AB1824 - Indian children: guardianship or conservatorship proceedings.

Enrolled August 27, 2026 Passed IN Senate August 24, 2026 Passed IN Assembly August 25, 2026 Amended IN Senate August 18, 2026 Amended IN Assembly March 12, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1824 Introduced by Assembly Member Ramos February 11, 2026 An act to amend Sections 1460, 1474, 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 Sections 1460.2 and 1500.1 of, and to repeal and add Sections 1449, 1459, and 1459.5 of, the Probate Code, relating to Indian children. LEGISLATIVE COUNSEL'S DIGEST AB 1824, Ramos. Indian children: guardianship or conservatorship proceedings. (1) 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. 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. (2) 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. 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. 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. This bill would specify that the court or a petitioner has a duty to inquire whether the child is or may be an Indian child prior to 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. This bill would require that, in an Indian child custody proceeding, 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. This bill would require the testimony of a qualified expert witness in an Indian child custody proceeding 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. 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. 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. (3) 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. 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. (4) 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. 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. (5) 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. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 1449 of the Probate Code is repealed. SEC. 2. Section 1449 is added to the Probate Code, to read: 1449. (a) As used in this division, unless the context otherwise requires, the following definitions shall apply: (1) “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. (2) “Indian child” means any unmarried person who is under 18 years of age and who is either of the following: (A) A member or citizen of an Indian tribe. (B) Eligible for membership or citizenship in an Indian tribe and is a biological child of a member or citizen of an Indian tribe. (3) “Indian child custody proceeding” means a “child custody proceeding” within the meaning of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), including any proceeding that may culminate in the appointment of a guardian or conservator of an Indian child in which the parent or Indian custodian cannot have the child returned upon demand, or may culminate in the termination of the parent-child relationship or any action that may culminate in a final decree of adoption. A proceeding for the appointment of a temporary guardian or conservator shall not fall under this definition but shall be equivalent to an emergency removal as specified in Section 1922 of the federal Indian Child Welfare Act. (4) “Indian custodian” means an Indian who has legal custody of an Indian child under tribal law or custom or established under state law or to whom temporary physical care, custody, and control have been transferred by the parent of that child. An Indian custodian does not include a guardian or conservator appointed under this division. (5) “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. (6) “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. (7) “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. (8) “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. (b) As used in connection with an Indian child custody proceeding, the following definitions shall apply: (1) “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. (2) “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. (3) (A) “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. (B) 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. (C) (i) 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. (ii) If the tribes are able to reach an agreement, the agreed-upon tribe shall be designated as the Indian child’s tribe. (iii) 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: (I) Preference of the parents for membership or citizenship of the child. (II) Length of past domicile or residence on or near the reservation of each tribe. (III) Tribal membership or citizenship of the child’s custodial parent or Indian custodian. (IV) Interest asserted by each tribe in the child custody proceeding. (V) Whether there has been a previous adjudication with respect to the child by a court of one of the tribes. (VI) Self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify. (D) 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 becoming a tribal member or citizen continue to be valid. (E) A determination of the Indian child’s tribe for purposes of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and pursuant to these provisions for purposes of an Indian child custody proceeding does not constitute a determination for any other purpose. (4) “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: (A) Conducting a comprehensive assessment of the circumstances of the Indian child’s family, with a focus on keeping the Indian family together as the most desirable goal. (B) Identifying appropriate services and helping the parents overcome barriers, including actively assisting the parents in obtaining those services. (C) 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. (D) 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. (E) 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. (F) Taking steps to keep siblings together whenever possible. (G) 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. (H) 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. (I) Monitoring progress and participation in services. (J) 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. (5) “Bureau of Indian Affairs” means the Bureau of Indian Affairs of the United States Department of th [Text truncated for display. Full text available on Congress.gov.]