224.2, the social
worker or probation officer shall provide the additional information
to any tribes entitled to notice under paragraph (3) of subdivision
(a) of Section 224.2 and the Bureau of Indian Affairs.
  SEC. 33.  Section 224.4 is added to the Welfare and Institutions
Code, to read:
   224.4.  The Indian child's tribe and Indian custodian have the
right to intervene at any point in an Indian child custody
proceeding.
  SEC. 34.  Section 224.5 is added to the Welfare and Institutions
Code, to read:
   224.5.  In an Indian child custody proceeding, the court shall
give full faith and credit to the public acts, records, judicial
proceedings, and judgments of any Indian tribe applicable to the
proceeding to the same extent that such entities give full faith and
credit to the public acts, records, judicial proceedings, and
judgments of any other entity.
  SEC. 35.  Section 224.6 is added to the Welfare and Institutions
Code, to read:
   224.6.  (a) When testimony of a "qualified expert witness" is
required in an Indian child custody proceeding, a "qualified expert
witness" may include, but is not limited to, a social worker,
sociologist, physician, psychologist, traditional tribal therapist
and healer, tribal spiritual leader, tribal historian, or tribal
elder, provided the individual is not an employee of the person or
agency recommending foster care placement or termination of parental
rights.
   (b) In considering whether to involuntarily place an Indian child
in foster care or to terminate the parental rights of the parent of
an Indian child, the court shall:
   (1) Require that a qualified expert witness testify regarding
whether continued custody of the child by the parent or Indian
custodian is likely to result in serious emotional or physical damage
to the child.
   (2) Consider evidence concerning the prevailing social and
cultural standards of the Indian child's tribe, including that tribe'
s family organization and child-rearing practices.
   (c) Persons with the following characteristics are most likely to
meet the requirements for a qualified expert witness for purposes of
Indian child custody proceedings:
   (1) A member of the Indian child's tribe who is recognized by the
tribal community as knowledgeable in tribal customs as they pertain
to family organization and childrearing practices.
   (2) Any expert witness having substantial experience in the
delivery of child and family services to Indians, and extensive
knowledge of prevailing social and cultural standards and
childrearing practices within the Indian child's tribe.
   (3) A professional person having substantial education and
experience in the area of his or her specialty.
   (d) The court or any party may request the assistance of the
Indian child's tribe or Bureau of Indian Affairs agency serving the
Indian child's tribe in locating persons qualified to serve as expert
witnesses.
   (e) The court may accept a declaration or affidavit from a
qualified expert witness in lieu of testimony only if the parties
have so stipulated in writing and the court is satisfied the
stipulation is made knowingly, intelligently, and voluntarily.
  SEC. 36.  Section 290.1 of the Welfare and Institutions Code is
amended to read:
   290.1.  If the probation officer or social worker determines that
the child shall be retained in custody, he or she shall immediately
file a petition pursuant to Section 332 with the clerk of the
juvenile court, who shall set the matter for hearing on the detention
hearing calendar. The probation officer or social worker shall serve
notice as prescribed in this section.
   (a) Notice shall be given to the following persons whose
whereabouts are known or become known prior to the initial petition
hearing:
   (1) The mother.
   (2) The father or fathers, presumed and alleged.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) If there is no parent or guardian residing in California, or
if the residence is unknown, then to any adult relative residing
within the county or if none, the adult relative residing nearest the
court.
   (7) The attorney for the parent or parents, or legal guardian or
guardians.
   (8) The district attorney, if the district attorney has notified
the clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.
   (9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice shall be given as soon as possible after the filing
of the petition.
   (d) The notice of the initial petition hearing shall include all
of the following:
   (1) The date, time, and place of the hearing.
   (2) The name of the child.
   (3) A copy of the petition.
   (e) Service of the notice shall be written or oral. If the person
being served cannot read, notice shall be given orally.
   (f) If the probation officer or social worker knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
  SEC. 37.  Section 290.2 of the Welfare and Institutions Code is
amended to read:
   290.2.  Upon the filing of a petition by a probation officer or
social worker, the clerk of the juvenile court shall issue notice, to
which shall be attached a copy of the petition, and he or she shall
cause the same to be served as prescribed in this section.
   (a) Notice shall be given to the following persons whose address
is known or becomes known prior to the initial petition hearing:
   (1) The mother.
   (2) The father or fathers, presumed and alleged.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) If there is no parent or guardian residing in California, or
if the residence is unknown, to any adult relative residing within
the county or if none, the adult relative residing nearest the court.

   (7) Upon reasonable notification by counsel representing the
child, parent, or guardian, the clerk of the court shall give notice
to that counsel as soon as possible.
   (8) The district attorney, if the district attorney has notified
the clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.
   (9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) Notice shall be served as follows:
   (1) If the child is retained in custody, the notice shall be given
to the persons required to be noticed as soon as possible, and at
least five days before the hearing, unless the hearing is set to be
heard in less than five days in which case notice shall be given at
least 24 hours prior to the hearing.
   (2) If the child is not retained in custody, the notice shall be
given to those persons required to be noticed at least 10 days prior
to the date of the hearing. If any person who is required to be given
notice is known to reside outside of the county, the clerk of the
juvenile court shall mail the notice and copy of the petition by
first-class mail, to that person as soon as possible after the filing
of the petition and at least 10 days before the time set for
hearing. Failure to respond to the notice is not cause for an arrest
or detention. In the instance of a failure to appear after notice by
first-class mail, the court shall direct that the notice and copy of
the petition be personally served on all persons required to receive
the notice and copy of the petition. For these purposes, personal
service of the notice and copy of the petition outside of the county
at least 10 days before the time set for hearing is equivalent to
service by first-class mail. Service may be waived by any person by a
voluntary appearance entered in the minutes of the court or by a
written waiver of service filed with the clerk of the court at, or
prior to, the hearing.
   (d) The notice of the initial petition hearing shall include all
of the following:
   (1) The date, time, and place of the hearing.
   (2) The name of the child.
   (3) A copy of the petition.
   (e) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

  SEC. 38.  Section 291 of the Welfare and Institutions Code is
amended to read:
   291.  After the initial petition hearing, the clerk of the court
shall cause the notice to be served in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The father or fathers, presumed and alleged.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) Each attorney of record unless counsel of record is present in
court when the hearing is scheduled, then no further notice need be
given.
   (7) If there is no parent or guardian residing in California, or
if the residence is unknown, then to any adult relative residing
within the county or if none, the adult relative residing nearest the
court.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) Notice shall be served as follows:
   (1) If the child is detained, the notice shall be given to the
persons required to be noticed as soon as possible, and at least five
days before the hearing, unless the hearing is set less than five
days and then at least 24 hours prior to the hearing.
   (2) If the child is not detained, the notice shall be given to
those persons required to be noticed at least 10 days prior to the
date of the hearing.
   (d) The notice shall include all of the following:
   (1) The name and address of the person notified.
   (2) The nature of the hearing.
   (3) Each section and subdivision under which the proceeding has
been initiated.
   (4) The date, time, and place of the hearing.
   (5) The name of the child upon whose behalf the petition has been
brought.
   (6) A statement that:
   (A) If they fail to appear, the court may proceed without them.
   (B) The child, parent, guardian, Indian custodian, or adult
relative to whom notice is required to be given is entitled to have
an attorney present at the hearing.
   (C) If the parent, guardian, Indian custodian, or adult relative
is indigent and cannot afford an attorney, and desires to be
represented by an attorney, the parent, guardian, Indian custodian,
or adult relative shall promptly notify the clerk of the juvenile
court.
   (D) If an attorney is appointed to represent the parent, guardian,
Indian custodian, or adult relative, the represented person shall be
liable for all or a portion of the costs to the extent of his or her
ability to pay.
   (E) The parent, guardian, Indian custodian, or adult relative may
be liable for the costs of support of the child in any out-of-home
placement.
   (7) A copy of the petition.
   (e) Service of the notice of the hearing shall be given in the
following manner:
   (1) If the child is detained and the persons required to be
noticed are not present at the initial petition hearing, they shall
be noticed by personal service or by certified mail, return receipt
requested.
   (2) If the child is detained and the persons required to be
noticed are present at the initial petition hearing, they shall be
noticed by personal service or by first-class mail.
   (3) If the child is not detained, the persons required to be
noticed shall be noticed by personal service or by first-class mail,
unless the person to be served is known to reside outside the county,
in which case service shall be by first-class mail.
   (f) Any of the notices required to be given under this section or
Sections 290.1 and 290.2 may be waived by a party in person or
through his or her attorney, or by a signed written waiver filed on
or before the date scheduled for the hearing.
   (g) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

  SEC. 39.  Section 292 of the Welfare and Institutions Code is
amended to read:
   292.  The social worker or probation officer shall give notice of
the review hearing held pursuant to Section 364 in the following
manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father or any father receiving services.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) Each attorney of record, if that attorney was not present at
the time that the hearing was set by the court.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice of the hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.
   (d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency. The notice shall
also include a statement that the child and the parent or parents or
legal guardian or guardians have a right to be present at the
hearing, to be represented by counsel at the hearing and the
procedure for obtaining appointed counsel, and to present evidence
regarding the proper disposition of the case. The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.
   (e) Service of the notice shall be by personal service, by
first-class mail, or by certified mail, return receipt requested,
addressed to the last known address of the person to be noticed.
   (f) If the social worker or the probation officer knows or has
reason to know that an Indian child is involved, notice shall be
given in accordance with Section 224.2.
  SEC. 40.  Section 293 of the Welfare and Institutions Code is
amended to read:
                293.  The social worker or probation officer shall
give notice of the review hearings held pursuant to Section 366.21 or
366.22 in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father or any father receiving services.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the foster parents, relative
caregivers, community care facility, or foster family agency having
custody of the child. In a case in which a foster family agency is
notified of the hearing pursuant to this section, and the child
resides in a foster home certified by the foster family agency, the
foster family agency shall provide timely notice of the hearing to
the child's caregivers.
   (7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.
   (d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of the
child being recommended by the supervising agency. If the notice is
to the child, parent or parents, or legal guardian or guardians, the
notice shall also advise them of the right to be present, the right
to be represented by counsel, the right to request counsel, and the
right to present evidence. The notice shall also state that if the
parent or parents or legal guardian or guardians fail to appear, the
court may proceed without them.
   (e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail.
   (f) Notice to a foster parent, a relative caregiver, a certified
foster parent who has been approved for adoption, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency or by a
licensed county adoption agency, shall indicate that the person
notified may attend all hearings or may submit any information he or
she deems relevant to the court in writing.
   (g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
  SEC. 41.  Section 294 of the Welfare and Institutions Code is
amended to read:
   294.  The social worker or probation officer shall give notice of
a selection and implementation hearing held pursuant to Section
366.26 in the following manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The fathers, presumed and alleged.
   (3) The child, if the child is 10 years of age or older.
   (4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (5) The grandparents of the child, if their address is known and
if the parent's whereabouts are unknown.
   (6) All counsel of record.
   (7) To any unknown parent by publication, if ordered by the court
pursuant to paragraph (2) of subdivision (g).
   (b) The following persons shall not be notified of the hearing:
   (1) A parent who has relinquished the child to the State
Department of Social Services or to a licensed adoption agency for
adoption, and the relinquishment has been accepted and filed with
notice as required under Section 8700 of the Family Code.
   (2) An alleged father who has denied paternity and has executed a
waiver of the right to notice of further proceedings.
   (3) A parent whose parental rights have been terminated.
   (c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time the
notice is personally delivered to the person named in the notice or
10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.
   (2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.
   (d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent
notice for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made pursuant
to Section 296, or by any other means that the court determines is
reasonably calculated, under any circumstance, to provide notice of
the continued hearing. However, if the recommendation changes from
the recommendation contained in the notice previously found to be
proper, notice shall be provided to the parent, and to any person
entitled to receive notice pursuant to this section, regarding that
subsequent hearing.
   (e) The notice shall contain the following information:
   (1) The date, time, and place of the hearing.
   (2) The right to appear.
   (3) The parents' right to counsel.
   (4) The nature of the proceedings.
   (5) The recommendation of the supervising agency.
   (6) A statement that, at the time of hearing, the court is
required to select a permanent plan of adoption, legal guardianship,
or long-term foster care for the child.
   (f) Notice to the parents may be given in any one of the following
manners:
   (1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term foster
care for the child. The court shall direct the parent to appear for
the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent's usual place of
residence or business only.
   (2) Certified mail, return receipt requested, to the parent's last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.
   (3) Personal service to the parent named in the notice.
   (4) Delivery to a competent person who is at least 18 years of age
at the parent's usual place of residence or business, and thereafter
mailed to the parent named in the notice by first-class mail at the
place where the notice was delivered.
   (5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.
   (6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, service may be
made by first-class mail to the parent's usual place of residence or
business.
   (7) If a parent's identity is known but his or her whereabouts are
unknown and the parent cannot, with reasonable diligence, be served
in any manner specified in paragraphs (1) to (6), inclusive, the
petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.
   (A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that parent'
s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether notice
is to the attorney of record or by publication, the court shall also
order that notice be given to the grandparents of the child, if their
identities and addresses are known, by first-class mail.
   (B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term foster
care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.
   (C) In any case where the residence of the parent becomes known,
notice shall immediately be served upon the parent as provided for in
either paragraph (2), (3), (4), (5), or (6).
   (g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the
affidavit filed with the court at least 75 days before the hearing
date and the court, consistent with the provisions of Sections 7665
and 7666 of the Family Code, shall issue an order dispensing with
notice to a natural parent or possible natural parent under this
section if, after inquiry and a determination that there has been due
diligence in attempting to identify the unknown parent, the court is
unable to identify the natural parent or possible natural parent and
no person has appeared claiming to be the natural parent.
   (2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph (1)
and the probation officer or social worker recommends adoption, the
court shall consider whether publication notice would be likely to
lead to actual notice to the unknown parent. The court may order
publication notice if, on the basis of all information before the
court, the court determines that notice by publication is likely to
lead to actual notice to the parent. If publication notice to an
unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall require
the unknown parent or parents to appear at the date, time, and place
stated in the citation. Publication shall be made once a week for
four consecutive weeks.
   (3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged
parents, of the child and the probation officer or social worker
recommends legal guardianship or long-term foster care, no further
notice to the parent shall be required.
   (h) Notice to the child and all counsel of record shall be by
first-class mail.
   (i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

   (j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).
   (k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.
   (l) The court shall state the reasons on the record explaining why
good cause exists for granting any continuance of a hearing held
pursuant to Section 366.26 to fulfill the requirements of this
section.
  SEC. 42.  Section 295 of the Welfare and Institutions Code is
amended to read:
   295.  The social worker or probation officer shall give notice of
review hearings held pursuant to Section 366.3 in the following
manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) The foster parents, relative caregivers, community care
facility, or foster family agency having physical custody of the
child in the case of a child removed from the physical custody of the
parents or legal guardian.
   (7) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.
   (8) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.
   (d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any recommendation
that the court set a new hearing pursuant to Section 366.26 in order
to select a more permanent plan.
   (e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice.
   (f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify the
guardianship is filed, the probation officer or social worker shall
serve notice of the petition not less than 15 court days prior to the
hearing on all persons listed in subdivision (a) and on the court
that established legal guardianship if it is in another county.
   (g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
  SEC. 42.5.  Section 295 of the Welfare and Institutions Code is
amended to read:
   295.  The social worker or probation officer shall give notice of
review hearings held pursuant to Section 366.3 in the following
manner:
   (a) Notice of the hearing shall be given to the following persons:

   (1) The mother.
   (2) The presumed father.
   (3) The legal guardian or guardians.
   (4) The child, if the child is 10 years of age or older.
   (5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the
sibling, the sibling's caregiver, and the sibling's attorney. If the
sibling is under 10 years of age, the sibling's caregiver and the
sibling's attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the same
day.
   (6) The foster parents, relative caregivers, community care
facility, or foster family agency having physical custody of the
child if a child is removed from the physical custody of the parents
or legal guardian. The person notified may attend all hearings and
may submit any information he or she deems relevant to the court in
writing.
   (7) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.
   (8) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.
   (b) No notice is required for a parent whose parental rights have
been terminated.
   (c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.
   (d)  The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any recommendation
that the court set a new hearing pursuant to Section 366.26 in order
to select a more permanent plan.
   (e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.
   (f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify the
guardianship is filed, the probation officer or social worker shall
serve notice of the petition not less than 15 court days prior to the
hearing on all persons listed in subdivision (a) and on the court
that established legal guardianship if it is in another county.
   (g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.
  SEC. 43.  Section 297 of the Welfare and Institutions Code is
amended to read:
   297.  (a) Notice required for an initial petition filed pursuant
to Section 300 is applicable to a subsequent petition filed pursuant
to Section 342.
   (b) Upon the filing of a supplemental petition pursuant to Section
387, the clerk of the juvenile court shall immediately set the
matter for hearing within 30 days of the date of the filing, and the
social worker or probation officer shall cause notice thereof to be
served upon the persons required by, and in the manner prescribed by,
Sections 290.1, 290.2, and 291.
   (c) If a petition for modification has been filed pursuant to
Section 388, and it appears that the best interest of the child may
be promoted by the proposed change of the order, the recognition of a
sibling relationship, or the termination of jurisdiction, the court
shall order that a hearing be held and shall give prior notice, or
cause prior notice to be given, to the social worker or probation
officer and to the child's attorney of record, or if there is no
attorney of record for the child, to the child, and his or her parent
or parents or legal guardian or guardians in the manner prescribed
by Section 291 unless a different manner is prescribed by the court.

   (d) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

  SEC. 44.  Section 305.5 of the Welfare and Institutions Code is
amended to read:
   305.5.  (a) If an Indian child, who is a ward of a tribal court or
resides or is domiciled within a reservation of an Indian tribe that
has exclusive jurisdiction over child custody proceedings as
recognized in Section 1911 of Title 25 of the United States Code or
reassumed exclusive jurisdiction over Indian child custody
proceedings pursuant to Section 1918 of Title 25 of the United States
Code, has been removed by a state or local authority from the
custody of his or her parents or Indian custodian, the state or local
authority shall provide notice of the removal to the tribe no later
than the next working day following the removal and shall provide all
relevant documentation to the tribe regarding the removal and the
child's identity. If the tribe determines that the child is an Indian
child, the state or local authority shall transfer the child custody
proceeding to the tribe within 24 hours after receipt of written
notice from the tribe of that determination.
   (b) In the case of an Indian child who is not domiciled or
residing within a reservation of an Indian tribe or who resides or is
domiciled within a reservation of an Indian tribe that does not have
exclusive jurisdiction over child custody proceedings pursuant to
Section 1911 or 1918 of Title 25 of the United States Code, the court
shall transfer the proceeding to the jurisdiction of the child's
tribe upon petition of either parent, the Indian custodian, if any,
or the child's tribe, unless the court finds good cause not to
transfer. The court shall dismiss the proceeding or terminate
jurisdiction only after receiving proof that the tribal court has
accepted the transfer of jurisdiction.  At the time that the court
dismisses the proceeding or terminates jurisdiction, the court shall
also make an order transferring the physical custody of the child to
the tribal court.
   (c) (1) If a petition to transfer proceedings as described in
subdivision (b) is filed, the court shall find good cause to deny the
petition if one or more of the following circumstances are shown to
exist:
   (A) One or both of the child's parents object to the transfer.
   (B) The child's tribe does not have a "tribal court" as defined in
Section 1910 of Title 25 of the United States Code.
   (C) The tribal court of the child's tribe declines the transfer.
   (2) Good cause not to transfer the proceeding may exist if:
   (A) The evidence necessary to decide the case cannot be presented
in the tribal court without undue hardship to the parties or the
witnesses, and the tribal court is unable to mitigate the hardship by
making arrangements to receive and consider the evidence or
testimony by use of remote communication, by hearing the evidence or
testimony at a location convenient to the parties or witnesses, or by
use of other means permitted in the tribal court's rules of evidence
or discovery.
   (B) The proceeding was at an advanced stage when the petition to
transfer was received and the petitioner did not file the petition
within a reasonable time after receiving notice of the proceeding,
provided the notice complied with Section 224.2. It shall not, in and
of itself, be considered an unreasonable delay for a party to wait
until reunification efforts have failed and reunification services
have been terminated before filing a petition to transfer.
   (C) The Indian child is over 12 years of age and objects to the
transfer.
   (D) The parents of the child over five years of age are not
available and the child has had little or no contact with the child's
tribe or members of the child's tribe.
   (3) Socioeconomic conditions and the perceived adequacy of tribal
social services or judicial systems may not be considered in a
determination that good cause exists.
   (4) The burden of establishing good cause to the contrary shall be
on the party opposing the transfer. If the court believes, or any
party asserts, that good cause to the contrary exists, the reasons
for that belief or assertion shall be stated in writing and made
available to all parties who are petitioning for the transfer, and
the petitioner shall have the opportunity to provide information or
evidence in rebuttal of the belief or assertion.
   (5) Nothing in this section or Section 1911 or 1918 of Title 25 of
the United States Code shall be construed as requiring a tribe to
petition the Secretary of the Interior to reassume exclusive
jurisdiction pursuant to Section 1918 of Title 25 of the United
States Code prior to exercising jurisdiction over a proceeding
transferred under subdivision (b).
   (d) An Indian child's domicile or place of residence is determined
by that of the parent, guardian, or Indian custodian with whom the
child maintained his or her primary place of abode at the time the
Indian child custody proceedings were initiated.
   (e) If any petitioner in an Indian child custody proceeding has
improperly removed the child from the custody of the parent or Indian
custodian or has improperly retained custody after a visit or other
temporary relinquishment of custody, the court shall decline
jurisdiction over the petition and shall immediately return the child
to his or her parent or Indian custodian, unless returning the child
to the parent or Indian custodian would subject the child to a
substantial and immediate danger or threat of danger.
   (f) Nothing in this section shall be construed to prevent the
emergency removal of an Indian child who is a ward of a tribal court
or resides or is domiciled within a reservation of an Indian tribe,
but is temporarily located off the reservation, from a parent or
Indian custodian or the emergency placement of the child in a foster
home or institution in order to prevent imminent physical damage or
harm to the child. The state or local authority shall ensure that the
emergency removal or placement terminates immediately when the
removal or placement is no longer necessary to prevent imminent
physical damage or harm to the child and shall expeditiously initiate
an Indian child custody proceeding, transfer the child to the
jurisdiction of the Indian child's tribe, or restore the child to the
parent or Indian custodian, as may be appropriate.
  SEC. 45.  Section 306.6 is added to the Welfare and Institutions
Code, to read:
   306.6.  (a) In a dependency proceeding involving a child who would
otherwise be an Indian child, based on the definition contained in
paragraph (4) of Section 1903 of the federal Indian Child Welfare Act
(25 U.S.C. Sec. 1901 et seq.), but is not an Indian child based on
status of the child's tribe, as defined in paragraph (8) of Section
1903 of the                                           federal Indian
Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the court may permit
the tribe from which the child is descended to participate in the
proceeding upon request of the tribe.
   (b) If the court permits a tribe to participate in a proceeding,
the tribe may do all of the following, upon consent of the court:
   (1) Be present at the hearing.
   (2) Address the court.
   (3) Request and receive notice of hearings.
   (4) Request to examine court documents relating to the proceeding.

   (5) Present information to the court that is relevant to the
proceeding.
   (6) Submit written reports and recommendations to the court.
   (7) Perform other duties and responsibilities as requested or
approved by the court.
   (c) If more than one tribe requests to participate in a proceeding
under subdivision (a), the court may limit participation to the
tribe with which the child has the most significant contacts, as
determined in accordance with paragraph (2) of subdivision (d) of
Section 170 of the Family Code.
   (d) This section is intended to assist the court in making
decisions that are in the best interest of the child by permitting a
tribe in the circumstances set out in subdivision (a) to inform the
court and parties to the proceeding about placement options for the
child within the child's extended family or the tribal community,
services and programs available to the child and the child's parents
as Indians, and other unique interests the child or the child's
parents may have as Indians. This section shall not be construed to
make the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or
any state law implementing the Indian Child Welfare Act, applicable
to the proceedings, or to limit the court's discretion to permit
other interested persons to participate in these or any other
proceedings.
   (e) The court shall, on a case-by-case basis, make a determination
if this section is applicable and may request information from the
tribe, or the entity claiming to be a tribe, from which the child is
descended for the purposes of making this determination, if the child
would otherwise be an Indian child pursuant to subdivision (a).
  SEC. 46.  Section 317 of the Welfare and Institutions Code is
amended to read:
   317.  (a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the court
may appoint counsel as provided in this section.
   (2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ counsel,
the provisions of subsection (b) of Section 1912 of the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section 23.13 of Title
25 of the Code of Federal Regulations are applicable.
   (b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel, unless
the court finds that the parent or guardian has made a knowing and
intelligent waiver of counsel as provided in this section.
   (c) Where a child is not represented by counsel, the court shall
appoint counsel for the child unless the court finds that the child
would not benefit from the appointment of counsel. The court shall
state on the record its reasons for that finding. A primary
responsibility of any counsel appointed to represent a child pursuant
to this section shall be to advocate for the protection, safety, and
physical and emotional well-being of the child. Counsel for the
child may be a district attorney, public defender, or other member of
the bar, provided that the counsel does not represent another party
or county agency whose interests conflict with the child's interests.
The fact that the district attorney represents the child in a
proceeding pursuant to Section 300 as well as conducts a criminal
investigation or files a criminal complaint or information arising
from the same or reasonably related set of facts as the proceeding
pursuant to Section 300 is not in and of itself a conflict of
interest. The court may fix the compensation for the services of
appointed counsel. The appointed counsel shall have a caseload and
training that assures adequate representation of the child. The
Judicial Council shall promulgate rules of court that establish
caseload standards, training requirements, and guidelines for
appointed counsel for children and shall adopt rules as required by
Section 326.5 no later than July 1, 2001.
   (d) The counsel appointed by the court shall represent the parent,
guardian, or child at the detention hearing and at all subsequent
proceedings before the juvenile court. Counsel shall continue to
represent the parent, guardian, or child unless relieved by the court
upon the substitution of other counsel or for cause. The
representation shall include representing the parent, guardian, or
the child in termination proceedings and in those proceedings
relating to the institution or setting aside of a legal guardianship.

   (e) The counsel for the child shall be charged in general with the
representation of the child's interests. To that end, the counsel
shall make or cause to have made any further investigations that he
or she deems in good faith to be reasonably necessary to ascertain
the facts, including the interviewing of witnesses, and he or she
shall examine and cross-examine witnesses in both the adjudicatory
and dispositional hearings. He or she may also introduce and examine
his or her own witnesses, make recommendations to the court
concerning the child's welfare, and participate further in the
proceedings to the degree necessary to adequately represent the
child. In any case in which the child is four years of age or older,
counsel shall interview the child to determine the child's wishes and
to assess the child's well-being, and shall advise the court of the
child's wishes. Counsel for the child shall not advocate for the
return of the child if, to the best of his or her knowledge, that
return conflicts with the protection and safety of the child. In
addition counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings. The
attorney representing a child in a dependency proceeding is not
required to assume the responsibilities of a social worker and is not
expected to provide nonlegal services to the child. The court shall
take whatever appropriate action is necessary to fully protect the
interests of the child.
   (f) Either the child or the counsel for the child, with the
informed consent of the child if the child is found by the court to
be of sufficient age and maturity to so consent, may invoke the
psychotherapist-client privilege, physician-patient privilege, and
clergyman-penitent privilege; and if the child invokes the privilege,
counsel may not waive it, but if counsel invokes the privilege, the
child may waive it. Counsel shall be holder of these privileges if
the child is found by the court not to be of sufficient age and
maturity to so consent. For the sole purpose of fulfilling his or her
obligation to provide legal representation of the child, counsel for
a child shall have access to all records with regard to the child
maintained by a health care facility, as defined in Section 1545 of
the Penal Code, health care providers, as defined in Section 6146 of
the Business and Professions Code, a physician and surgeon or other
health practitioner as defined in Section 11165.8 of the Penal Code
or a child care custodian, as defined in Section 11165.7 of the Penal
Code. Notwithstanding any other law, counsel shall be given access
to all records relevant to the case which are maintained by state or
local public agencies. All information requested from a child
protective agency regarding a child who is in protective custody, or
from a child's guardian ad litem, shall be provided to the child's
counsel within 30 days of the request.
   (g) In a county of the third class, if counsel is to be provided
to a child at county expense other than by counsel for the agency,
the court shall first utilize the services of the public defender
prior to appointing private counsel, to provide legal counsel.
Nothing in this subdivision shall be construed to require the
appointment of the public defender in any case in which the public
defender has a conflict of interest. In the interest of justice, a
court may depart from that portion of the procedure requiring
appointment of the public defender after making a finding of good
cause and stating the reasons therefor on the record.
   (h) In a county of the third class, if counsel is to be appointed
for a parent or guardian at county expense, the court shall first
utilize the services of the alternate public defender, prior to
appointing private counsel, to provide legal counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.
  SEC. 46.5.  Section 317 of the Welfare and Institutions Code is
amended to read:
   317.  (a) (1) When it appears to the court that a parent or
guardian of the child desires counsel but is presently financially
unable to afford and cannot for that reason employ counsel, the court
may appoint counsel as provided in this section.
   (2) When it appears to the court that a parent or Indian custodian
in an Indian child custody proceeding desires counsel but is
presently unable to afford and cannot for that reason employ counsel,
the provisions of subsection (b) of Section 1912 of the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section 23.13 of Title
25 of the Code of Federal Regulations are applicable.
   (b) When it appears to the court that a parent or guardian of the
child is presently financially unable to afford and cannot for that
reason employ counsel, and the child has been placed in out-of-home
care, or the petitioning agency is recommending that the child be
placed in out-of-home care, the court shall appoint counsel for the
parent or guardian, unless the court finds that the parent or
guardian has made a knowing and intelligent waiver of counsel as
provided in this section.
   (c)  If a child is not represented by counsel, the court shall
appoint counsel for the child unless the court finds that the child
would not benefit from the appointment of counsel. The court shall
state on the record its reasons for that finding. A primary
responsibility of any counsel appointed to represent a child pursuant
to this section shall be to advocate for the protection, safety, and
physical and emotional well-being of the child. Counsel for the
child may be a district attorney, public defender, or other member of
the bar, provided that the counsel does not represent another party
or county agency whose interests conflict with the child's interests.
The fact that the district attorney represents the child in a
proceeding pursuant to Section 300 as well as conducts a criminal
investigation or files a criminal complaint or information arising
from the same or reasonably related set of facts as the proceeding
pursuant to Section 300 is not in and of itself a conflict of
interest. The court may fix the compensation for the services of
appointed counsel. The appointed counsel shall have a caseload and
training that ensures adequate representation of the child. The
Judicial Council shall promulgate rules of court that establish
caseload standards, training requirements, and guidelines for
appointed counsel for children and shall adopt rules as required by
Section 326.5 no later than July 1, 2001.
   (d) The counsel appointed by the court shall represent the parent,
guardian, or child at the detention hearing and at all subsequent
proceedings before the juvenile court. Counsel shall continue to
represent the parent, guardian, or child unless relieved by the court
upon the substitution of other counsel or for cause. The
representation shall include representing the parent, guardian, or
the child in termination proceedings and in those proceedings
relating to the institution or setting aside of a legal guardianship.

   (e) The counsel for the child shall be charged in general with the
representation of the child's interests. To that end, the counsel
shall make or cause to have made any further investigations that he
or she deems in good faith to be reasonably necessary to ascertain
the facts, including the interviewing of witnesses, and he or she
shall examine and cross-examine witnesses in both the adjudicatory
and dispositional hearings. He or she may also introduce and examine
his or her own witnesses, make recommendations to the court
concerning the child's welfare, and participate further in the
proceedings to the degree necessary to adequately represent the
child. In any case in which the child is four years of age or older,
counsel shall interview the child to determine the child's wishes and
to assess the child's well-being, and shall advise the court of the
child's wishes. Counsel for the child shall not advocate for the
return of the child if, to the best of his or her knowledge, that
return conflicts with the protection and safety of the child. In
addition counsel shall investigate the interests of the child beyond
the scope of the juvenile proceeding and report to the court other
interests of the child that may need to be protected by the
institution of other administrative or judicial proceedings. The
attorney representing a child in a dependency proceeding is not
required to assume the responsibilities of a social worker and is not
expected to provide nonlegal services to the child. The court shall
take whatever appropriate action is necessary to fully protect the
interests of the child.
   (f) Either the child or the counsel for the child, with the
informed consent of the child if the child is found by the court to
be of sufficient age and maturity to so consent, which shall be
presumed, subject to rebuttal by clear and convincing evidence, if
the child is over 12 years of age, may invoke the
psychotherapist-client privilege, physician-patient privilege, and
clergyman-penitent privilege; and if the child invokes the privilege,
counsel may not waive it, but if counsel invokes the privilege, the
child may waive it. Counsel shall be holder of these privileges if
the child is found by the court not to be of sufficient age and
maturity to so consent. For the sole purpose of fulfilling his or her
obligation to provide legal representation of the child, counsel for
a child shall have access to all records with regard to the child
maintained by a health care facility, as defined in Section 1545 of
the Penal Code, health care providers, as defined in Section 6146 of
the Business and Professions Code, a physician and surgeon or other
health practitioner, as defined in former Section 11165.8 of the
Penal Code, as that section read on January 1, 2000, or a child care
custodian, as defined in former Section 11165.7 of the Penal Code, as
that section read on January 1, 2000. Notwithstanding any other law,
counsel shall be given access to all records relevant to the case
which are maintained by state or local public agencies. All
information requested from a child protective agency regarding a
child who is in protective custody, or from a child's guardian ad
litem, shall be provided to the child's counsel within 30 days of the
request.
   (g) In a county of the third class, if counsel is to be provided
to a child at county expense other than by counsel for the agency,
the court shall first utilize the services of the public defender
prior to appointing private counsel, to provide legal counsel.
Nothing in this subdivision shall be construed to require the
appointment of the public defender in any case in which the public
defender has a conflict of interest. In the interest of justice, a
court may depart from that portion of the procedure requiring
appointment of the public defender after making a finding of good
cause and stating the reasons therefor on the record.
   (h) In a county of the third class, if counsel is to be appointed
for a parent or guardian at county expense, the court shall first
utilize the services of the alternate public defender, prior to
appointing private counsel, to provide legal counsel. Nothing in this
subdivision shall be construed to require the appointment of the
alternate public defender in any case in which the public defender
has a conflict of interest. In the interest of justice, a court may
depart from that portion of the procedure requiring appointment of
the alternate public defender after making a finding of good cause
and stating the reasons therefor on the record.
  SEC. 47.  Section 360.6 of the Welfare and Institutions Code is
repealed.
  SEC. 48.  Section 361 of the Welfare and Institutions Code is
amended to read:
   361.  (a) In all cases in which a minor is adjudged a dependent
child of the court on the ground that the minor is a person described
by Section 300, the court may limit the control to be exercised over
the dependent child by any parent or guardian and shall by its order
clearly and specifically set forth all those limitations. Any
limitation on the right of the parent or guardian to make educational
decisions for the child shall be specifically addressed in the court
order. The limitations may not exceed those necessary to protect the
child. If the court specifically limits the right of the parent or
guardian to make educational decisions for the child, the court shall
at the same time appoint a responsible adult to make educational
decisions for the child until one of the following occurs:
   (1) The minor reaches 18 years of age, unless the child chooses
not to make educational decisions for himself or herself, or is
deemed by the court to be incompetent.
   (2) Another responsible adult is appointed to make educational
decisions for the minor pursuant to this section.
   (3) The right of the parent or guardian to make educational
decisions for the minor is fully restored.
   (4) A successor guardian or conservator is appointed.
   (5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (3) of subdivision (g) of Section
366.21, Section 366.22, or Section 366.26, at which time the foster
parent, relative caretaker, or nonrelative extended family member as
defined in Section 362.7, has the right to represent the child in
educational matters pursuant to Section 56055 of the Education Code.

   An individual who would have a conflict of interest in
representing the child may not be appointed to make educational
decisions. For purposes of this section, "an individual who would
have a conflict of interest," means a person having any interests
that might restrict or bias his or her ability to make educational
decisions, including, but not limited to, those conflicts of interest
prohibited by Section 1126 of the Government Code, and the receipt
of compensation or attorneys' fees for the provision of services
pursuant to this section. A foster parent may not be deemed to have a
conflict of interest solely because he or she receives compensation
for the provision of services pursuant to this section.
   If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
   If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.
   All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child.
   (b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a licensed county adoption agency at any time
while the child is a dependent child of the juvenile court, if the
department or agency is willing to accept the relinquishment.
   (c) A dependent child may not be taken from the physical custody
of his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated, unless the juvenile
court finds clear and convincing evidence of any of the following
circumstances listed in paragraphs (1) to (5), inclusive, and, in an
Indian child custody proceeding, paragraph (6):
   (1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor's physical health can be
protected without removing the minor from the minor's parent's or
guardian's physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent or
guardian with whom the minor resided at the time of injury. The court
shall consider, as a reasonable means to protect the minor, the
option of removing an offending parent or guardian from the home. The
court shall also consider, as a reasonable means to protect the
minor, allowing a nonoffending parent or guardian to retain physical
custody as long as that parent or guardian presents a plan acceptable
to the court demonstrating that he or she will be able to protect
the child from future harm.
   (2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.
   (3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor's emotional health may be
protected without removing the minor from the physical custody of his
or her parent or guardian.
   (4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member of his or her household, or other person
known to his or her parent, and there are no reasonable means by
which the minor can be protected from further sexual abuse or a
substantial risk of sexual abuse without removing the minor from his
or her parent or guardian, or the minor does not wish to return to
his or her parent or guardian.
   (5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
   (6) In an Indian child custody proceeding, continued custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a "qualified expert witness" as
described in Section 224.6.
   (A) Stipulation by the parent, Indian custodian, or the Indian
child's tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et
seq.), and has knowingly, intelligently, and voluntarily waived them.

   (B) Failure to meet non-Indian family and child-rearing community
standards, or the existence of other behavior or conditions that meet
the removal standards of this section, will not support an order for
placement in the absence of the finding in this paragraph.
   (d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts, or, in the case of an Indian child custody proceeding,
whether active efforts as required in Section 361.7 were made and
that these efforts have proved unsuccessful. The court shall state
the facts on which the decision to remove the minor is based.
   (e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
   (1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
   (2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.
  SEC. 49.  Section 361.31 is added to the Welfare and Institutions
Code, to read:
   361.31.  (a) In any case in which an Indian child is removed from
the physical custody of his or her parents or Indian custodian
pursuant to Section 361, the child's placement shall comply with
                                     this section.
   (b) Any foster care or guardianship placement of an Indian child,
or any emergency removal of a child who is known to be, or there is
reason to know that the child is, an Indian child shall be in the
least restrictive setting which most approximates a family situation
and in which the child's special needs, if any, may be met. The child
shall also be placed within reasonable proximity to the child's
home, taking into account any special needs of the child.  Preference
shall be given to the child's placement with one of the following,
in descending priority order:
   (1) A member of the child's extended family, as defined in Section
1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

   (2) A foster home licensed, approved, or specified by the child's
tribe.
   (3) An Indian foster home licensed or approved by an authorized
non-Indian licensing authority.
   (4) An institution for children approved by an Indian tribe or
operated by an Indian organization which has a program suitable to
meet the Indian child's needs.
   (c) In any adoptive placement of an Indian child, preference shall
be given to a placement with one of the following, in descending
priority order:
   (1) A member of the child's extended family, as defined in Section
1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

   (2) Other members of the child's tribe.
   (3) Another Indian family.
   (d) Notwithstanding the placement preferences listed in
subdivisions (b) and (c), if a different order of placement
preference is established by the child's tribe, the court or agency
effecting the placement shall follow the order of preference
established by the tribe, so long as the placement is the least
restrictive setting appropriate to the particular needs of the child
as provided in subdivision (b).
   (e) Where appropriate, the placement preference of the Indian
child, when of sufficient age, or parent shall be considered. In
applying the preferences, a consenting parent's request for anonymity
shall also be given weight by the court or agency effecting the
placement.
   (f) The prevailing social and cultural standards of the Indian
community in which the parent or extended family members of an Indian
child reside, or with which the parent or extended family members
maintain social and cultural ties, or the prevailing social and
cultural standards of the Indian child's tribe shall be applied in
meeting the placement preferences under this section. A determination
of the applicable prevailing social and cultural standards may be
confirmed by the Indian child's tribe or by the testimony or other
documented support of a qualified expert witness, as defined in
subdivision (c) of Section 224.6, who is knowledgeable regarding the
social and cultural standards of the Indian child's tribe.
   (g) Any person or court involved in the placement of an Indian
child shall use the services of the Indian child's tribe, whenever
available through the tribe, in seeking to secure placement within
the order of placement preference established in this section and in
the supervision of the placement.
   (h) The court may determine that good cause exists not to follow
placement preferences applicable under subdivision (b), (c), or (d)
in accordance with subdivision (e).
   (i) When no preferred placement under subdivision (b), (c), or (d)
is available, active efforts shall be made to place the child with a
family committed to enabling the child to have extended family
visitation and participation in the cultural and ceremonial events of
the child's tribe.
   (j) The burden of establishing the existence of good cause not to
follow placement preferences applicable under subdivision (b), (c),
or (d) shall be on the party requesting that the preferences not be
followed.
   (k) A record of each foster care placement or adoptive placement
of an Indian child shall be maintained in perpetuity by the State
Department of Social Services. The record shall document the active
efforts to comply with the applicable order of preference specified
in this section.
  SEC. 50.  Section 361.7 is added to the Welfare and Institutions
Code, to read:
   361.7.  (a) Notwithstanding Section 361.5, a party seeking an
involuntary foster care placement of, or termination of parental
rights over, an Indian child shall provide evidence to the court that
active efforts have been made to provide remedial services and
rehabilitative programs designed to prevent the breakup of the Indian
family and that these efforts have proved unsuccessful.
   (b) What constitutes active efforts shall be assessed on a
case-by-case basis. The active efforts shall be made in a manner that
takes into account the prevailing social and cultural values,
conditions, and way of life of the Indian child's tribe. Active
efforts shall utilize the available resources of the Indian child's
extended family, tribe, tribal and other Indian social service
agencies, and individual Indian caregiver service providers.
   (c) No foster care placement or guardianship may be ordered in the
proceeding in the absence of a determination, supported by clear and
convincing evidence, including testimony of a qualified expert
witness, as defined in Section 224.6, that the continued custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child.
  SEC. 51.  Section 366 of the Welfare and Institutions Code is
amended to read:
   366.  (a) (1) The status of every dependent child in foster care
shall be reviewed periodically as determined by the court but no less
frequently than once every six months, as calculated from the date
of the original dispositional hearing, until the hearing described in
Section 366.26 is completed. The court shall consider the safety of
the child and shall determine all of the following:
   (A) The continuing necessity for and appropriateness of the
placement.
   (B) The extent of the agency's compliance with the case plan in
making reasonable efforts, or, in the case of an Indian child, active
efforts as described in Section 361.7, to return the child to a safe
home and to complete any steps necessary to finalize the permanent
placement of the child, including efforts to maintain relationships
between a child who is 10 years of age or older and who has been in
an out-of-home placement for six months or longer, and individuals
other than the child's siblings who are important to the child,
consistent with the child's best interests.
   (C) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the child. That
limitation shall be specifically addressed in the court order and may
not exceed those necessary to protect the child. Whenever the court
specifically limits the right of the parent or guardian to make
educational decisions for the child, the court shall at the same time
appoint a responsible adult to make educational decisions for the
child pursuant to Section 361.
   (D) (i) Whether the child has other siblings under the court's
jurisdiction, and, if any siblings exist, all of the following:
   (I) The nature of the relationship between the child and his or
her siblings.
   (II) The appropriateness of developing or maintaining the sibling
relationships pursuant to Section 16002.
   (III) If the siblings are not placed together in the same home,
why the siblings are not placed together and what efforts are being
made to place the siblings together, or why those efforts are not
appropriate.
   (IV) If the siblings are not placed together, the frequency and
nature of the visits between siblings.
   (V) The impact of the sibling relationships on the child's
placement and planning for legal permanence.
   (VI) The continuing need to suspend sibling interaction, if
applicable, pursuant to subdivision (c) of Section 16002.
   (ii) The factors the court may consider in making a determination
regarding the nature of the child's sibling relationships may
include, but are not limited to, whether the siblings were raised
together in the same home, whether the siblings have shared
significant common experiences or have existing close and strong
bonds, whether either sibling expresses a desire to visit or live
with his or her sibling, as applicable, and whether ongoing contact
is in the child's best emotional interests.
   (E) The extent of progress which has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (2) The court shall project a likely date by which the child may
be returned to and safely maintained in the home or placed for
adoption, legal guardianship, or in another planned permanent living
arrangement.
   (b) Subsequent to the hearing, periodic reviews of each child in
foster care shall be conducted pursuant to the requirements of
Sections 366.3 and 16503.
   (c) If the child has been placed out of state, each review
described in subdivision (a) and any reviews conducted pursuant to
Sections 366.3 and 16503 shall also address whether the out-of-state
placement continues to be the most appropriate placement selection
and in the best interests of the child.
   (d) A child may not be placed in an out-of-state group home, or
remain in an out-of-state group home, unless the group home is in
compliance with Section 7911.1 of the Family Code.
   (e) The implementation and operation of the amendments to
subparagraph (B) of paragraph (1) of subdivision (a) enacted at the
2005-06 Regular Session shall be subject to appropriation through the
budget process and by phase, as provided in Section 366.35.
  SEC. 52.  Section 366.26 of the Welfare and Institutions Code is
amended to read:
   366.26.  (a) This section applies to children who are adjudged
dependent children of the juvenile court pursuant to subdivision (c)
of Section 360. The procedures specified herein are the exclusive
procedures for conducting these hearings; Part 2 (commencing with
Section 3020) of Division 8 of the Family Code is not applicable to
these proceedings. Section 8714.7 of the Family Code is applicable
and available to all dependent children meeting the requirements of
that section, if the postadoption contact agreement has been entered
into voluntarily. For children who are adjudged dependent children of
the juvenile court pursuant to subdivision (c) of Section 360, this
section and Sections 8604, 8605, 8606, and 8700 of the Family Code
and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12
of the Family Code specify the exclusive procedures for permanently
terminating parental rights with regard to, or establishing legal
guardianship of, the child while the child is a dependent child of
the juvenile court.
   (b) At the hearing, which shall be held in juvenile court for all
children who are dependents of the juvenile court, the court, in
order to provide stable, permanent homes for these children, shall
review the report as specified in Section 361.5, 366.21, or 366.22,
shall indicate that the court has read and considered it, shall
receive other evidence that the parties may present, and then shall
make findings and orders in the following order of preference:
   (1) Terminate the rights of the parent or parents and order that
the child be placed for adoption and, upon the filing of a petition
for adoption in the juvenile court, order that a hearing be set. The
court shall proceed with the adoption after the appellate rights of
the natural parents have been exhausted.
   (2) On making a finding under paragraph (3) of subdivision (c),
identify adoption as the permanent placement goal and order that
efforts be made to locate an appropriate adoptive family for the
child within a period not to exceed 180 days.
   (3) Appoint a legal guardian for the child and order that letters
of guardianship issue.
   (4) Order that the child be placed in long-term foster care,
subject to the periodic review of the juvenile court under Section
366.3.
   In choosing among the above alternatives the court shall proceed
pursuant to subdivision (c).
   (c) (1) If the court determines, based on the assessment provided
as ordered under subdivision (i) of Section 366.21 or subdivision (b)
of Section 366.22, and any other relevant evidence, by a clear and
convincing standard, that it is likely the child will be adopted, the
court shall terminate parental rights and order the child placed for
adoption. The fact that the child is not yet placed in a preadoptive
home nor with a relative or foster family who is prepared to adopt
the child, shall not constitute a basis for the court to conclude
that it is not likely the child will be adopted. A finding under
subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5
that reunification services shall not be offered, under subdivision
(e) of Section 366.21 that the whereabouts of a parent have been
unknown for six months or that the parent has failed to visit or
contact the child for six months or that the parent has been
convicted of a felony indicating parental unfitness, or, under
Section 366.21 or 366.22, that the court has continued to remove the
child from the custody of the parent or guardian and has terminated
reunification services, shall constitute a sufficient basis for
termination of parental rights unless the court finds a compelling
reason for determining that termination would be detrimental to the
child due to one or more of the following circumstances:
   (A) The parents have maintained regular visitation and contact
with the child and the child would benefit from continuing the
relationship.
   (B) A child 12 years of age or older objects to termination of
parental rights.
   (C) The child is placed in a residential treatment facility,
adoption is unlikely or undesirable, and continuation of parental
rights will not prevent finding the child a permanent family
placement if the parents cannot resume custody when residential care
is no longer needed.
   (D) The child is living with a relative, foster parent, or Indian
custodian who is unable or unwilling to adopt the child because of
exceptional circumstances, that do not include an unwillingness to
accept legal or financial responsibility for the child, but who is
willing and capable of providing the child with a stable and
permanent environment and the removal of the child from the physical
custody of his or her relative, foster parent, or Indian custodian
would be detrimental to the emotional well-being of the child. This
subparagraph does not apply to any child who is living with a
nonrelative and who is either (i) under six years of age or (ii) a
member of a sibling group where at least one child is under six years
of age and the siblings are, or should be, permanently placed
together. For purposes of an Indian child, "relative" shall include
an "extended family member" as defined in the Indian Child Welfare
Act (25 U.S.C. Sec. 1903(2)).
   (E) There would be substantial interference with a child's sibling
relationship, taking into consideration the nature and extent of the
relationship, including, but not limited to, whether the child was
raised with a sibling in the same home, whether the child shared
significant common experiences or has existing close and strong bonds
with a sibling, and whether ongoing contact is in the child's best
interest, including the child's long-term emotional interest, as
compared to the benefit of legal permanence through adoption.
   (F) The child is an Indian child and there is a compelling reason
for determining that termination of parental rights would not be in
the best interest of the child, including, but not limited to:
   (i) Termination of parental rights would substantially interfere
with the child's connection to his or her tribal community or the
child's tribal membership rights.
   (ii) The child's tribe has identified guardianship, long-term
foster care with a fit and willing relative, or another planned
permanent living arrangement for the child.
   If the court finds that termination of parental rights would be
detrimental to the child pursuant to subparagraph (A), (B), (C), (D),
(E), or (F), it shall state its reasons in writing or on the record.

   (2) The court shall not terminate parental rights if:
   (A) At each hearing at which the court was required to consider
reasonable efforts or services, the court has found that reasonable
efforts were not made or that reasonable services were not offered or
provided.
   (B) In the case of an Indian child:
   (i) At the hearing terminating parental rights, the court has
found that active efforts were not made as required in Section 361.7.

   (ii) The court does not make a determination at the hearing
terminating parental rights, supported by evidence beyond a
reasonable doubt, including testimony of one or more "qualified
expert witnesses" as defined in Section 224.6, that the continued
custody of the child by the parent is likely to result in serious
emotional or physical damage to the child.
   (3) If the court finds that termination of parental rights would
not be detrimental to the child pursuant to paragraph (1) and that
the child has a probability for adoption but is difficult to place
for adoption and there is no identified or available prospective
adoptive parent, the court may identify adoption as the permanent
placement goal and without terminating parental rights, order that
efforts be made to locate an appropriate adoptive family for the
child within a period not to exceed 180 days. During this 180-day
period, the public agency responsible for seeking adoptive parents
for each child shall, to the extent possible, ask each child who is
10 years of age or older, to identify any individuals, other than the
child's siblings, who are important to the child, in order to
identify potential adoptive parents. The public agency may ask any
other child to provide that information, as appropriate.  During the
180-day period, the public agency shall, to the extent possible,
contact other private and public adoption agencies regarding the
availability of the child for adoption. During the 180-day period,
the public agency shall conduct the search for adoptive parents in
the same manner as prescribed for children in Sections 8708 and 8709
of the Family Code. At the expiration of this period, another hearing
shall be held and the court shall proceed pursuant to paragraph (1)
or (3) of subdivision (b). For purposes of this section, a child may
only be found to be difficult to place for adoption if there is no
identified or available prospective adoptive parent for the child
because of the child's membership in a sibling group, or the presence
of a diagnosed medical, physical, or mental handicap, or the child
is the age of seven years or more.
   (4) (A) If the court finds that adoption of the child or
termination of parental rights is not in the best interest of the
child, because one of the conditions in subparagraph (A), (B), (C),
(D), (E), or (F) of paragraph (1) or in paragraph (2) applies, the
court shall either order that the present caretakers or other
appropriate persons shall become legal guardians of the child or
order that the child remain in long-term foster care. Legal
guardianship shall be considered before long-term foster care, if it
is in the best interests of the child and if a suitable guardian can
be found. A child who is 10 years of age or older, shall be asked to
identify any individuals, other than the child's siblings, who are
important to the child, in order to identify potential guardians. The
agency may ask any other child to provide that information, as
appropriate.
   (B) If the child is living with a relative or a foster parent who
is willing and capable of providing a stable and permanent
environment, but not willing to become a legal guardian, the child
shall not be removed from the home if the court finds the removal
would be seriously detrimental to the emotional well-being of the
child because the child has substantial psychological ties to the
relative caretaker or foster parents.
   (C) The court shall also make an order for visitation with the
parents or guardians unless the court finds by a preponderance of the
evidence that the visitation would be detrimental to the physical or
emotional well-being of the child.
   (5) If the court finds that the child should not be placed for
adoption, that legal guardianship shall not be established, and that
there are no suitable foster parents except exclusive-use homes
available to provide the child with a stable and permanent
environment, the court may order the care, custody, and control of
the child transferred from the county welfare department to a
licensed foster family agency. The court shall consider the written
recommendation of the county welfare director regarding the
suitability of the transfer. The transfer shall be subject to further
court orders.
   The licensed foster family agency shall place the child in a
suitable licensed or exclusive-use home that has been certified by
the agency as meeting licensing standards. The licensed foster family
agency shall be responsible for supporting the child and providing
appropriate services to the child, including those services ordered
by the court.  Responsibility for the support of the child shall not,
in and of itself, create liability on the part of the foster family
agency to third persons injured by the child. Those children whose
care, custody, and control are transferred to a foster family agency
shall not be eligible for foster care maintenance payments or child
welfare services, except for emergency response services pursuant to
Section 16504.
   (d) The proceeding for the appointment of a guardian for a child
who is a dependent of the juvenile court shall be in the juvenile
court. If the court finds pursuant to this section that legal
guardianship is the appropriate permanent plan, it shall appoint the
legal guardian and issue letters of guardianship. The assessment
prepared pursuant to subdivision (g) of Section 361.5, subdivision
(i) of Section 366.21, and subdivision (b) of Section 366.22 shall be
read and considered by the court prior to the appointment, and this
shall be reflected in the minutes of the court. The person preparing
the assessment may be called and examined by any party to the
proceeding.
   (e) The proceeding for the adoption of a child who is a dependent
of the juvenile court shall be in the juvenile court if the court
finds pursuant to this section that adoption is the appropriate
permanent plan and the petition for adoption is filed in the juvenile
court. Upon the filing of a petition for adoption, the juvenile
court shall order that an adoption hearing be set. The court shall
proceed with the adoption after the appellate rights of the natural
parents have been exhausted. The full report required by Section 8715
of the Family Code shall be read and considered by the court prior
to the adoption and this shall be reflected in the minutes of the
court. The person preparing the report may be called and examined by
any party to the proceeding. It is the intent of the Legislature,
pursuant to this subdivision, to give potential adoptive parents the
option of filing in the juvenile court the petition for the adoption
of a child who is a dependent of the juvenile court. Nothing in this
section is intended to prevent the filing of a petition for adoption
in any other court as permitted by law, instead of in the juvenile
court.
   (f) At the beginning of any proceeding pursuant to this section,
if the child or the parents are not being represented by previously
retained or appointed counsel, the court shall proceed as follows:
   (1) In accordance with subdivision (c) of Section 317, if a child
before the court is without counsel, the court shall appoint counsel
unless the court finds that the child would not benefit from the
appointment of counsel. The court shall state on the record its
reasons for that finding.
   (2) If a parent appears without counsel and is unable to afford
counsel, the court shall appoint counsel for the parent, unless this
representation is knowingly and intelligently waived. The same
counsel shall not be appointed to represent both the child and his or
her parent. The public defender or private counsel may be appointed
as counsel for the parent.
   (3) Private counsel appointed under this section shall receive a
reasonable sum for compensation and expenses, the amount of which
shall be determined by the court. The amount shall be paid by the
real parties in interest, other than the child, in any proportions
the court deems just. However, if the court finds that any of the
real parties in interest are unable to afford counsel, the amount
shall be paid out of the general fund of the county.
   (g) The court may continue the proceeding for a period of time not
to exceed 30 days as necessary to appoint counsel, and to enable
counsel to become acquainted with the case.
   (h) (1) At all proceedings under this section, the court shall
consider the wishes of the child and shall act in the best interests
of the child.
   (2) In accordance with Section 349, the child shall be present in
court if the child or the child's counsel so requests or the court so
orders. If the child is 10 years of age or older and is not present
at a hearing held pursuant to this section, the court shall determine
whether the minor was properly notified of his or her right to
attend the hearing and inquire as to the reason why the child is not
present.
   (3) (A) The testimony of the child may be taken in chambers and
outside the presence of the child's parent or parents, if the child's
parent or parents are represented by counsel, the counsel is
present, and any of the following circumstances exists:
   (i) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
   (ii) The child is likely to be intimidated by a formal courtroom
setting.
   (iii) The child is afraid to testify in front of his or her parent
or parents.
   (B) After testimony in chambers, the parent or parents of the
child may elect to have the court reporter read back the testimony or
have the testimony summarized by counsel for the parent or parents.

   (C) The testimony of a child also may be taken in chambers and
outside the presence of the guardian or guardians of a child under
the circumstances specified in this subdivision.
   (i) (1) Any order of the court permanently terminating parental
rights under this section shall be conclusive and binding upon the
child, upon the parent or parents and upon all other persons who have
been served with citation by publication or otherwise
                           as provided in this chapter. After making
the order, the juvenile court shall have no power to set aside,
change, or modify it, except as provided in paragraph (2), but
nothing in this section shall be construed to limit the right to
appeal the order.
   (2) A child who has not been adopted after the passage of at least
three years from the date the court terminated parental rights and
for whom the court has determined that adoption is no longer the
permanent plan may petition the juvenile court to reinstate parental
rights pursuant to the procedure prescribed by Section 388. The child
may file the petition prior to the expiration of this three-year
period if the State Department of Social Services or licensed
adoption agency that is responsible for custody and supervision of
the child as described in subdivision (j) and the child stipulate
that the child is no longer likely to be adopted. A child over 12
years of age shall sign the petition in the absence of a showing of
good cause as to why the child could not do so. If it appears that
the best interests of the child may be promoted by reinstatement of
parental rights, the court shall order that a hearing be held and
shall give prior notice, or cause prior notice to be given, to the
social worker or probation officer and to the child's attorney of
record, or, if there is no attorney of record for the child, to the
child, and the child's tribe, if applicable, by means prescribed by
subdivision (c) of Section 297. The court shall order the child or
the social worker or probation officer to give prior notice of the
hearing to the child's former parent or parents whose parental rights
were terminated in the manner prescribed by subdivision (f) of
Section 294 where the recommendation is adoption. The juvenile court
shall grant the petition if it finds by clear and convincing evidence
that the child is no longer likely to be adopted and that
reinstatement of parental rights is in the child's best interest. If
the court reinstates parental rights over a child who is under 12
years of age and for whom the new permanent plan will not be
reunification with a parent or legal guardian, the court shall
specify the factual basis for its findings that it is in the best
interest of the child to reinstate parental rights. This subdivision
is intended to be retroactive and applies to any child who is under
the jurisdiction of the juvenile court at the time of the hearing
regardless of the date parental rights were terminated.
   (j) If the court, by order or judgment, declares the child free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the child referred to the State Department of Social
Services or a licensed adoption agency for adoptive placement by the
agency. However, a petition for adoption may not be granted until the
appellate rights of the natural parents have been exhausted. The
State Department of Social Services or licensed adoption agency shall
be responsible for the custody and supervision of the child and
shall be entitled to the exclusive care and control of the child at
all times until a petition for adoption is granted, except as
specified in subdivision (n). With the consent of the agency, the
court may appoint a guardian of the child, who shall serve until the
child is adopted.
   (k) Notwithstanding any other provision of law, the application of
any person who, as a relative caretaker or foster parent, has cared
for a dependent child for whom the court has approved a permanent
plan for adoption, or who has been freed for adoption, shall be given
preference with respect to that child over all other applications
for adoptive placement if the agency making the placement determines
that the child has substantial emotional ties to the relative
caretaker or foster parent and removal from the relative caretaker or
foster parent would be seriously detrimental to the child's
emotional well-being.
   As used in this subdivision, "preference" means that the
application shall be processed and, if satisfactory, the family study
shall be completed before the processing of the application of any
other person for the adoptive placement of the child.
   (l) (1) An order by the court that a hearing pursuant to this
section be held is not appealable at any time unless all of the
following apply:
   (A) A petition for extraordinary writ review was filed in a timely
manner.
   (B) The petition substantively addressed the specific issues to be
challenged and supported that challenge by an adequate record.
   (C) The petition for extraordinary writ review was summarily
denied or otherwise not decided on the merits.
   (2) Failure to file a petition for extraordinary writ review
within the period specified by rule, to substantively address the
specific issues challenged, or to support that challenge by an
adequate record shall preclude subsequent review by appeal of the
findings and orders made pursuant to this section.
   (3) The Judicial Council shall adopt rules of court, effective
January 1, 1995, to ensure all of the following:
   (A) A trial court, after issuance of an order directing a hearing
pursuant to this section be held, shall advise all parties of the
requirement of filing a petition for extraordinary writ review as set
forth in this subdivision in order to preserve any right to appeal
in these issues. This notice shall be made orally to a party if the
party is present at the time of the making of the order or by
first-class mail by the clerk of the court to the last known address
of a party not present at the time of the making of the order.
   (B) The prompt transmittal of the records from the trial court to
the appellate court.
   (C) That adequate time requirements for counsel and court
personnel exist to implement the objective of this subdivision.
   (D) That the parent or guardian, or their trial counsel or other
counsel, is charged with the responsibility of filing a petition for
extraordinary writ relief pursuant to this subdivision.
   (4) The intent of this subdivision is to do both of the following:

   (A) Make every reasonable attempt to achieve a substantive and
meritorious review by the appellate court within the time specified
in Sections 366.21 and 366.22 for holding a hearing pursuant to this
section.
   (B) Encourage the appellate court to determine all writ petitions
filed pursuant to this subdivision on their merits.
   (5) This subdivision shall only apply to cases in which an order
to set a hearing pursuant to this section is issued on or after
January 1, 1995.
   (m) Except for subdivision (j), this section shall also apply to
minors adjudged wards pursuant to Section 727.31.
   (n) (1) Notwithstanding Section 8704 of the Family Code or any
other provision of law, the court, at a hearing held pursuant to this
section or anytime thereafter, may designate a current caretaker as
a prospective adoptive parent if the child has lived with the
caretaker for at least six months, the caretaker currently expresses
a commitment to adopt the child, and the caretaker has taken at least
one step to facilitate the adoption process. In determining whether
to make that designation, the court may take into consideration
whether the caretaker is listed in the preliminary assessment
prepared by the county department in accordance with subdivision (i)
of Section 366.21 as an appropriate person to be considered as an
adoptive parent for the child and the recommendation of the State
Department of Social Services or licensed adoption agency.
   (2) For purposes of this subdivision, steps to facilitate the
adoption process include, but are not limited to, the following:
   (A) Applying for an adoption homestudy.
   (B) Cooperating with an adoption homestudy.
   (C) Being designated by the court or the licensed adoption agency
as the adoptive family.
   (D) Requesting de facto parent status.
   (E) Signing an adoptive placement agreement.
   (F) Engaging in discussions regarding a postadoption contact
agreement.
   (G) Working to overcome any impediments that have been identified
by the State Department of Social Services and the licensed adoption
agency.
   (H) Attending classes required of prospective adoptive parents.
   (3) Prior to a change in placement and as soon as possible after a
decision is made to remove a child from the home of a designated
prospective adoptive parent, the agency shall notify the court, the
designated prospective adoptive parent or the current caretaker, if
that caretaker would have met the threshold criteria to be designated
as a prospective adoptive parent pursuant to paragraph (1) on the
date of service of this notice, the child's attorney, and the child,
if the child is 10 years of age or older, of the proposal in the
manner described in Section 16010.6.
   (A) Within five court days or seven calendar days, whichever is
longer, of the date of notification, the child, the child's attorney,
or the designated prospective adoptive parent may file a petition
with the court objecting to the proposal to remove the child, or the
court, upon its own motion, may set a hearing regarding the proposal.
The court may, for good cause, extend the filing period. A caretaker
who would have met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1) on the date of
service of the notice of proposed removal of the child may file,
together with the petition under this subparagraph, a petition for an
order designating the caretaker as a prospective adoptive parent for
purposes of this subdivision.
   (B) A hearing ordered pursuant to this paragraph shall be held as
soon as possible and not later than five court days after the
petition is filed with the court or the court sets a hearing upon its
own motion, unless the court for good cause is unable to set the
matter for hearing five court days after the petition is filed, in
which case the court shall set the matter for hearing as soon as
possible. At the hearing, the court shall determine whether the
caretaker has met the threshold criteria to be designated as a
prospective adoptive parent pursuant to paragraph (1), and whether
the proposed removal of the child from the home of the designated
prospective adoptive parent is in the child's best interest, and the
child may not be removed from the home of the designated prospective
adoptive parent unless the court finds that removal is in the child's
best interest. If the court determines that the caretaker did not
meet the threshold criteria to be designated as a prospective
adoptive parent on the date of service of the notice of proposed
removal of the child, the petition objecting to the proposed removal
filed by the caretaker shall be dismissed. If the caretaker was
designated as a prospective adoptive parent prior to this hearing,
the court shall inquire into any progress made by the caretaker
towards the adoption of the child since the caretaker was designated
as a prospective adoptive parent.
   (C) A determination by the court that the caretaker is a
designated prospective adoptive parent pursuant to paragraph (1) or
subparagraph (B) does not make the caretaker a party to the
dependency proceeding nor does it confer on the caretaker any
standing to object to any other action of the department or licensed
adoption agency, unless the caretaker has been declared a de facto
parent by the court prior to the notice of removal served pursuant to
paragraph (3).
   (D) If a petition objecting to the proposal to remove the child is
not filed, and the court, upon its own motion, does not set a
hearing, the child may be removed from the home of the designated
prospective adoptive parent without a hearing.
   (4) Notwithstanding paragraph (3), if the State Department of
Social Services or a licensed adoption agency determines that the
child must be removed from the home of the caretaker who is or may be
a designated prospective adoptive parent immediately, due to a risk
of physical or emotional harm, the agency may remove the child from
that home and is not required to provide notice prior to the removal.
However, as soon as possible and not longer than two court days
after the removal, the agency shall notify the court, the caretaker
who is or may be a designated prospective adoptive parent, the child'
s attorney, and the child, if the child is 10 years of age or older,
of the removal. Within five court days or seven calendar days,
whichever is longer, of the date of notification of the removal, the
child, the child's attorney, or the caretaker who is or may be a
designated prospective adoptive parent may petition for, or the court
on its own motion may set, a noticed hearing pursuant to paragraph
(3). The court may, for good cause, extend the filing period.
   (5) Except as provided in subdivision (b) of Section 366.28, an
order by the court issued after a hearing pursuant to this
subdivision shall not be appealable.
   (6) Nothing in this section shall preclude a county child
protective services agency from fully investigating and responding to
alleged abuse or neglect of a child pursuant to Section 11165.5 of
the Penal Code.
   (7) The Judicial Council shall prepare forms to facilitate the
filing of the petitions described in this subdivision, which shall
become effective on January 1, 2006.
   (o) The implementation and operation of the amendments to
paragraph (3) of subdivision (c) and subparagraph (A) of paragraph
(4) of subdivision (c) enacted at the 2005-06 Regular Session shall
be subject to appropriation through the budget process and by phase,
as provided in Section 366.35.
  SEC. 53.  Section 727.4 of the Welfare and Institutions Code is
amended to read:
   727.4.  (a) (1) Notice of any hearing pursuant to Section 727,
727.2, or 727.3 shall be mailed by the probation officer to the
minor, the minor's parent or guardian, any adult provider of care to
the minor including, but not limited to, foster parents, relative
caregivers, preadoptive parents, community care facility, or foster
family agency, and to the counsel of record if the counsel of record
was not present at the time that the hearing was set by the court, by
first-class mail addressed to the last known address of the person
to be notified, or shall be personally served on those persons, not
earlier than 30 days nor later than 15 days preceding the date of the
hearing. The notice shall contain a statement regarding the nature
of the status review or permanency planning hearing and any change in
the custody or status of the minor being recommended by the
probation department. The notice shall also include a statement
informing the foster parents, relative caregivers, or preadoptive
parents that he or she may attend all hearings or may submit any
information he or she deems relevant to the court in writing. The
foster parents, relative caregiver, and preadoptive parents are
entitled to notice and opportunity to be heard but need not be made
parties to the proceedings. Proof of notice shall be filed with the
court.
   (2) If the court or probation officer knows or has reason to know
that the minor is or may be an Indian child, any notice sent under
this section shall comply with the requirements of Section 224.2.
   (b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the court
orders that the care, custody and control of the minor to be under
the supervision of the probation officer for placement pursuant to
subdivision (a) of Section 727, the probation officer shall file a
social study report with the court, pursuant to the requirements
listed in Section 706.5.
   (c) The probation department shall inform the minor, the minor's
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days prior
to the hearing and may be obtained from the probation officer.
   (d) As used in Article 15 (commencing with Section 625) to Article
18 (commencing with Section 725), inclusive:
   (1) "Foster care" means residential care provided in any of the
settings described in Section 11402.
   (2) "At risk of entering foster care" means that conditions within
a minor's family may necessitate his or her entry into foster care
unless those conditions are resolved.
   (3) "Preadoptive parent" means a licensed foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency.
   (4) "Date of entry into foster care" means the date that is 60
days after the date on which the minor was removed from his or her
home, unless one of the exceptions below applies:
   (A) If the minor is detained pending foster care placement, and
remains detained for more than 60 days, then the date of entry into
foster care means the date the court adjudges the minor a ward and
orders the minor placed in foster care under the supervision of the
probation officer.
   (B) If, before the minor is placed in foster care, the minor is
committed to a ranch, camp, school, or other institution pending
placement, and remains in that facility for more than 60 days, then
the "date of entry into foster care" is the date the minor is
physically placed in foster care.
   (C) If at the time the wardship petition was filed, the minor was
a dependent of the juvenile court and in out-of-home placement, then
the "date of entry into foster care" is the earlier of the date the
juvenile court made a finding of abuse or neglect, or 60 days after
the date on which the child was removed from his or her home.
   (5) "Reasonable efforts" means:
   (A) Efforts made to prevent or eliminate the need for removing the
minor from the minor's home.
   (B) Efforts to make it possible for the minor to return home,
including, but not limited to, case management, counseling, parenting
training, mentoring programs, vocational training, educational
services, substance abuse treatment, transportation, and therapeutic
day services.
   (C) Efforts to complete whatever steps are necessary to finalize a
permanent plan for the minor.
   (D) In child custody proceedings involving an Indian child,
"reasonable efforts" shall also include "active efforts" as defined
in Section 361.7.
   (6) "Relative" means an adult who is related to the minor by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution. "Relative" shall also include an "extended
family member" as defined in the Indian Child Welfare Act (25 U.S.C.
Sec. 1903(2)).
   (7) "Hearing" means a noticed proceeding with findings and orders
that are made on a case-by-case basis, heard by either of the
following:
   (A) A judicial officer, in a courtroom, recorded by a court
reporter.
   (B) An administrative panel, provided that the hearing is a status
review hearing and that the administrative panel meets the following
conditions:
   (i) The administrative review shall be open to participation by
the minor and parents or legal guardians and all those persons
entitled to notice under subdivision (a).
   (ii) The minor and his or her parents or legal guardians receive
proper notice as required in subdivision (a).
   (iii) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services to,
the minor or the parents who are the subjects of the review.
   (iv) The findings of the administrative review panel shall be
submitted to the juvenile court for the court's approval and shall
become part of the official court record.
  SEC. 54.  Section 10553.1 of the Welfare and Institutions Code is
amended to read:
   10553.1.  (a) Notwithstanding any other provision of law, the
director may enter into an agreement, in accordance with Section 1919
of Title 25 of the United States Code, with any California Indian
tribe or any out-of-state Indian tribe regarding the care and custody
of Indian children and jurisdiction over Indian child custody
proceedings, including, but not limited to, agreements that provide
for orderly transfer of jurisdiction on a case-by-case basis, for
exclusive tribal or state jurisdiction, or for concurrent
jurisdiction between the state and tribes.
   (b) (1) An agreement under subdivision (a) regarding the care and
custody of Indian children shall provide for the delegation to the
tribe or tribes of the responsibility that would otherwise be the
responsibility of the county for the provision of child welfare
services or assistance payments under the AFDC-FC program, or both.
   (2) An agreement under subdivision (a) concerning the provision of
child welfare services shall ensure that a tribe meets current
service delivery standards provided for under Chapter 5 (commencing
with Section 16500) of Part 4, and provides the local matching share
of costs required by Section 10101.
   (3) An agreement under subdivision (a) concerning assistance
payments under the AFDC-FC program shall ensure that a tribe meets
current foster care standards provided for under Article 5
(commencing with Section 11400) of Chapter 2 of Part 3, and provides
the local matching share of costs required by Section 15200.
   (c) Upon the implementation date of an agreement authorized by
subdivision (b), the county that would otherwise be responsible for
providing the child welfare services or AFDC-FC payments specified in
the agreement as being provided by the tribe shall no longer be
subject to that responsibility to children served under the
agreement.
   (d) Upon the effective date of an agreement authorized by
subdivision (b), the tribe shall comply with fiscal reporting
requirements specified by the department for federal and state
reimbursement child welfare or AFDC-FC services.
   (e) An Indian tribe that is a party to an agreement under
subdivision (a), shall, in accordance with the agreement, be eligible
to receive allocations of child welfare services funds pursuant to
Section 10102.
   (f) Implementation of an agreement under subdivision (a) may not
be construed to impose liability upon, or to require indemnification
by, the participating county or the State of California for any act
or omission performed by an officer, agent, or employee of the
participating tribe pursuant to this section.
  SEC. 55.  Section 16507.4 of the Welfare and Institutions Code is
amended to read:
   16507.4.  (a) Notwithstanding any other provisions of this
chapter, voluntary family reunification services shall be provided
without fee to families who qualify, or would qualify if application
had been made therefor, as recipients of public assistance under the
Aid to Families with Dependent Children program. If the family is not
qualified for aid, voluntary family reunification services may be
utilized, provided that the county seeks reimbursement from the
parent or guardian on a statewide sliding scale according to income
as determined by the State Department of Social Services and approved
by the Department of Finance.
   (b) An out-of-home placement of a minor without adjudication by
the juvenile court may occur only when all of the following
conditions exist:
   (1) There is a mutual decision between the child's parent or
guardian and the county welfare department in accordance with
regulations promulgated by the State Department of Social Services.
   (2) There is a written agreement between the county welfare
department and the parent or guardian specifying the terms of the
voluntary placement. The State Department of Social Services shall
develop a form for voluntary placement agreements which shall be used
by all counties. The form shall indicate that foster care under the
Aid to Families with Dependent Children program is available to those
children.
   (3) In the case of an Indian child, in accordance with Section
1913 of the Indian Child Welfare Act (25 U.S.C.  Sec. 1901 et seq.),
the following criteria are met:
   (A) The parent or Indian custodian's consent to the voluntary
out-of-home placement is executed in writing at least 10 days after
the child's birth and recorded before a judge.
   (B) The judge certifies that the terms and consequences of the
consent were fully explained in detail in English and were fully
understood by the parent or that they were interpreted into a
language that the parent understood.
   (C) A parent of an Indian child may withdraw his or her consent
for any reason at any time and the child shall be returned to the
parent.
   (c) In the case of a voluntary placement pending relinquishment, a
county welfare department shall have the option of delegating to a
licensed private adoption agency the responsibility for placement by
the county welfare department. If such a delegation occurs, the
voluntary placement agreement shall be signed by the county welfare
department, the child's parent or guardian, and the licensed private
adoption agency.
   (d) The State Department of Social Services shall amend its plan
pursuant to Part E (commencing with Section 670) of Subchapter IV of
Chapter 7 of Title 42 of the United States Code in order to conform
to mandates of Public Law 96-272 for federal financial participation
in voluntary placements.
  SEC. 56.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.

  SEC. 57.  (a) Section 42.5 of this bill incorporates amendments to
Section 295 of the Welfare and Institutions Code proposed by both
this bill and Senate Bill 1667. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2007, (2) each bill amends Section 295 of the Welfare and
Institutions Code, and (3) this bill is enacted after Senate Bill
1667, in which case Section 42 of this bill shall not become
operative.
   (b) Section 46.5 of this bill incorporates amendments to Section
317 of the Welfare and Institutions Code proposed by both this bill
and Assembly Bill 2480. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2007,
(2) each bill amends Section 317 of the Welfare and Institutions
Code, and (3) this bill is
enacted after Assembly Bill 2480, in which case Section 46 of this
bill shall not become operative.