California Welfare and Institutions Code

§ 361.31

WIC § 361.31 Effective Jan 1, 2026Div. 2 · Part 1 · Ch. 2 · Art. 10

Statute text

(a)If an Indian child is removed from the physical custody of their parents or Indian custodian pursuant to Section 361, the child’s placement shall comply with this section. The placement shall be analyzed each time there is a change in placement.

(b)Any foster care or guardianship placement of an Indian child, or any emergency removal of a child who is known to be, or if there is reason to know that the child is, an Indian child shall be in the least restrictive setting that most approximates a family situation and in which the child’s special needs, if any, may be met. The child shall also be placed within reasonable proximity to the child’s home, taking into account any special needs of the child. Preference shall be given to the child’s placement with one of the following, in descending priority order:

(1)A member of the child’s extended family, as defined in subdivision (c) of Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).

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Legislative history

Amended by Stats. 2025, Ch. 67, Sec. 187. (AB 1170) Effective January 1, 2026.