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<ns0:Id>20250AB__182499INT</ns0:Id>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-11</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Ramos</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Ramos</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 1460, 1474, 1500.1, 1510, 1511, 1513, 1513.2, 1516.5, and 2250 of, to add Sections 1459.1, 1459.2, 1459.3, 1459.4, 1459.6, and 1459.7 to, to repeal Section 1460.2 of, and to repeal and add Sections 1449, 1459, 1459.5 to, the Probate Code, relating to Indian children. </ns0:Title>
<ns0:RelatingClause>Indian children</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Indian children: guardianship or conservatorship proceedings.</ns0:Subject>
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<html:p>
(1)
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Existing federal law, the Indian Child Welfare Act (ICWA), governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child’s parent or guardian. Existing law states findings and declarations of the Legislature regarding Indian children, including that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with the ICWA, and it is in the interest of an Indian child that the child’s membership or citizenship in the child’s Indian tribe and connection to the tribal community be encouraged and protected, and requires the court to consider those findings in all Indian child custody proceedings.
</html:p>
<html:p>This bill would additionally state that the State of California is committed to
protecting essential tribal relations by recognizing a tribe’s right to protect the health, safety, and welfare of its citizens.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing provisions of state law govern guardianship and conservatorship proceedings. Existing law provides various definitions for these purposes, including “Indian child,” as defined in the ICWA, and sets forth requirements for proceedings involving Indian children. Existing law requires, if the subject of a petition is or may be an Indian child, that the petition state that fact.
</html:p>
<html:p>This bill would define various terms consistent with provisions of the ICWA and for purposes of guardianship and conservator proceedings. The bill would also make conforming changes.</html:p>
<html:p>This bill would require, if the subject of a petition is or may be an Indian child, that the petition include specified information, including the reasons to know or
believe the child of the petition is or may be an Indian child and the efforts taken to prevent the need for the appointment of the guardian.</html:p>
<html:p>The bill would specify that the court or a petitioner has a duty to inquire whether the child is or may be an Indian child when first filing a petitioner for guardianship or conservatorship. The bill would require a court presiding over any guardianship or conservatorship proceeding that could result in placement of an Indian child with someone other than a parent or Indian custodian, to inquire at the first hearing on a petition whether the child is, or may be, an Indian child, as specified.</html:p>
<html:p>This bill would require that, in any proceeding involving an Indian child, a party seeking placement of an Indian child provide evidence to the court that active efforts, as defined, have been made to prevent the breakup of the Indian family and efforts have been unsuccessful. The bill would also
require the initial and any subsequent placement of the child comply with specified placement preferences. To the extent this requirement would impose additional duties on county employees, this bill would impose a state-mandated local program.</html:p>
<html:p>This bill would require the testimony of a qualified expert witness in a proceeding involving an Indian child in specified circumstances, including testimony that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.</html:p>
<html:p>This bill would specify notice requirements for proceedings involving Indian children, and set forth procedures for transfer of a case to jurisdiction of the child’s tribe.</html:p>
<html:p>This bill, in a proceeding involving a child who would otherwise be an Indian child, but is not, based on the child’s Indian tribe not having federal recognition, would
authorize the court to permit the tribe to participate in the proceeding upon request from the tribe.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Under existing law, in an Indian child custody proceeding, when it appears to the court that a parent or Indian custodian desires counsel but is unable to afford and hire counsel, the federal law and regulations authorizing the appointment of counsel applies, as specified. Federal law requires the appointment of counsel for the parent or Indian custodian in any removal, placement, or termination proceeding, in which the court determines the parent or Indian custodian is indigent.
</html:p>
<html:p>This bill would require the court to appoint counsel for the parent or Indian custodian when it appears to the court that a parent or Indian custodian in an Indian child custody proceeding cannot afford to hire counsel and desires to have counsel for the proceedings.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law, if the petitioner or proposed guardian has knowledge of any pending adoption, juvenile court, marriage dissolution, domestic relations, custody, or other similar proceeding affecting the child who is the subject of the petition, requires the petition to disclose the pending proceeding.
</html:p>
<html:p>This bill would additionally require a petitioner or proposed guardian to disclose an investigation by a county welfare agency regarding the safety of the child in a petition.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for
those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_71D44C74-C17C-4D23-BA5C-8664D4F388F2">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 1449 of the
<ns0:DocName>Probate Code</ns0:DocName>
is repealed.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 1449 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
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<ns0:Num>1449.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this division, unless the context otherwise requires, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Indian” means any person who is a member or citizen of an Indian tribe, as defined in paragraph (5), or who is an Alaska Native and a member or citizen of a Regional Corporation as defined in Section 1606 of Title 43 of the United States Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Indian child” means any unmarried person who is under 18 years of age and who is either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A member or citizen of an Indian tribe.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Eligible for membership or citizenship in an
Indian tribe and is a biological child of a member or citizen of an Indian tribe.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Indian custodian” means an Indian who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the parent of that child.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Indian organization” means a group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Indian tribe” means an Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in subdivision (c) of Section 1602 of Title 43 of the
United States Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Reservation” has the same meaning as “Indian country” as defined in Section 1151 of Title 18 of the United States Code, and any lands that are not covered under Section 1151 and the title to which is either held by the United States in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Tribal court” means a court with jurisdiction over child custody proceedings, and that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As used in connection with a proceeding involving an Indian child, the following
definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Extended family member” has the same meaning as defined by the law or custom of the Indian child’s tribe or, in the absence of such law or custom, shall be a person who has reached 18 years of age and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Parent” means a biological parent or parents of an Indian child or an Indian who has lawfully adopted an Indian child, including adoptions under tribal law or custom.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Indian child’s tribe” means the Indian tribe in which an Indian child is a member or citizen or eligible for membership or citizenship, or in the case of an Indian child who is a member or citizen of, or eligible for membership or
citizenship in, more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the case of an Indian child who meets the definition of “Indian child” through more than one tribe, deference should be given to the tribe of which the Indian child is already a member or citizen, unless otherwise agreed to by the tribes.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If an Indian child meets the definition of “Indian child” through more than one tribe because the child is a member or citizen of more than one tribe or the child is not a member or citizen, but is eligible for membership or citizenship in more than one tribe, the court shall provide the tribes the opportunity to determine which tribe shall be designated as the Indian child’s tribe.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the tribes are able to reach an
agreement, the agreed-upon tribe shall be designated as the Indian child’s tribe.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the tribes are unable to reach an agreement, the court shall designate as the Indian child’s tribe, the tribe with which the Indian child has the more significant contacts, taking into consideration all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Preference of the parents for membership or citizenship of the child.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Length of past domicile or residence on or near the reservation of each tribe.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Tribal membership or citizenship of the child’s custodial parent or Indian custodian.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Interest asserted by each tribe in the child custody proceeding.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Whether there has been a previous adjudication with respect to the child by a court of one of the tribes.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
Self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If an Indian child becomes a member or citizen of a tribe other than the one designated by the court as the Indian child’s tribe under clause (iii) of subparagraph (C), actions taken based on the court’s determination prior to the child’s becoming a tribal member or citizen continue to be valid.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A determination of the Indian child’s tribe for purposes of the federal Indian Child Welfare Act (25 U.S.C. 1901 et seq.) and pursuant to these provisions for purposes of proceeding involving an Indian child does not constitute a determination for any other purpose.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Active efforts” means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. To the maximum extent possible, active efforts shall be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe and shall be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians, and tribe. Active efforts shall be tailored to the facts and circumstances of the case and may include, but are not limited to, any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Conducting a comprehensive assessment of the circumstances of the Indian child’s family, with a focus on safe reunification as the most desirable goal.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Identifying appropriate services and helping the
parents overcome barriers, including actively assisting the parents in obtaining those services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Identifying, notifying, and inviting representatives of the Indian child’s tribe to participate in providing support and services to the Indian child’s family and in family team meetings, permanency planning, and resolution of placement issues.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Conducting or causing to be conducted a diligent search for the Indian child’s extended family members, and contacting and consulting with extended family members regarding possible placements and to provide family structure and support for the Indian child and the Indian child’s parents.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Offering and employing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child’s
tribe.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Taking steps to keep siblings together whenever possible.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Supporting regular visits with parents or Indian custodians in the most natural setting possible, as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the child.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Identifying community resources, including housing, financial assistance, transportation, mental health and substance abuse services, and peer support services, and actively assisting the Indian child’s parents or, when appropriate, the child’s family, in utilizing and accessing those resources.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Monitoring progress and participation in services.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Considering alternative ways to address the needs of the Indian child’s parents and, where appropriate, the family, if the optimum services do not exist or are not available.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Bureau of Indian Affairs” means the Bureau of Indian Affairs of the United States Department of the Interior.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Continued custody” means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law, that a parent or Indian custodian already has or had at any time in the past. The biological mother of an Indian child is deemed to have had custody of the Indian child.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Custody” means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Domicile” means
either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a parent, Indian custodian, or legal guardian, the place that a person has been physically present and that the person regards as home. This includes a person’s true, fixed, principal, and permanent home, to which that person intends to return and remain indefinitely even though the person may be currently residing elsewhere.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For an Indian child, the domicile of the Indian child’s parents, Indian custodian, or legal guardian. In the case of an Indian child whose parents are not married to each other, the domicile of the Indian child means the domicile of the Indian child’s custodial parent.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Involuntary proceeding” means a guardianship or conservatorship proceeding involving an Indian child.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Placement
preferences” means the following preferred order of placement in any guardianship or conservatorship and the requirements for any deviation from the preferred order:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A guardianship or conservatorship placement of an Indian child, or 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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A member of the child’s extended family, as defined in paragraph (1) and in Section 1903 of the federal Indian Child Welfare Act.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A foster home licensed, approved, or specified by the child’s Indian tribe.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An Indian foster home licensed or approved by an authorized non-Indian licensing authority.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child’s needs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In an adoptive placement of an Indian child, preference shall be given to a placement with one of the following, in descending priority order:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A member of the child’s extended family, as defined in paragraph (1) and in Section 1903 of the federal Indian Child Welfare Act.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Other members
or citizens of the child’s Indian tribe.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Another Indian family.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding the placement preferences listed in subparagraphs (A) and (B), if a different order of placement preference is established by the child’s Indian tribe, the court shall give full faith and credit to the preference established by the tribe, as they would to the laws of another state under the United States Constitution, and the person or agency effecting the placement shall follow that order of preference, so long as the placement is the least restrictive setting appropriate to the particular needs of the child.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
When appropriate, the placement preference of the Indian child, if of sufficient age, or parent shall be considered. In applying the preferences, a consenting parent’s request for anonymity shall also be given weight
by the court or agency effecting the placement.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside, or with which the parent or extended family members maintain social and cultural ties, or the prevailing social and cultural standards of the Indian child’s tribe shall be applied in meeting the placement preferences under this section. A determination of the applicable prevailing social and cultural standards may be confirmed by the Indian child’s tribe or by the testimony or other documented support of a qualified expert witness, as described in subdivision (f) of Section 1459.5, who is knowledgeable regarding the social and cultural standards of the Indian community.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A person, county welfare agency, or probation department involved in the placement of an Indian child shall conduct a
diligent search for placements that meet the placement preferences and use the services of the Indian child’s tribe, when available through the tribe, in seeking to secure placement within the order of placement preference and in the supervision of the placement. The responsibility for seeking a placement consistent with paragraphs (A), (B), and (C) shall remain with the person, county welfare agency, or probation department seeking the placement.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
If a party asserts that there exists good cause not to follow the placement preferences, the reason for that assertion shall be stated orally on the record or provided in writing to the parties to the proceeding involving an Indian child and to the court.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The party seeking departure from the placement preferences shall bear the burden of proving by clear and convincing evidence that there is good cause to depart from the
placement preferences.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A state court’s determination of good cause to depart from the placement preferences shall be made on the record or in writing and shall be based on one or more of the following considerations:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The request of one or both of the Indian child’s parents, if they attest that they have reviewed the placement options, if any, that comply with the order of preference.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The request of the child, if the child is of sufficient age and capacity to understand the decision that is being made.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The presence of a sibling attachment that can be maintained only through a particular placement.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The extraordinary physical, mental, or emotional needs of the Indian
child, including specialized treatment services that may be unavailable in the community where families who meet the placement preferences live.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The unavailability of a suitable placement after a determination by the court that a diligent search was conducted. For purposes of this paragraph, the standard for determining whether a placement is unavailable shall conform to the prevailing social and cultural standards of the Indian community in which the Indian child’s parent or extended family resides or with which the Indian child’s parent or extended family members maintain social and cultural ties.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A placement shall not depart from the preferences based on the socioeconomic status of any placement relative to another placement.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
A placement shall not depart from the preferences based solely on ordinary
bonding or attachment that flowed from time spent in a nonpreferred placement that was made in violation of the federal Indian Child Welfare Act.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_76FD91A7-72FC-4888-B30D-1AE6357CECB6">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 1459 of the
<ns0:DocName>Probate Code</ns0:DocName>
is repealed.
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</ns0:BillSection>
<ns0:BillSection id="id_07170FE4-9E82-49B2-9A67-4E81B7FF6D2A">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 1459 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7F5A8F28-72A1-47EA-84C3-F58DEFFFE430">
<ns0:Num>1459.</ns0:Num>
<ns0:LawSectionVersion id="id_BB58590A-39CF-4536-B529-F2C18974BA07">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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 Section 1449. 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 (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 such 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is in the interest of an Indian child that the child’s membership or citizenship in the child’s Indian tribe and connection to the tribal community be encouraged and protected, regardless of whether the child is in the physical custody of an Indian parent or Indian custodian at the commencement of a proceeding involving an Indian child, the parental rights of the child’s parents have been terminated, or where the child has resided or been domiciled.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Despite the passage of the federal Indian Child Welfare Act, Senate Bill 678 (Chapter 838 of the Statutes of 2006), and Assembly Bill 3176 (Chapter 833 of the Statutes of 2018), California continues to experience inconsistent implementation of the federal Indian Child Welfare Act and its related state law
protections, thus continuing the harm and breakup of Indian families. Variation in practice undermines tribal sovereignty, furthers destructive impacts on tribes and tribal communities, puts the lives of Indian children and families at disproportionate risk for multiple adverse outcomes, and fails to address systemic racism.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is the intent of the Legislature to create a comprehensive act to protect and preserve Indian families in California and to aid in improving implementation of applicable state and federal laws. This act will retain California’s heightened standards, protections, and services and supports for Indian children.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In all proceedings involving an Indian child, as defined in the federal Indian Child Welfare Act and in Section 1449, 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 other applicable federal law, and seek to protect the best interest of the child. Whenever an Indian child is removed from a guardianship or conservatorship placement for the purpose of further guardianship or conservatorship placement, placement of the child shall be placed in accordance with the federal Indian Child Welfare Act and other applicable state and federal law.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A determination by an Indian tribe that an unmarried person, who is under 18 years of age, is either (1) a member or citizen of an Indian tribe or (2) eligible for membership or citizenship in an Indian tribe and a biological child of a member or citizen 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 and other applicable state and federal law to the proceedings.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In all proceedings involving an Indian child as defined in the federal Indian Child Welfare Act and in Section 1449, the Indian child’s tribe shall have the right to examine all reports or other documents filed with the court, including, but not limited to, the reports or other documents upon which any decision to place the Indian child in the custody of someone other than a parent or Indian custodian will be based.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
When 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 federal Indian Child Welfare Act, the court shall apply the higher standard.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
An 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 a proceeding involving an Indian child for guardianship or conservatorship placement if the action violated Section 1911, 1912, or 1913 of the federal Indian Child Welfare Act.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This legislation is necessary to realign California guardianships and conservatorships of Indian children with the core purpose of the federal Indian Child Welfare Act to prevent the unnecessary breakup of Indian families, to safeguard due process for parents and children, and to ensure Indian tribes are treated as sovereign parties rather than afterthought participants in proceedings under this code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_320F0E09-8DF5-4CFE-AE5E-5D97CA52907B">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 1459.1 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CCF3D4D4-6E55-45A5-8B11-6C672B3A61E8">
<ns0:Num>1459.1.</ns0:Num>
<ns0:LawSectionVersion id="id_A119A8C5-3987-47A4-8012-A288C1251D99">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and the relevant provisions of the California Indian Child Welfare Act, as described in subdivision (c) of Section 224 of the Welfare and Institutions Code, apply to guardianship or conservatorship proceedings under this division when the proposed ward or conservatee is an Indian child as defined in Section 1449.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court and petitioner have an affirmative and continuing duty to inquire whether a child for whom a petition under Section 1510, 1820, or 2250 may be or has been filed, is or may be an Indian child.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The duty to inquire begins for a petitioner when filing a petition
under this division, including guardianship or conservatorship proceedings.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Inquiry includes, but is not limited to, asking the child, parents, legal guardian, Indian custodian, extended family members, and others who have an interest in the child whether the child is, or may be, an Indian child and where the child, the parents, or Indian custodian is domiciled.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a court presiding over a proceeding that could result in placement of an Indian child with someone other than a parent or Indian custodian, including proceedings where the parents or Indian custodian have voluntarily consented to placement of the child, the duty to inquire begins at the first hearing on a petition.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
At the commencement of the hearing, the court shall ask each party to the proceeding and all other
interested persons present whether the child is, or may be, an Indian child, whether they know or have reason to know that the child is an Indian child, and where the child, the parents, or Indian custodian are domiciled, as defined in Section 1449. Inquiry shall also be made at the first appearance in court of each party or interested person who was not present at the first hearing on the petition.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The inquiry and responses shall occur on the record. The court shall instruct the parties and persons present to inform the court if they subsequently receive information that provides reason to know the child is, or may be, an Indian child.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
There is reason to know a child involved in a proceeding is an Indian child under any of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A person having an interest in the child, including
the child, an officer of the court, a tribe, an Indian organization, a public or private agency, or a member of the child’s extended family informs the court that the child is an Indian child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The residence or domicile of the child, the child’s parents, or Indian custodian is on a reservation or in an Alaska Native village, as defined in subdivision (c) of Section 1602 of Title 43 of the United States Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any participant in the proceeding, officer of the court, Indian tribe, Indian organization, or agency informs the court that it has discovered information indicating that the child is an Indian child.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The child who is the subject of the proceeding gives the court reason to know that the child is an Indian child.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The court is informed
that the child is or has been a ward of a tribal court.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The court is informed that either the parent or the child possesses an identification card indicating membership or citizenship in an Indian tribe.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the court or the petitioner has reason to believe that an Indian child is involved in a proceeding, but does not have sufficient information to determine that there is reason to know that the child is an Indian child, the court or the petitioner shall make further inquiry regarding the possible Indian status of the child, and shall make that inquiry as soon as practicable.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
There is reason to believe a child involved in a proceeding is an Indian child when the court or petitioner has information suggesting that either the parent of the child or the child is a member or citizen,
or may be eligible for membership or citizenship, in an Indian tribe. Information suggesting membership or eligibility for membership includes, but is not limited to, information that indicates, but does not establish, the existence of one or more of the grounds for reason to know enumerated in paragraphs (1) to (6), inclusive, of subdivision (e).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When there is reason to believe the child is an Indian child, further inquiry is necessary to help the court or petitioner determine whether there is reason to know a child is an Indian child. Further inquiry includes, but is not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Interviewing the parents, Indian custodian, and extended family members to gather the information described in paragraph (5) of subdivision (a) of Section 1459.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Contacting the Bureau of Indian Affairs
and the State Department of Social Services for assistance in identifying the names and contact information of the tribes in which the child may be a member or citizen, or eligible for membership or citizenship, and contacting the tribes and any other person that may reasonably be expected to have information regarding the child’s membership status or eligibility.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Contacting the tribe or tribes and any other person that may reasonably be expected to have information regarding the child’s membership, citizenship status, or eligibility. Contact with a tribe shall, at a minimum, include telephone, facsimile, or electronic mail contact to each tribe’s designated agent for receipt of notices under the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). Contact with a tribe shall include sharing information identified by the tribe as necessary for the tribe to make a membership or citizenship eligibility determination, as well as
information on the current status of the child and the case.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If there is reason to know, as set forth in subdivision (e), that the child is an Indian child, the party seeking placement with someone other than a parent or Indian custodian shall provide notice in accordance with Section 1459.2.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If there is reason to know the child is an Indian child, but the court does not have sufficient evidence to determine that the child is or is not an Indian child, the court shall confirm, by way of a report, declaration, or testimony included in the record that the party used due diligence to identify and work with all of the tribes of which there is reason to know the child may be a member or citizen, or eligible for membership or citizenship, to verify whether the child is in fact a member or whether a biological parent is a member and the child is eligible for membership or
citizenship.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A determination by an Indian tribe that a child is or is not a member or citizen of, or eligible for membership or citizenship in, that tribe, or testimony attesting to that status by a person authorized by the tribe to provide that determination, shall be conclusive. Information that the child is not enrolled, or is not eligible for enrollment in, the tribe is not determinative of the child’s membership or citizenship status unless the tribe also confirms in writing that enrollment is a prerequisite for membership or citizenship under tribal law or custom.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When there is reason to know that the child is an Indian child, the court shall treat the child as an Indian child unless and until the court determines on the record and after review of the report of due diligence as described in subdivision (h), and a review of the copies of
notice, return receipts, and tribal responses required pursuant to Section 1459.2, that the child does not meet the definition of an Indian child as used in Section 1449 and the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court makes a finding that proper and adequate further inquiry and due diligence as required in this section have been conducted and there is no reason to know whether the child is an Indian child, the court may make a finding that the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply to the proceedings, subject to reversal based on sufficiency of the evidence. The court shall reverse its determination if it subsequently receives information providing reason to believe that the child is an Indian child and order the petitioner to conduct further inquiry as described in paragraph (2) of subdivision (f).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Notwithstanding a determination that the federal Indian Child Welfare Act does not apply to the proceedings, if the court or the petitioner subsequently receives any information required by Section 1459.2 that was not previously available or included in the notice issued under Section 1459.2, the party seeking placement shall provide the additional information to any tribes entitled to notice under Section 1459.2 and to the United States Secretary of the Interior’s designated agent.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Notwithstanding any other law, an Indian child’s tribe may participate by telephone, or other remote appearance options, in proceedings in which the federal Indian Child Welfare Act may apply. The method of appearance may be determined by the court consistent with court capacity and contractual obligations, and taking into account the capacity of the tribe, as long as a method of effective remote appearance and participation sufficient to allow
the tribe to fully exercise its rights is provided. Fees shall not be charged for court appearances established under this subdivision conducted in whole or in part by remote means.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_20C8C669-4FB1-471F-ABF7-64389A4702FF">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 1459.2 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5D08CFD6-D145-4B91-98DB-C97FB4CD2F54">
<ns0:Num>1459.2.</ns0:Num>
<ns0:LawSectionVersion id="id_BD3CB3CF-6BD7-47CE-BCEF-C802F7263413">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If the court or petitioner knows or has reason to know, as described in subdivision (e) of Section 1459.1, that an Indian child is involved, notice pursuant to the requirements of this section and Section 1912 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall be provided for any proceeding involving an Indian child. The notice shall be sent to the child’s parents or legal guardian, Indian custodian, if any, and the child’s tribe. Copies of all notices sent shall be served on all parties to the proceeding and their attorneys. Notice shall comply with all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Notice shall be sent by registered or certified mail with return receipt requested. Additional notice by first-class mail is
recommended, but not required.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notice to the tribe shall be to the tribal chairperson, unless the tribe has designated another agent for service.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notice of all Indian child custody hearings shall be sent by the party seeking placement of the child to all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All tribes of which the child may be a member or citizen, or eligible for membership or citizenship, unless either of the following occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A tribe has made a determination that the child is not a member or citizen, or eligible for membership or citizenship.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The court makes a determination as to which tribe is the child’s tribe in accordance with Section 1449, after which notice need only be sent to
the Indian child’s tribe.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child’s parents.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child’s Indian custodian.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notice, to the extent required by federal law, shall be sent to the United States Secretary of the Interior’s designated agent.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
In addition to the information specified in other sections of this article, notice shall include all of the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The name, birth date, and birthplace of the Indian child, if known.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The name of the Indian tribe in which the child is a member or citizen, or may be eligible for membership or citizenship, if known.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
All
names known of the Indian child’s biological parents, grandparents, and great-grandparents, or Indian custodians, including maiden, married, and former names or aliases, as well as their current and former addresses, birth dates, places of birth and death, tribal enrollment, membership, or citizenship information of other direct lineal ancestors of the child, and any other identifying information, if known.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A copy of the petition by which the proceeding was initiated.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A copy of the child’s birth certificate, if available.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The location, mailing address, and telephone number of the court and all parties notified pursuant to this section.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The information regarding the time, date, and any location of any scheduled hearings.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A statement of all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The name of the petitioner and the name and address of the petitioner’s attorney.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The absolute right of the child’s parents, Indian custodians, and tribe to intervene in the proceeding.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The right of the child’s parents, Indian custodians, and tribe to petition the court to transfer the proceeding to the tribal court of the Indian child’s tribe, absent objection by either parent and subject to declination by the tribal court.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The right of the child’s parents, Indian custodians, and tribe to, upon request, be granted up to an additional 20 days from the receipt of the notice to prepare for the proceeding.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The potential legal consequences of the proceedings on the future custodial and parental rights of the child’s parents or Indian custodians.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
That if the parents or Indian custodians are unable to afford counsel, counsel will be appointed to represent the parents or Indian custodians pursuant to Sections 1474 and 1912 of the federal Indian Child Welfare Act.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notice shall be sent whenever it is known or there is reason to know that an Indian child is involved, and for every hearing that may culminate in a proceeding as described in Section 1459.1, unless it is determined that the federal Indian Child Welfare Act does not apply to the case in accordance with Section 1459.1. After a tribe acknowledges that the child is a member of, or eligible for membership in, that tribe, or after a tribe intervenes in a
proceeding, the information set out in subparagraphs (C), (D), (E), and (H) of paragraph (5) of subdivision (a) need not be included with the notice.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Proof of the notice, including copies of notices sent and all return receipts and responses received, shall be filed with the court in advance of the hearing, except as permitted under subdivision (d).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A proceeding shall not be held until at least 10 days after receipt of notice by the parent, the Indian custodian, the tribe, or the Bureau of Indian Affairs. The parent, Indian custodian, or tribe shall, upon request, be granted up to 20 additional days to prepare for that proceeding. This subdivision does not limit the rights of the parent, Indian custodian, or tribe to more than 10 days’ notice when a lengthier notice period is required by law.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
With respect
to giving notice to Indian tribes, a party is subject to court sanctions if that person knowingly and willfully falsifies or conceals a material fact concerning whether the child is an Indian child, or counsels a party to do so.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The inclusion of contact information of any adult or child that would otherwise be required to be included in the notification pursuant to this section shall not be required if that person is at risk of harm as a result of domestic violence, child abuse, sexual abuse, or stalking.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For any hearing that does not meet the definition of a proceeding involving an Indian child, notice to the child’s parents, Indian custodian, and tribe shall be sent in accordance with Sections 1460 and 1460.1.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2CB9A8F9-DAD9-4A85-B7DE-21FA21B4C440">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 1459.3 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_63859DC0-9E72-40CB-95FE-58C23846EFAE">
<ns0:Num>1459.3.</ns0:Num>
<ns0:LawSectionVersion id="id_CE6AB763-38A5-4732-865A-003ABF746B6C">
<ns0:Content>
<html:p>The Indian child’s tribe, parent, and Indian custodian have the right to intervene at any point in a proceeding involving an Indian child.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_15FDCE32-A556-44C1-AB34-0438C36914A6">
<ns0:Num>SEC. 8.</ns0:Num>
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Section 1459.4 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_07B77E6D-66DC-4517-B0B8-32049058EFC4">
<ns0:Num>1459.4.</ns0:Num>
<ns0:LawSectionVersion id="id_B4644F83-B072-41A1-A554-088F7B57AC17">
<ns0:Content>
<html:p>In a proceeding involving an Indian child, the court shall give full faith and credit to the public acts, records, judicial proceedings, and judgments of any Indian tribe applicable to the proceeding to the same extent that such entities give full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity, regardless of whether the Indian child’s tribe exercises the right to intervene under Section 1459.3.</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5D42EFF5-C1AB-4D0E-AC33-F0B2D796AD7C">
<ns0:Num>SEC. 9.</ns0:Num>
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Section 1459.5 of the
<ns0:DocName>Probate Code</ns0:DocName>
is repealed.
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<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_9C6C3CDB-1E90-4989-AD84-D2522EF97F5D">
<ns0:Num>SEC. 10.</ns0:Num>
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Section 1459.5 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0E103788-2183-4D27-A0EA-EF226A28160A">
<ns0:Num>1459.5.</ns0:Num>
<ns0:LawSectionVersion id="id_4892FEE4-8AFC-4D55-B351-2EE2882E7286">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A party seeking a placement of an Indian child shall provide evidence to the court that active efforts, as defined in Section 1449, have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. When the court or petitioner knows a child is an Indian child, or has reason to know a child is an Indian child, the party petitioning under this code shall provide active efforts upon filing the petition or at first contact with the Indian child or family. The active efforts shall be documented in detail in the record.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
What constitutes active efforts shall be assessed on a case-by-case basis. The active efforts
shall be made in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe. Active efforts shall utilize the available resources of the Indian child’s extended family, tribe, tribal and other Indian social service agencies, and individual Indian caregiver service providers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A guardianship or conservatorship shall not be ordered in the proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of a qualified expert witness, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When testimony of a qualified expert witness is required in a proceeding involving an Indian child, a qualified expert witness shall be qualified to testify
regarding whether continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child and shall be qualified to testify to the prevailing social and cultural standards of the Indian child’s tribe. A person may be designated by the child’s tribe as qualified to testify to the prevailing social and cultural standards of the Indian child’s tribe. The individual may not be an employee of the person or agency recommending guardianship or conservatorship placement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In considering whether to remove an Indian child from the custody of a parent or Indian custodian or to terminate the parental rights of the parent of an Indian child, the court shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Require that a qualified expert witness testify regarding whether continued custody of the child by the parent or Indian custodian is likely
to result in serious emotional or physical damage to the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Consider evidence concerning the prevailing social and cultural standards of the Indian child’s tribe, including that tribe’s family organization and child-rearing practices.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Persons with the following characteristics are most likely to meet the requirements for a qualified expert witness for purposes of a proceeding involving an Indian child:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A person designated by the Indian child’s tribe as being qualified to testify to the prevailing social and cultural standards of the Indian child’s tribe.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A member or citizen of the Indian child’s tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child-rearing
practices.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An expert witness having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and child-rearing practices within the Indian child’s tribe.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The court or any party may request the assistance of the Indian child’s tribe or Bureau of Indian Affairs agency serving the Indian child’s tribe in locating persons to serve as qualified expert witnesses.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The court may accept a declaration or affidavit from a qualified expert witness in lieu of testimony only if the parties have so stipulated in writing and the court is satisfied the stipulation is made knowingly, intelligently, and voluntarily.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In a proceeding involving an Indian child, the
initial and any subsequent placement of the Indian child shall comply with the placement preferences described in Section 1449.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9D331218-0990-46DE-B927-649DAA9CEB1D">
<ns0:Num>SEC. 11.</ns0:Num>
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Section 1459.6 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DE580C01-17A0-47E6-B3E0-7ABAFF0EAF54">
<ns0:Num>1459.6.</ns0:Num>
<ns0:LawSectionVersion id="id_81E8A051-D52C-41D3-9EA1-9511438F45F7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In a proceeding involving an Indian child, the court shall determine the child’s residence and domicile as defined in Section 1449 and in the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If at any stage of a proceeding involving an Indian child and in Section 1903 of the federal Indian Child Welfare Act, the court receives information from the petitioner, a child welfare agency, or any other source that suggests an Indian child is already a ward of a tribal court or resides or is domiciled within a reservation of an Indian tribe that has exclusive jurisdiction over child custody proceedings, as recognized in Section 1911 of Title 25 of the United States Code, or reassumed exclusive jurisdiction over proceedings
involving an Indian child pursuant to Section 1918 of Title 25 of the United States Code, the state court shall expeditiously notify the tribe and the tribal court of the pending dismissal based on the tribe’s exclusive jurisdiction. The notification shall advise the tribe that the state court will dismiss the child custody proceeding upon receiving confirmation from the tribe that the child is a ward of a tribal court or subject to the tribe’s exclusive jurisdiction.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Unless otherwise agreed upon by the state and the tribe pursuant to Section 1919 of Title 25 of the United States Code, upon receipt of confirmation that the child is already a ward of a tribal court or is subject to the exclusive jurisdiction of an Indian tribe as described in subdivision (b), the state court shall dismiss the child custody proceeding and ensure that the tribal court is sent all information regarding the proceeding, including, but not limited to, the
pleadings and any state court record. If the party has not already transferred physical custody of the Indian child to the child’s tribe, the state court shall order that the local agency do so without delay and hold in abeyance any dismissal order pending confirmation that the Indian child is in the physical custody of the tribe.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In the case of an Indian child who is not a ward of a tribal court or subject to the exclusive jurisdiction of an Indian tribe, as described in subdivision (b), the state court shall transfer the proceeding to the jurisdiction of the child’s tribe upon petition of either parent, the Indian custodian, or the child’s tribe, unless the state court finds good cause not to transfer. The petition for transfer may be made orally on the record or in writing at any stage of the proceedings. Upon receipt of a petition for transfer, the state court shall terminate jurisdiction only after receiving confirmation that the
tribal court has accepted the transfer. At the time that the state court terminates jurisdiction, the state court shall also do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Expeditiously provide the tribal court with all records related to the proceeding, including, but not limited to, the pleadings and any state court record.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Work with the tribal court to ensure that the transfer of the child and of the proceeding is accomplished smoothly and in a way that minimizes the disruption of services to the family.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1) If a petition to transfer proceedings as described in subdivision (d) is made orally on the record or in writing, the state court shall find good cause to deny the petition if either of the following circumstances are shown to exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One or both of
the child’s parents object to the transfer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The tribal court of the child’s tribe declines the transfer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In determining whether good cause exists to deny a transfer, the state court shall not consider any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Socioeconomic conditions and the perceived adequacy of tribal social services or judicial systems.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether the child custody proceeding is at an advanced stage if the Indian child’s parent, Indian custodian, or tribe did not receive notice of the child custody proceeding until an advanced stage. It shall not, in and of itself, be considered an unreasonable delay for a party to wait until reunification efforts have failed and reunification services have been terminated before filing a petition to transfer.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Whether there have been prior proceedings involving the child for which no transfer petition was filed.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Whether the transfer could affect the placement of the child.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Whether the Indian child has cultural connections with the tribe or its reservation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The burden of establishing good cause not to transfer shall be on the party opposing the transfer. If the state court believes, or any party asserts, that good cause not to transfer exists, the reasons for that belief or assertion shall be stated orally on the record or in writing and made available to all parties who are petitioning for the transfer, and the petitioner shall have the opportunity to provide information or evidence in rebuttal of the belief or assertion.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section and Sections 1911 and 1918 of Title 25 of the United States Code shall not be construed as requiring a tribe to petition the United States Secretary of the Interior to reassume exclusive jurisdiction pursuant to Section 1918 of Title 25 of the United States Code prior to exercising jurisdiction over a proceeding transferred under subdivision (d).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If any petitioner in a proceeding involving an Indian child has improperly removed the child from the custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the state court shall decline jurisdiction over the petition and shall immediately return the child to their parent or Indian custodian, unless retaining the child outside the custody of their parent or Indian custodian is necessary to prevent imminent physical damage or harm.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding any provisions related to the confidentiality of the child’s records in a guardianship, conservatorship, or adoption proceeding, when an Indian child is transferred from a state court to an Indian tribe pursuant to subdivision (c), (d), or (f), the child’s entire case file shall be provided.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1F1B2258-4F77-485C-9301-7C33420A0844">
<ns0:Num>SEC. 12.</ns0:Num>
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Section 1459.7 is added to the
<ns0:DocName>Probate Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F3953DD4-0D52-4391-8850-712773D16456">
<ns0:Num>1459.7.</ns0:Num>
<ns0:LawSectionVersion id="id_00F3DD12-C85D-4C41-8CBA-A7F084CC7D39">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In a proceeding involving a child who would otherwise be an Indian child based on the definition in subdivision (a) of Section 1449, but is not an Indian child based on the child’s Indian tribe not having federal recognition, as described by paragraph (5) of subdivision (a) of Section 1449, the court may permit the tribe from which the child is descended to participate in the proceeding upon request of the tribe.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the court permits a tribe to participate in a proceeding, the tribe may do all of the following, upon consent of the court:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Be present at the hearing or appear remotely as authorized by subdivision (l) of Section 1459.1.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Address the court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Request and receive notice of hearings.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Request to examine court documents relating to the proceeding.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Present information to the court that is relevant to the proceeding.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Submit written reports and recommendations to the court.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Perform other duties and responsibilities as requested or approved by the court.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 the provisions for determining an Indian child’s tribe contained in subdivision (b) of Section 1449.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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 California Indian Child Welfare Act or the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), or any state law implementing the federal 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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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).
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_87F322B8-0D92-47D5-83D9-51C918CDA050">
<ns0:Num>SEC. 13.</ns0:Num>
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Section 1460 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A3B9FE4E-A9BB-4C25-B4C8-EFF516E0FD04">
<ns0:Num>1460.</ns0:Num>
<ns0:LawSectionVersion id="id_16AFAD46-BE78-4B2F-9D34-D0121F096629">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Subject to Sections 1202 and 1203, if notice of hearing is required under this division but the applicable provision does not fix the manner of giving notice of hearing, the notice of the time and place of the hearing shall be given at least 15 days before the day of the hearing as provided in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Subject to subdivision (e), the petitioner, who includes, for purposes of this section, a person filing a petition, report, or account, shall cause the notice of hearing to be delivered pursuant to Section 1215, to each of the following persons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The guardian or conservator.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The ward or the conservatee.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The spouse of the ward or conservatee, if the ward or conservatee has a spouse, or the domestic partner of the conservatee, if the conservatee has a domestic partner.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any person who has requested special notice of the matter, as provided in Section 2700.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For any hearing on a petition to terminate a guardianship, to accept the resignation of a guardian, or to remove a guardian, the persons described in subdivision (c) of Section 1510.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
For any hearing to consider terminating a conservatorship, to accept the resignation of a conservator, or to remove a conservator, the persons described in subdivision (b) of Section 1821.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The clerk of the court shall cause the notice of the
hearing to be posted as provided in Section 1230 if the posting is required by subdivision (c) of Section 2543.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Except as provided in subdivision (e), this section does not excuse compliance with the requirements for notice to a person who has requested special notice pursuant to Chapter 10 (commencing with Section 2700) of Part 4.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The court, for good cause, may dispense with the notice otherwise required to be given to a person as provided in this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the court or petitioner knows or has reason to know, as described in Section 1459.1, that an Indian child is involved, notice pursuant to Section 1459.2 and Section 1912 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall be provided for any
proceeding described in Section 1459.1. The notice shall be sent to the minor’s parents or legal guardian, Indian custodian, if any, and the child’s tribe. Notice shall comply with Section 1459.2.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DAF24C6D-88D1-4C2E-BC7C-A466D3C3472E">
<ns0:Num>SEC. 14.</ns0:Num>
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Section 1460.2 of the
<ns0:DocName>Probate Code</ns0:DocName>
is repealed.
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<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_013B3ABE-3C02-4A52-83A2-79EEBA3184B4">
<ns0:Num>SEC. 15.</ns0:Num>
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Section 1474 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CAEF499E-E039-4311-AC02-7828484AE256">
<ns0:Num>1474.</ns0:Num>
<ns0:LawSectionVersion id="id_3ACFD4AE-C388-41B3-89CD-746D251D87D4">
<ns0:Content>
<html:p>If an Indian custodian or biological parent of an Indian child lacks the financial ability to retain counsel and requests the appointment of counsel in proceedings described in Section 1459.1, the provisions of subsection (b) of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Section 23.13 of Title 25 of the Code of Federal Regulations are applicable.</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_73B9D988-0BAC-4158-9F01-85F58E8C54F3">
<ns0:Num>SEC. 16.</ns0:Num>
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Section 1500.1 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_9C8ADCC9-3023-497F-9EBE-BA8468EE3577">
<ns0:Num>1500.1.</ns0:Num>
<ns0:LawSectionVersion id="id_67BDF58F-78C5-4437-A80B-08F699B7CA6B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any guardianship or conservatorship proceeding involving an Indian child as defined in Section 1449 is an involuntary proceeding, as defined in Section 1449.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_A9220EDD-BFCE-4461-9882-8F1BDD114CA1">
<ns0:Num>SEC. 17.</ns0:Num>
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Section 1510 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_197EE3FA-9143-4A40-93A4-3A7C02C0357D">
<ns0:Num>1510.</ns0:Num>
<ns0:LawSectionVersion id="id_5DF9469A-DBA5-4BC5-8C88-FF5BE5F0C807">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A relative or other person on behalf of the minor, or the minor if 12 years of age or older, may file a petition for the appointment of a guardian of the minor. A relative may file a petition for the appointment of a guardian under this section regardless of the relative’s immigration status.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The petition shall request that a guardian of the person or estate of the minor, or both, be appointed, shall specify the name and address of the proposed guardian and the name and date of birth of the proposed ward, and shall state that the appointment is necessary or convenient.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The petition shall set forth, so far as is known to the petitioner, the names and addresses of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The parents of the proposed ward.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person having legal custody of the proposed ward and, if that person does not have the care of the proposed ward, the person having the care of the proposed ward.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The relatives of the proposed ward within the second degree.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In the case of a guardianship of the estate, the spouse of the proposed ward.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any person nominated as guardian for the proposed ward under Section 1500 or 1501.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
In the case of a guardianship of the person involving an Indian
child as defined in Section 1449, any Indian custodian and the Indian child’s tribe.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the petitioner or proposed guardian is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition shall include the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The petitioner’s or proposed guardian’s proposed hourly fee schedule or another statement of their proposed compensation from the estate of the proposed ward for services performed as a guardian. The petitioner’s or proposed guardian’s provision of a
proposed hourly fee schedule or another statement of their proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioner’s or proposed guardian’s fees or other compensation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Unless a petition for appointment of a temporary guardian that contains the statements required by this paragraph is filed together with a petition for appointment of a guardian, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A statement of the petitioner’s or proposed guardian’s license information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A statement explaining who engaged the petitioner or proposed guardian or how the petitioner or proposed
guardian was engaged to file the petition for appointment of a guardian or to agree to accept the appointment as guardian and what prior relationship the petitioner or proposed guardian had with the proposed ward or the proposed ward’s family or friends.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the proposed ward is a patient in or on leave of absence from a state institution under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services and that fact is known to the petitioner or proposed guardian, the petition shall state that fact and name the institution.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The petition shall state, so far as is known to the petitioner or proposed guardian, whether or not the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration and the estimated amount of the monthly benefit payable by the Veterans Administration for the proposed
ward.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If the petitioner or proposed guardian has knowledge of any pending adoption, juvenile court, marriage dissolution, domestic relations, custody, or other similar proceeding affecting the proposed ward, including any investigation by a county welfare agency regarding the safety of the child, the petition shall disclose the pending
investigation or proceeding.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If the petitioners or proposed guardians have accepted or intend to accept physical care or custody of the child with intent to adopt, whether formed at the time of placement or formed subsequent to placement, the petitioners or proposed guardians shall so state in the guardianship petition, whether or not an adoption petition has been filed.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If the proposed ward is or becomes the subject of an adoption petition, the court shall order the guardianship petition consolidated with the adoption petition, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
If the proposed ward is or may be an Indian child, the petition shall state
the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The reasons to know or believe the child of the petition is or may be an Indian child pursuant to the requirements of Section 1459.1.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The manner in which the petitioner provided notice of the petition to the Indian child’s parents, tribe, and Indian custodian as described in Section 1459.2.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The manner in which the petitioner has provided active efforts, as required by Section 1459.5, to the parent or Indian custodian to prevent the need for the appointment of the guardian.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
How the petitioner will secure testimony from a qualified expert witness as described in Section 1459.5.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
How the petitioner has complied with the placement preferences as described in Section 1449 in the nomination of the proposed guardian.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_5EE47A72-5418-435D-A995-9AA6A033F74B">
<ns0:Num>SEC. 18.</ns0:Num>
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Section 1511 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_75B76C82-DF54-4FD2-A8E2-846D36FF83B4">
<ns0:Num>1511.</ns0:Num>
<ns0:LawSectionVersion id="id_4F4961AF-F56D-44BE-BA7E-E8B49024692C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivisions (f) and (g), at least 15 days before the hearing on the petition for the appointment of a guardian, notice of the time and place of the hearing shall be given as provided in subdivisions (b), (c), (d), and (e) of this section. The notice shall be accompanied by a copy of the petition and shall include a copy of the form required by Section 68511.1 of the Government Code. The court shall not shorten the time for giving the notice of hearing under this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notice shall be served in the manner provided in Section 415.10 or 415.30 of the Code of Civil Procedure, or in any manner authorized by the court, on all of the following persons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The proposed ward if
12 years of age or older.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any person having legal custody of the proposed ward, or serving as guardian of the estate of the proposed ward.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The parents of the proposed ward.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any person nominated as a guardian for the proposed ward under Section 1500 or 1501.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notice shall be delivered pursuant to Section 1215 to the addresses stated in the petition, or in any manner authorized by the court, to all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The spouse named in the petition.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The relatives named in the petition, except that if the petition is for the appointment of a guardian of the estate only the court may dispense with the
giving of notice to any one or more or all of the relatives.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The person having the care of the proposed ward if other than the person having legal custody of the proposed ward.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If notice is required by Section 1461 or 1542 to be given to the Director of State Hospitals or the Director of Developmental Services or the Director of Social Services, notice shall be delivered pursuant to Section 1215 as required.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the petition states that the proposed ward is receiving or is entitled to receive benefits from the Veterans Administration, notice shall be delivered pursuant to Section 1215 to the office of the Veterans Administration referred to in Section 1461.5.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Unless the court orders otherwise, notice shall not be given to any of the
following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The parents or other relatives of a proposed ward who has been relinquished to a licensed adoption agency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The parents of a proposed ward who has been judicially declared free from their custody and control.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notice need not be given to any person if the court so orders upon a determination of either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person cannot with reasonable diligence be given the notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The giving of the notice would be contrary to the interest of justice.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Before the appointment of a guardian is made, proof shall be made to the court that each person entitled to notice under this section
either:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Has been given notice as required by this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Has not been given notice as required by this section because the person cannot with reasonable diligence be given the notice or because the giving of notice to that person would be contrary to the interest of justice.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notice shall be provided pursuant to Section 1459.2 if the proposed ward is an Indian child.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B86B0ACA-C7DA-40F1-BC23-BCA46F0AC88C">
<ns0:Num>SEC. 19.</ns0:Num>
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Section 1513 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4BBF207B-ED24-4614-8D35-F5D908C8901F">
<ns0:Num>1513.</ns0:Num>
<ns0:LawSectionVersion id="id_5A7490A1-98C4-4B08-840A-C67AB0FEAF3D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Unless waived by the court for good cause, a court investigator, probation officer, or domestic relations investigator shall make an investigation and file with the court a report and recommendation concerning each proposed guardianship of the person or guardianship of the estate. Investigations where the proposed guardian is a relative shall be made by a court investigator. Investigations where the proposed guardian is a nonrelative shall be made by the county agency designated to investigate potential dependency. The report of the investigation for a guardianship of the person shall include, but need not be limited to, a discussion of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A social history of the proposed guardian.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A social history of the proposed ward, including, to the extent feasible, an assessment of any identified developmental, emotional, psychological, or educational needs of the proposed ward and the capability of the proposed guardian to meet those needs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The relationship of the proposed ward to the proposed guardian, including the duration and character of the relationship, the circumstances under which the proposed guardian took physical custody of the proposed ward, and a statement of the proposed ward’s wishes concerning the proposed guardianship, unless the proposed ward’s developmental, physical, or emotional condition prevents the proposed ward from forming or stating their wishes concerning the proposed guardianship.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The duration of the guardianship anticipated by the parents and the proposed guardian and the plans of each parent and the proposed
guardian to provide a stable and permanent home for the child. The court may waive this requirement when no parent is available.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any reason to believe or know that the child is or may be an Indian child, as described in Section 1459.1, and how notice was provided, as described in Section 1459.2, to the Indian child’s parent, tribe or tribes, and Indian custodian.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the proposed ward is or may be described by Section 300 of the Welfare and Institutions Code, the court may refer the matter, in writing, to the local child welfare agency to initiate an investigation pursuant to Section 329 of the Welfare and Institutions Code. The referral shall include a summary of the reasons for the
referral, any active efforts, as defined in Section 1449, required to support the Indian child, and barriers the petitioner has with providing active efforts to the child and family, and the testimony of a qualified expert witness of a proceeding involving an Indian child, if provided, and may include a copy of the petition under Section 1510, the investigator’s report filed pursuant to subdivision (a), and any other material information.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Pursuant to the timeline in Section 329 of the Welfare and Institutions Code, the child welfare agency shall report the findings and conclusions of its investigation, any decision made as a result, and the reasons for the decision to the probate court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The probate court shall not hear and determine the petition to appoint a guardian of the minor until the child welfare agency has completed its
investigation and has submitted the report to the probate court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), pending completion of the child welfare investigation, the probate court may take any reasonable steps it deems appropriate to protect the child’s safety, including, but not limited to, appointing a temporary guardian or issuing a temporary restraining order.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the child welfare agency has not, within three weeks of the referral, notified the probate court that it has commenced juvenile dependency proceedings, the probate court, counsel appointed pursuant to Section 1470 to represent the
minor, or in the case of an Indian child, the Indian child’s tribe, may apply to the juvenile court, pursuant to Section 331 of the Welfare and Institutions Code, for an order directing the agency to commence juvenile dependency proceedings.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the juvenile court commences dependency proceedings, the guardianship proceedings shall be stayed in accordance with Section 304 of the Welfare and Institutions Code. This section does not affect the applicability of Section 16504 or 16506 of the Welfare and Institutions Code. If the juvenile court does not commence dependency proceedings, the probate court shall retain jurisdiction to hear and determine the guardianship petition.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Proceedings that are commenced pursuant to this section shall be considered a
California Indian child custody proceeding that is initiated in juvenile state court for purposes of Tribal Dependency Representation funding pursuant to Section 10553.14 of the Welfare and Institutions Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Before ruling on the petition for guardianship, the court shall read and consider all reports submitted pursuant to this section and shall affirm that it has done so in the minutes or on the record. A person who reports to the court pursuant to this section may be called and examined by any party to the proceeding.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
All reports authorized by this section are confidential and shall only be made available to persons who are required to have been served in the proceedings or their
attorneys, including an Indian tribe as described in Section 1449.2. The clerk of the court shall make provisions to limit access to the reports exclusively to persons entitled to receipt. The reports shall be made available to all parties entitled to receipt no less than three court days before the hearing on the guardianship petition.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For the purpose of writing either report authorized by this section, the person making the investigation and report shall have access to the proposed ward’s school records, probation records, and public and private social services records, and to an oral or written summary of the proposed ward’s medical records and psychological records prepared by any physician, psychologist, or psychiatrist who made or who is maintaining those records. The physician, psychologist, or psychiatrist shall be available to clarify information regarding these records pursuant to the
investigator’s responsibility to gather and provide information for the court.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
This section does not apply to guardianships resulting from a permanency plan for a dependent child pursuant to Section 366.26 of the Welfare and Institutions Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes of this section, a “relative” means a person who is a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of these persons, even after the marriage has been terminated by death or dissolution.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
In
a proceeding involving an Indian child, any person making an investigation and report shall consult with the Indian child’s tribe and include in the report information provided by the tribe.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the guardianship laws in this code and the juvenile court laws in the Welfare and Institutions Code operate together as a cohesive statutory structure that ensures all cases referred by the probate court for a child welfare investigation are subject to review by the juvenile court without limiting the probate court’s ability to take immediate action to protect the child while the child welfare investigation and juvenile court review are pending. The purpose of this statutory structure is to ensure the protection of every child’s health, safety, and welfare and to provide due process to every child, parent, and family.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
On
or before January 1, 2023, the Judicial Council shall adopt, amend, or revise any rules or forms necessary to implement this section.
</html:p>
</ns0:Content>
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<ns0:BillSection id="id_91E7A501-26E3-4A78-B35D-092CF54DB891">
<ns0:Num>SEC. 20.</ns0:Num>
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Section 1513.2 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_8D0BF81D-C7C1-432A-A789-90F0B813C5C2">
<ns0:Num>1513.2.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
To the extent resources are available, the court shall implement procedures, as described in this section, to ensure that every guardian annually completes and returns to the court a status report, including the statement described in subdivision (b). A guardian who willfully submits any material information required by the form which they know to be false shall be guilty of a misdemeanor. Not later than one month before the date the status report is required to be returned, the clerk of the court shall deliver a notice pursuant to Section 1215 to the guardian informing the guardian that
they are required to complete and return the status report to the court. The clerk shall enclose with the letter a blank status report form for the guardian to complete and return. If the status report is not completed and returned as required, or if the court finds, after a status report has been completed and returned, that further information is needed, the court shall attempt to obtain the information required in the report from the guardian or other sources. If the court is unable to obtain this information within 30 days after the date the status report is due, the court shall either order the guardian to make themselves available to the investigator for purposes of investigation of the guardianship, or to show cause why the guardian should not be
removed.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Judicial Council shall develop a form for the status report. The form shall include the following statement: “A guardian who willfully submits any material information required by this form which they know to be false is guilty of a misdemeanor.” The form shall request information the Judicial Council deems necessary to determine the status of the guardianship, including, but not limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The guardian’s present address and electronic address.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The name and birth date of the child under guardianship.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The
name of the school in which the child is enrolled, if any.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the child is not in the guardian’s home, the name, relationship, address, electronic address, and telephone number of the person or persons with whom the child resides.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the child is not in the guardian’s home, why the child was moved.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The report authorized by this section is confidential and shall only be made available to persons who have been served in the proceedings or their attorneys. The clerk of the court shall implement procedures for the limitation of the report exclusively to persons entitled to its receipt.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the guardianship ordered involves an Indian child, the status report
described in subdivision (a) shall be provided to the Indian child’s tribe.
</html:p>
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<ns0:BillSection id="id_7205D888-3165-4032-9144-DF28D570625F">
<ns0:Num>SEC. 21.</ns0:Num>
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Section 1516.5 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_649334C5-D16E-44B9-BCC6-9996518B3F34">
<ns0:Num>1516.5.</ns0:Num>
<ns0:LawSectionVersion id="id_E159FA33-DFD9-4C44-8212-08E7C42287B9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A proceeding to have a child declared free from the custody and control of one or both parents may be brought in accordance with the procedures specified in Part 4 (commencing with Section 7800) of Division 12 of the Family Code within an existing guardianship proceeding, in an adoption action, or in a separate action filed for that purpose, if all of the following requirements are satisfied:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
One or both parents do not have the legal custody of the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child has been in the physical custody of the guardian for a period of not less than two years.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The court finds that the child would benefit from being adopted by
their guardian. In making this determination, the court shall consider all factors relating to the best interest of the child, including, but not limited to, the nature and extent of the relationship between all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child and the birth parent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child and the guardian, including family members of the guardian.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child and any siblings or half siblings.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The court shall appoint a court investigator or other qualified professional to investigate all factors enumerated in subdivision (a). The findings of the investigator or professional regarding those issues shall be included in the written report required pursuant to Section 7851 of the Family Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The rights of the parent, including the rights to notice and counsel provided in Part 4 (commencing with Section 7800) of Division 12 of the Family Code, shall apply to actions brought pursuant to this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not apply to any child who is a dependent of the juvenile court or to any Indian child as defined in Section 1449.
</html:p>
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<ns0:BillSection id="id_B1979D14-1391-4AD8-A5C3-CB0D7B1B2FA5">
<ns0:Num>SEC. 22.</ns0:Num>
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Section 2250 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_015836D9-E5E4-424A-9EC5-E64E243372F9">
<ns0:Num>2250.</ns0:Num>
<ns0:LawSectionVersion id="id_9DEA2A84-6509-412F-9820-6B81FE23C61A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A temporary guardian of the person or estate, or both.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A temporary conservator of the person or estate, or both.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the proposed ward or conservatee is an Indian child as defined in Section 1449, the court shall apply the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and the relevant provisions of this part pursuant to
subdivision (a) of Section 1459.1.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The petition shall state facts that establish good cause for appointment of the temporary guardian or temporary conservator. The court, upon that petition or other showing as it may require, may appoint a temporary guardian of the person or estate, or both, or a temporary conservator of the person or estate, or both, to serve pending the final determination of the court upon the petition for the appointment of the guardian or conservator.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the petitioner, proposed guardian, or proposed conservator is a professional fiduciary, as described in Section 2340, who is required to be licensed under the Professional Fiduciaries Act (Chapter 6 (commencing with Section 6500) of Division 3 of the Business and Professions Code), the petition for appointment of a temporary guardian or temporary conservator shall include the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The petitioner’s, proposed guardian’s, or proposed conservator’s proposed hourly fee schedule or another statement of their proposed compensation from the estate of the proposed ward or proposed conservatee for services performed as a guardian or conservator. The petitioner’s, proposed guardian’s, or proposed conservator’s provision of a proposed hourly fee schedule or another
statement of their proposed compensation, as required by this paragraph, shall not preclude a court from later reducing the petitioner’s, proposed guardian’s, or proposed conservator’s fees or other compensation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Unless a petition for appointment of a guardian or conservator that contains the statements required by this paragraph is filed together with a petition for appointment of a temporary guardian or temporary conservator, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A statement of the petitioner’s, proposed guardian’s, or proposed conservator’s registration or license information.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A statement explaining who engaged the petitioner, proposed guardian, or proposed conservator or how the petitioner, proposed guardian, or proposed conservator was engaged to file the petition for appointment of a temporary guardian or
temporary conservator or to agree to accept the appointment as temporary guardian or temporary conservator and what prior relationship the petitioner, proposed guardian, or proposed conservator had with the proposed ward or proposed conservatee or the proposed ward’s or proposed conservatee’s family or friends.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the petition is filed by a party other than the proposed conservatee, the petition shall include a declaration of due diligence showing both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Either the efforts to find the proposed conservatee’s relatives named in the petition for appointment of a general conservator or
why it was not feasible to contact any of them.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Either the preferences of the proposed conservatee concerning the appointment of a temporary conservator and the appointment of the proposed temporary conservator or why it was not feasible to ascertain those preferences.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Unless the court for good cause otherwise orders, at least five court days before the hearing on the petition, notice of the hearing shall be given as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Notice of the hearing shall be personally delivered to the proposed ward if the proposed ward is 12 years
of age or older, to the parent or parents of the proposed ward, and to any person having a valid visitation order with the proposed ward that was effective at the time of the filing of the petition. Notice of the hearing shall not be delivered to the proposed ward if the proposed ward is under 12 years of age. In a proceeding for temporary guardianship of the person, evidence that a custodial parent has died or become incapacitated, and that the petitioner or proposed guardian is the nominee of the custodial parent, may constitute good cause for the court to order that this notice not be delivered.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notice of the hearing shall be personally delivered to the proposed conservatee, and notice of the hearing shall be delivered pursuant to Section 1215 on the persons required to be named in the petition for appointment of conservator. If the petition states that the petitioner and the proposed conservator have no prior relationship with the
proposed conservatee and have not been nominated by a family member, friend, or other person with a relationship to the proposed conservatee, notice of hearing shall be delivered pursuant to Section 1215 on the public guardian of the county in which the petition is filed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A copy of the petition for temporary appointment shall be delivered pursuant to Section 1215 with the notice of hearing.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notice shall be delivered pursuant to Section 1459.2 if the proposed ward or conservatee is an Indian child.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If a temporary guardianship is granted ex parte and the hearing on the general guardianship petition is not to be held within 30 days of the granting of the temporary guardianship, the court shall set a hearing within 30 days to reconsider the temporary guardianship. Notice of the hearing for reconsideration of the temporary guardianship shall be provided pursuant to Section 1511, except that the court may for good cause shorten the time for the notice of the hearing.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Visitation orders with the proposed ward granted before the filing of a petition for temporary guardianship shall remain in effect, unless for good cause the court orders otherwise.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a temporary conservatorship is granted ex parte, and a petition to terminate the temporary conservatorship is filed more than 15 days before the first hearing on the general petition for appointment of conservator, the court shall set a hearing within 15 days of the filing of the petition for termination of the temporary conservatorship to reconsider the temporary conservatorship. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship shall be given at least 10 days before the hearing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a petition to terminate the temporary conservatorship is filed within 15 days before the first hearing on the general petition for appointment of a conservator, the court shall set the hearing at
the same time that the hearing on the general petition is set. Unless the court otherwise orders, notice of the hearing on the petition to terminate the temporary conservatorship pursuant to this section shall be given at least five court days before the hearing.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
If the court suspends powers of the guardian or conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary guardian or conservator to exercise those powers until the powers are restored to the guardian or conservator or a new guardian or conservator is appointed.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
If for any reason a vacancy occurs in the office of guardian or conservator, the court, on a petition filed under subdivision (a) or on its own motion, may appoint a temporary guardian or conservator to exercise the powers of the guardian or conservator until a new guardian or conservator is appointed.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
A superior court shall not be required to perform any duties imposed pursuant to the amendments to this section enacted by Chapter 493 of the Statutes of 2006 until the Legislature makes an
appropriation identified for this purpose.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_DB1FBACB-1B3E-48F7-89BE-223EBC63D0F9">
<ns0:Num>SEC. 23.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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