| Cal.Fam.Code § 175
1. Preliminary Provisions and Definitions
Part 3. Indian Children
175. Legislative findings and declarations
(a) The Legislature finds and declares the following:
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.
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:
Whether the child is in the physical custody of an
Indian parent or Indian custodian at the commencement of a
child custody proceeding.
Whether the parental rights of the child's parents have been
Where the child has resided or been domiciled.
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.
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.
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.
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.).
by Stats.2006, c. 838 (S.B.678), §