| Cal.Welf. & Inst.Code § 306.6
and Institutions Code
Part 1. Delinquents and Wards of the Juvenile Court
Chapter 2. Juvenile Court Law
Article 7. Dependent Children--Temporary Custody and Detention
306.6. Indian child of tribe not recognized to have tribal
status under federal law; tribal participation at hearings
(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
If the court permits a tribe to participate in a
proceeding, the tribe may do all of the following, upon
consent of the court:
Be present at the hearing.
Address the court.
Request and receive notice of hearings.
Request to examine court documents relating to the proceeding.
Present information to the court that is relevant to the
Submit written reports and recommendations to the court.
Perform other duties and responsibilities as requested or approved by
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.
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.
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).
by Stats.2006, c. 838 (S.B.678), §