California Indian Legal Services – 2012
An overview of California law and procedures for handling Indian child custody cases subject to the Indian Child Welfare Act (ICWA). Presents background on the history, key principles, and application of ICWA. Discusses jurisdiction under the Act, notice, intervention, evidentiary requirements, Indian child placement, invalidation, dependency and delinquency proceedings, and guardianship and family law proceedings. Contains an ICWA resource directory. Appendices contain text of the Act, Bureau of Indian Affairs guidelines for Indian child custody proceedings in state courts, and text of California laws related to ICWA, the custody of Indian children, and tribal customary adoption. Also contains text of official communications from the California Department of Social Services on changes to state law related to tribal customary adoption, the use of expert witnesses as required by ICWA, conducting adoption proceedings in relation to ICWA, the use of tribally approved foster homes, tribal-state intergovernmental agreements, and ICWA frequently asked questions.
