Probate Code

Division 4. Guardianship, Conservatorship, and Other Protective Proceedings

Part 2. Guardianship

Chapter 1. Establishment of Guardianship

Article 1. Nomination of Guardian

§ 1500.1. Consent by Indian child's parent; requirements

(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.

CREDIT(S)

(Added by Stats.2006, c. 838 (S.B.678), § 21.)