BILL ANALYSIS
SB 678
Page 1
Date of Hearing: August 9, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
SB 678 (Ducheny) - As Amended: June 26, 2006
Policy Committee: JudiciaryVote:9 -
0
Human Services 5 - 0
Urgency: Yes State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill codifies provisions of the Federal Indian Child
Welfare Act (CWA), state court guidelines from the Bureau of
Indian Affairs and current Rules of Court regarding the rights
and protections for Indian children in dependency and probate
hearings.
FISCAL EFFECT
1)Court costs for this legislation would likely be in excess of
$500,000. While this bill essentially codifies current federal
requirements, it does broaden the interpretation of current
laws. Primarily, court costs will include additional noticing
requirements for tribes and tribal representatives, extended
hearings and additional expert testimony.
2)Administrative costs for the Department of Social Services to
maintain records of each Indian foster care and adoptive
placement should be minimal and absorbable because the
requirements in this bill are generally current practice.
3)This legislation constitutes a reimbursable state mandate to
the extent that additional workload is imposed upon social
workers and other county employees. However, given that these
requirements are now federal law and largely current practice,
it is unlikely that there will be any local mandate costs.
COMMENTS
1)Rationale . This bill, sponsored by California Indian Legal
SB 678
Page 2
Services, is an attempt to update portions of the Family,
Probate, and Welfare and Institutions Codes that pertain to
custody, dependency, and probate proceedings concerning Indian
children.
According to the author, California has never fully
implemented the ICWA and as a result, court proceedings
concerning Indian children are unnecessarily complicated
because parties must look to state statutes, federal statutes
and regulations, court rules and Bureau of Indian Affairs
issued guidelines in order to determine how to comply with the
ICWA.
2)Federal Law . In response to reports that approximately 25 to
35 percent of all Indian children were removed from their
families by state child welfare agencies and state courts and
placed in foster or adoptive homes and institutions, Congress
enacted the ICWA in 1978. The goal of the ICWA was to "protect
the best interests of Indian children and to promote the
stability and security of Indian tribes and families." In
doing so, Congress recognized that states "often failed to
recognize the essential tribal relations of Indian people and
the cultural and social standards prevailing in Indian
communities and families" and that the removal of Indian
children was "often unwarranted."
ICWA establishes minimum standards that state courts must
follow when removing Indian children from their homes and
placing them in foster care or adoptive homes. ICWA does not
prevent Congress or any state from establishing higher
standards and expressly recognizes that where Congress or a
state has done so, the higher standards shall prevail.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081