California Welfare and Institutions Code

§ 224

WIC § 224 Effective Sep 27, 2024Div. 2 · Part 1 · Ch. 2 · Art. 1

Statute text

(a)The Legislature finds and declares the following:

(1)Federally recognized tribes are sovereign nations with inherent rights to self-governance. Federally recognized tribes have the sole authority to determine their tribal membership or citizenship, and this includes the right to regulate domestic relations involving their members or citizens. The federal government recognizes its trust relationship with federally recognized tribes and the unique political status of federally recognized tribes and their members or citizens. It is the policy of the State of California to support, protect, and uplift inherent tribal sovereignty. Tribes have been protecting and caring for their children from time immemorial. The State of California is committed to protecting essential tribal relations and the political status of federally recognized tribes by recognizing a tribe’s right to protect the health, safety, and welfare of its members or citizens.

(2)There is no resource that is more vital to the continued existence and integrity of Indian tribes than their children, and the State of California has an interest in protecting Indian children, as defined in subdivision (b) of Section 224.1. Child welfare and juvenile justice data demonstrates that Indian children involved in the child welfare and juvenile justice systems have better outcomes when they are connected to their family, extended family, tribe, Indian community, and culture. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) and other applicable state and federal law, designed to prevent their involuntary out-of-home placement and, whenever that placement is necessary, 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.

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Legislative history

Amended by Stats. 2024, Ch. 656, Sec. 1. (AB 81) Effective September 27, 2024.