FAQs

A: The Center for Families, Children & the Courts (CFCC) merged the Judicial Council's Statewide Office of Family Court Services and the Center for Children and the Courts. The primary purpose of CFCC is to maximize the effectiveness of court services for children and families. CFCC also increases public access, implements innovative court-related programs for children and families, and promotes those services in the legal community and to the public. CFCC works closely with the Judicial Council Family and Juvenile Law Advisory Committee.

A: CFCC can be reached at telephone number 415-865-7739. The fax number is 415-865-7217. The mailing address is: The Judicial Council, Center for Families, Children & the Courts, 455 Golden Gate Ave., 6th Floor, San Francisco, CA 94102-3660. You may also reach CFCC via e-mail at: CFCC@jud.ca.gov.

A: The Judicial Council of California, located in San Francisco, has openings for internship opportunities for law and research, policy, and social/liberal arts students at the graduate level with the Center for Children, Families & the Courts (CFCC). The work hours are flexible to accommodate individuals' availability; however, the student must be available to work a minimum of 12 hours per week for research/policy students and 16 hours per week for law students.

A: Legal agencies and attorneys can assist you with your legal matter. If you can afford an attorney, look in the yellow pages of the phone book under "Attorney Referral Services" or "Attorneys." For information regarding local bar associations and other law links, visit the California Bar website: http://www.calbar.ca.gov/

A:  A bar association is a nonprofit voluntary membership organization of lawyers, judges, law students, and other members in related fields. In general, they provide equal access to the justice system for all members of our society. Bar associations can facilitate lawyer referrals, and some associations may directly represent indigent clients through volunteer legal services.

A: You can check the Government Listings in your telephone book white pages, under Courts for your city or county. You can also find the listings for the state Supreme Court and Court of Appeal in your district under State Government/Courts. To find the address and telephone number of trial courts on the Internet, go to the Trial Courts section online by clicking here.  You can use the pull-down menu to locate courts with Web sites. On this page, you can also use the list of California Trial Court Judges to locate the address and telephone number of each county court location. Counties are listed alphabetically, and within each county, judges’ names are listed alphabetically, with the presiding judge listed first.

A: If the case is in juvenile court, the file is confidential. Certain parties directly connected to the case may have access to a juvenile court file. In certain circumstances, the court may order access to a juvenile court file. If the case is in family court, the file can be obtained through the court clerk’s office.

A: California legislative information is available online at http://leginfo.legislature.ca.gov. The site contains bill information, California law, legislative publications, contact information for the Legislature, Legal Counsel agency reports, and information about the legislative process.

A: No. There may be an old form that is still valid. In addition, until the form is adopted, it may violate California Rules of Court. You can locate online information about the use of legal forms by clicking here.

A: You can find new and revised forms available online and also at your local court clerk’s office. Forms may be accessed by category or by form number. You can also locate a list of legal forms on-line. The new and revised forms cannot be filled out online but must be printed out and then filled out.

A: Your comments will be sent to the staff counsel of the appropriate Judicial Council committee or subcommittee. Rules, forms, and standards of judicial administration are circulated for comment twice a year for adoption, generally effective January 1 and July 1.

A: No. CFCC cannot provide legal advice, and therefore, it does not have the authority to provide an interpretation of a statute or rule of court.

A: The rules of any court can be found at your local law library. Some local court rules are also available on the Internet. If your jurisdiction has not posted its rules of court, you may want to contact your local law library or the court. The California Rules of Court are available on the Judicial Council’s website.

A: The new and amended rules are listed under New and Amended Rules. This link will allow you to view the most current changes without having to review the entire set of rules. In addition, it is possible to search the entire rules document for specific subjects.

A: The following programs have been certified by the Judicial Council:

1. CalSupport and CalSupport PRO,  http://www.nolotech.com/
2. DissoMaster,  http://www.cflr.com/products/dissomaster.php
3. Xspouse,  http://www.xspouse.com/; and
4. California Guideline Child Support Calculator (DCSS), https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator
5. Family Law Software,  https://centerbase.com/practice-areas/family-law-software/
6. FamilySoft SupportCalc by Legal+Plus, http://www.legalplus.com

The fourth calculator on this list was created by the California Department of Child Support Services (DCSS). There are two versions of this calculator. One version is integrated into DCSS' case management system for use by local child support agency staff and child support commissioners in calculating support for cases open in the local child support agency. The other version is the public version, is on the internet and is freely accessible to all. For detailed instruction on how to use this guideline calculator, see DCSS' California Guideline Child Support Calculator User Guide. DCSS developed this calculator as a condition of receiving federal funding for the child support program. California Rule of Court 5.275(j) requires that in all title IV-D child support cases (when the local child support agency provides services), DCSS' calculator be used by the parties and attorneys to present support calculations to the court, as well as by the court to prepare support calculations. While DCSS' calculator must be used in all title IV-D cases, parties and attorneys are free to use it in any other proceeding involving child support. The federal Office of Child Support Enforcement requires that courts use the internal guideline calculator, starting November 30, 2008.

A: Only one program, the California Guideline Child Support Calculator (DCSS) can be used in Title IV-D proceedings. As a condition of federal funding of the child support program in California, the State of California through DCSS was required to develop a statewide automated case management system. Federal specifications for this system included the development of a child support calculator that was integrated as a part of the DCSS case management system. A findingwas issued under 45 C.F.R. sections 307.10(b) and 307.11 that requires California courts to only use and accept calculations prepared on DCSS's California Guideline Child Support Calculator. Beginning on December 1, 2008, courts in Title IV-D proceedings must use the Internal Guideline Calculator, while the public and attorneys may continue to use the public version, which is located on the DCSS Web site. As of January 1, 2009, California Rules of Court rule 5.275(j) provides as follows:

(j) Acceptability in the courts

(1) In all actions for child or family support brought by or otherwise involving the local child support agency under title IV-D of the Social Security Act, the Department of Child Support Services' California Guideline Child Support Calculator software program must be used by:

(A) Parties and attorneys to present support calculations to the court; and
(B) The court to prepare support calculations.

(2) In all non-title IV-D proceedings, the court may use and must permit parties or attorneys to use any software certified by the Judicial Council under this rule.

A:  Family Code section 4055 provides that the Judicial Council, commencing March 1, 2013 and annually thereafter shall determine the amount of the net disposable adjustment to the Low Income Adjustment (LIA) based on the change in the annual California Consumer Price Index for All Urban Consumers, published by the California Department of Industrial Relations, Division of Labor Statics (CDIR). The CDIR has now published the CCPI average for calendar year 2021. The percentage of annual average change from calendar year 2020 to 2021 is 4.2% or $78. The new LIA amount is $1,915.00 and that is the amount that should be applied to adjust the threshold for the Low Income Adjustment.” And the table would be as such:

Low Income Amount Threshold Table

Low Income Amount Threshold Table

A: No, the Center for Families, Children & the Courts does not maintain adoption records.

A: You may contact the California Department of Social Services (CDSS) Adoption Services Branch (ASB) at telephone number 916-651-8089 for assistance.

The mailing address is: California Department of Social Services, Adoption Services Branch, 744 P Street MS 8-12-521, Sacramento, CA 95814.

For information, please visit the CDSS's Adoption Services Website:
https://www.cdss.ca.gov/benefits-services/adoption-services

A: You may contact the California Department of Social Services (CDSS) Adoption Services Branch (ASB) at telephone number 916-651-8089 for assistance.

For CDSS forms, please visit the CDSS’s Forms/Brochures Website:
https://www.cdss.ca.gov/inforesources/forms-brochures

A: Judicial Council Forms are located in the Forms & Rules section. Above the button “See Forms,” click the “Adoption” field. Then click “See Forms.”

A: No.

A: The Adoption Assistance Program (AAP) is an entitlement program to provide financial assistance and/or medical coverage to facilitate the adoption of children who otherwise would remain in long-term foster care. Public Law 62-272—The Adoption Assistance and Child Welfare Act of 1980 created federal incentives to encourage the adoption of special needs children. The California State Legislature created AAP with the intent to provide the security and stability of a permanent home through adoption. AAP eligible children may receive federally funded benefits or non-federally funded benefits per state guidelines. The request for AAP benefits, the eligibility determination, benefit negotiation, and execution of the AAP agreement must be completed prior to the adoption finalization.

A: To be eligible for AAP, the child or Nonminor Dependent (NMD) must meet the three components of AAP eligibility, per Welfare and Institutions Code Section 16120 and California Code of Regulations Section 35626:
I. Three Part Special Needs Determination
II. Citizenship
III. Eligibility Pathway

A: AAP Benefits include:

• Monthly Negotiated Rate
• Medical coverage (Medicaid/Medi-Cal)
• Reimbursement of Nonrecurring Adoption Expenses (up to $400 per child adopted)
• Payment for temporary out-of-home placement
• Payment for temporary Wraparound services

AAP Benefits may continue:

• If the child is subsequently adopted
• Regardless of the adoptive family’s state or country of residence
• To age 21, if eligible

A: Yes. Adoptive parents may request a reassessment/renegotiation of the AAP rate if there has been a change in their child’s care and supervision needs, and their family circumstances. Adoptive parents may submit their request to their responsible public agency (county adoption/post adoption unit or CDSS Adoption Regional Office).

A: The negotiated AAP rate for an AAP eligible child is based on the child’s care and supervision needs, and the family circumstances.

A: AAP cases are either federally funded (Title IV-E) or state/non-federally funded.

A: Yes. A child may receive Supplemental Security Income (SSI) and AAP. AAP is not a means tested program. For AAP eligibility, the SSI payments, and any other income the parent(s) or the child may receive is not to be considered for the determination of eligibility or the negotiation of the AAP rate.

A: The Specialized Care Increment (SCI) is a rate, in addition to the AAP Basic Rate, that may be available to an AAP eligible child to pay for the child’s needs which are beyond basic care and supervision, such as behavioral, emotional, health, and physical needs.

A: No, it is at the counties’ discretion.

A: The reassessment process is an opportunity for adoptive parents to provide their responsible public agency with an update on their child’s care and supervision needs, and their family circumstances.

A: The REASSESSMENT INFORMATION ADOPTION ASSISTANCE PROGRAM (AAP 3) form is sent every two years to adoptive parents to remind them to keep the responsible public agency up to date on their child’s care and supervision needs, and their family circumstances. Adoptive parents have the option to complete the AAP 3 and send the completed AAP 3 to their responsible public agency but are not required to complete the AAP 3 to make a request to reassess the AAP rate.

Adoptive parents may make a request for a reassessment of the AAP rate at any point during the child’s eligibility by contacting their responsible public agency via phone, email, and/or mail.

A: The mission of the State Hearings Division is to resolve disputes of applicants and recipients of public social services in an impartial, independent, fair, and timely manner, ensuring that due process is met in accordance with federal and state law.

For information on the CDSS State Hearings Division, please visit the CDSS’ State Hearings Division Website: https://www.cdss.ca.gov/inforesources/state-hearings

A: If adoptive parents disagree with an action related to their child’s AAP case, it is at their discretion to request a fair hearing. Instructions on how to request a fair hearing will be stated on the Notice of Action (NOA) adoptive parents receive following an action related to their child’s AAP case.

A: For any questions and/or assistance regarding AAP, please email AAP@dss.ca.gov or contact the Adoption Services Branch at 916-651-8089.

For information on AAP, please visit the CDSS’ AAP Website: https://www.cdss.ca.gov/inforesources/adoptions/adoption-assistance-program

A: ICWA stands for Indian Child Welfare Act. (25 U.S.C. § 1901 et seq.) ICWA is a multifaceted federal statute that sets minimum federal standards for most state court proceedings involving custody of Indian children. It includes provisions addressing tribal rights and opportunities, Indian social and cultural considerations, and procedural and substantive protections for Indian children, their parents, and Indian custodians. This act implements the federal government’s responsibility to Indian children and tribes by protecting and preserving the bond between Indian children and their tribe and culture. Congress passed ICWA to address the misuse of removing Indian children and placing them with non-Indian families.

Learn more about the ICWA Initiative.

A: No. Both tribes and government agencies use multiple criteria to determine the eligibility of an Indian to be a tribal member or participate in certain programs. To determine what the criteria are for specific tribes or agencies, you must contact them directly. Formal enrollment is not required in order for a person to be a member of, or be eligible for membership in, a tribe and come within the scope of ICWA.

A: The Indian Child Welfare Act says that it applies to all of these kinds of actions:

1. Foster care placements: According to ICWA, "foster care placement" refers to any action that removes an Indian child from his or her parents or Indian custodian for temporary placement in a foster home or institution, or in the home of a guardian or conservator, and in which the Indian parent or custodian cannot have the child returned upon demand, but parental rights have not been terminated. (25 U.S.C. § 1903(1)(i).)
2. Termination of parental rights: ICWA includes in the category of termination of parental rights any action that results in the termination of the parent-child relationship. Both voluntary and involuntary proceedings are included. (25 U.S.C. § 1903(1)(ii).)
3. Preadoptive placements: ICWA defines a preadoptive placement as the temporary placement of an Indian child in a foster home or an institution after the termination of parental rights but prior to or in lieu of an adoptive placement. (25 U.S.C. § 1903(1)(iii).)
4. Adoptive placements: ICWA defines an adoptive placement as the permanent placement of an Indian child for adoption, including any action that may result in a final decree of adoption. (25 U.S.C. § 1903(1)(iv).) In determining adoptive placements, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child's extended family; (2) other members of the Indian child's tribe; or (3) other Indian families. (25 U.S.C. § 1915(a).)

In terms of proceedings in California, this means that ICWA applies to:
1. Dependency: ICWA applies to these proceedings whenever there is or may be a foster care placement or termination of parental rights. (Welf. & Inst. Code, § 224.3.)
2. Delinquency and Status Offenses: ICWA applies to these proceedings if the placement is based on an act that is not a crime if committed by an adult, including such things as truancy.  ICWA also applies in any delinquency case in which the child is in foster care or at risk of entering foster care or termination of parental rights is being considered.  (Welf. & Inst. Code, §§ 727.4 and 224.3.)
3. Family Code Section 3041 Placements and Termination of Parental Rights: ICWA applies to proceedings under the Family Code that could award custody of an Indian child to a nonparent (or Indian custodian), such as placements under section 3041 of the Family Code.  It also applies to any proceedings under the Family Code that would result in the termination of parental rights to an Indian child, such as an adoption including stepparent adoption.
4. Probate Guardianships and Conservatorships: ICWA applies to guardianships and conservatorships which involuntarily remove Indian children from the custody and care of their parents or Indian custodians.

The above references to the Indian Child Welfare Act, and Family, Probation, and Welfare and Institutions codes can be conveniently found here.

A: Some, but not all. ICWA does not apply to all child custody disputes. For example, it does not apply to custody disputes between parents in divorce or dissolution proceedings. However, an action by one parent to terminate parental rights of the other parent is covered by the act. A divorce proceeding may be covered if a third party seeks custody as in proceedings under the Family Code or Probate Code described above under “What type of proceedings are covered by ICWA?”. The issue of whether ICWA applies to family law custody disputes between parents who were never married is unsettled.

A: ICWA sets minimum federal standards and requirements that must be followed in state court proceedings to which it applies.  In particular, ICWA requires: 

• Inquiry to determine if a child before the court is an Indian child to whom ICWA might or does apply; (Fam. Code., § 177(a); Prob. Code., § 1459.5(b); Welf. & Inst. Code, § 224.2).
• Notice to the child’s parents, Indian custodian (if any) defined under 25 U.S.C. § 1903(6) as any Indian person 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 has been transferred by the parent of such child, tribe or tribes. (Copies of these notices are also sent to the Secretary of the Interior.  If you do not know the identity or location of the child’s parents, Indian custodian (if any), or tribe, then the notice must also be served on the BIA Area Director.) (25 U.S.C. § 1912(a); Fam. Code., § 180; Prob. Code., § 1460.2; Welf. & Inst. Code, § 224.3).
• Extra time for preparation if requested. (25 U.S.C. §1912(a); Fam. Code. § 180(d), (e); Prob. Code. §1460.2(d), (e); Welf. & Inst. Code § 224.2(c), (d)).
• A right to counsel for indigent parents and Indian custodians; (25 U.S.C. § 1912(b); Prob. Code. § 1474; Fam. Code. § 180(b)(5)(G)(v); Welf. & Inst. Code. § 317(a)(2)).
• “Active efforts” to prevent the breakup of the Indian family; (25 U.S.C. § 1912(d); Fam. Code. § 177(a); Prob. Code. § 1459.5(b); Welf. & Inst. Code § 361.7).
• Certain evidentiary standards and requirements such as the testimony of a qualified expert witness before there can be a foster placement or termination of parental rights; (25 U.S.C. § 1912 (e) & (f); Fam. Code. § 177(a); Prob. Code. § 1459.5(b); Welf. & Inst. Code §§361, 361.31, 361.7(c)).
• Placement of Indian children in accordance with placement preferences set out in ICWA or by resolution of the child’s tribe unless there is good reason to deviate from those placement preferences. (25 U.S.C. §1915; Fam. Code. § 177(a); Prob. Code. § 1459(b); Welf. & Inst. Code § 361.31).

The above references to the Indian Child Welfare Act, and Family, Probation, and Welfare and Institutions codes can be conveniently found here.

A: ICWA sets minimum federal standards and requirements that must be followed in state court proceedings to which it applies.  In particular ICWA requires:

• Inquiry to determine if a child before the court is an Indian child to whom ICWA might or does apply; (Fam. Code., § 177(a); Prob. Code., § 1459.5(b); Welf.. & Inst. Code, § 224.3).
• Notice to the child’s parents, Indian custodian (if any), tribe or tribes. (Copies of these notices are also sent to the Secretary of the Interior.  If you do not know the identity or location of the child’s parents, Indian custodian (if any), or tribe, then the notice must also be served on the BIA Area Director.) (25 U.S.C. § 1912(a); Fam. Code., § 180; Prob. Code., § 1460.2; Welf.. & Inst. Code, § 224.2).
• Extra time for preparation if requested. (25 U.S.C. §1912(a); Fam. Code. § 180(d), (e); Prob. Code. §1460.2(d), (e); Welf.. & Inst. Code § 224.2(c), (d)).
• A right to counsel for indigent parents and Indian custodians; (25 U.S.C. § 1912(b); Prob. Code. § 1474; Fam. Code. § 180(b)(5)(G)(v); Welf. & Inst. Code. § 317(a)(2)).
• “Active efforts” to prevent the breakup of the Indian family; (25 U.S.C. § 1912(d); Fam. Code. § 177(a); Prob. Code. § 1459.5(b); Welf.. & Inst. Code § 361.7).
• Certain evidentiary standards and requirements such as the testimony of a qualified expert witness before there can be a foster placement or termination of parental rights; (25 U.S.C. § 1912 (e) & (f); Fam. Code. § 177(a); Prob. Code. § 1459.5(b); Welf.. & Inst. Code §§361, 361.31, 361.7(c)).
• Placement of Indian children in accordance with placement preferences set out in ICWA or by resolution of the child’s tribe unless there is good reason to deviate from those placement preferences. (25 U.S.C. §1915; Fam. Code. § 177(a); Prob. Code. § 1459(b); Welf.. & Inst. Code § 361.31).

The above references to the Indian Child Welfare Act, and family, probation, and WIC codes can be conveniently found here.

A: ICWA promotes the best interests of Indian children by promoting long term connections to their families and Indian communities. ICWA presumes that it is in the best interest of Indian children to maintain a connection with their tribes. The two purposes of ICWA are "to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families. . . ." (25 U.S.C. § 1902.)

To protect the best interest of Indian children, the following objectives of the act should be considered: (1) jurisdictional provisions and intervention rights designed to enhance tribal control and involvement in Indian child custody cases, (2) the adoption of minimum federal standards for the removal of Indian children from their families, (3) the placement of Indian children in Indian homes, and (4) the support of tribal child and family service programs.

The Indian child has an interest in his or her tribe; therefore, Congress has sought to protect Indian children by imposing minimum federal standards designed to ensure that cultural bias and misunderstanding do not adversely affect an Indian child’s relationship with his or her Indian family and tribe. 

A. Whenever the court or agency know or have reason to know an Indian child is involved, any foster care or guardianship placement of an Indian child, or any emergency removal of a child shall be in the least restrictive setting that most approximates a family situation and in which the child's special needs, if any, may be met. The child shall also be placed within reasonable proximity to the child's home, taking into account any special needs of the child. Preference shall be given to the child's placement with one of the following, in descending priority order:

(1) A member of the child's extended family, as defined in Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
(2) A foster home licensed, approved, or specified by the child's tribe.
(3) An Indian foster home licensed or approved by an authorized non-Indian licensing authority.
(4) 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.

For the adoption of an Indian child, preference shall be given to a placement with one of the following, in descending priority order:

(1) A member of the child's extended family, as defined in Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
(2) Other members or citizens of the child's tribe.
(3) Another Indian family.

To deviate from the placement preferences based on unavailability, the court must make a finding of good cause.

(WIC 361.31)

A: Anyone involved in the placement of an Indian child must use the services of the Indian child's tribe, whenever available through the tribe, in seeking to secure placement within the order of placement preference established in this section and in the supervision of the placement.

The tribe also has other options regarding placement. For example, the tribe may establish and different order of preference for placement or  specify a particular placement. Additionally, the tribe may (depending on the tribe’s capacity) license a home for placement.

A: The court cannot deviate from the placement preferences set out in section 361.31 of the Welfare and Institutions Code except on a finding of “good cause” under 361.31(j). A finding of good cause may not be based on the socioeconomic status of any placement relative to another, nor based solely on ordinary bonding or attachment that flowed from time spent in a nonpreferred placement that was made in violation of ICWA. If good cause is based on the unavailability of a suitable placement within the preferences the court must made a determination that there was a diligent search for a placement within the preferences.

A: Active efforts are affirmative, thorough, and timely efforts intended primarily to maintain or reunite and Indian child with the child’s family. If an agency (such as a child welfare agency, probation department or adoption agency) is involved in the case, active efforts must include assisting the parents(s) or Indian custodian through the steps of a case plan and accessing or developing the resources necessary to fulfill the case plan. Active efforts must be culturally appropriate and conducted in partnership with the child’s family, extended family, and tribal community. (Welf. & Inst. Code § 224.1(f))

A: The court cannot order a foster care placement or termination of parental rights without making a finding, supported by sufficient evidence in the record, that active efforts have been provided to prevent the breakup of the Indian family and that those efforts have been unsuccessful

A: Qualified Expert Witness is a person who gives testimony under section 1912 of the Indian Child Welfare Act (“ICWA”), 25 U.S.C. § 1901 et seq. that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

A: In passing ICWA in 1978, Congress noted the alarmingly high rate at which Indian children were removed from their families by child welfare authorities. Further, congress noted that these removals were often unwarranted and resulted from cultural bias or a misunderstanding of tribal family structures and childrearing practices rather than any real danger to the children. Testimony before congress stated that:

One of the most serious failings of the present system is that Indian children are removed from the custody of their natural parents by nontribal government authorities who have no basis for intelligently evaluating the cultural and social premises underlying Indian home life and childrearing. The requirement for QEW testimony to address the cultural values and childrearing practices of the Indian child’s tribe was meant to prevent these unwarranted removals.

A: ICWA requires the testimony of a qualified expert witness in the following circumstances: (1) before a state court can make an order for involuntary foster care placement; (2) before a state court can involuntarily terminate parental rights of the parent of an Indian child; (3) in California if a party is seeking to deviate from the ICWA placement preferences based on the needs of the child. (25 U.S.C. § 1912 (e) and (f); Welf. & Inst. § 224.6) 

A: There are two aspects to the QEW’s testimony; (1) harm to the child and (2) the cultural standards within the child’s tribe.

The central question that QEW testimony must address is 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. (25 U.S.C. § 1912 (e) and (f)).

California law further clarifies that in making the determination about 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, the court must 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. (Welf. & Inst. Code § 224.6 (b)(2)).

A: Under ICWA, there are a variety of ways in which a tribe may participate in a child custody proceeding:

• A tribe may have exclusive jurisdiction over some child custody matters (25 U.S.C. § 1911(a),but exclusive jurisdiction is rare in California).
• A tribe may petition to transfer a proceeding from state court to tribal court (25 U.S.C. § 1911 (b)).
• A tribe may intervene as a party in state court proceedings (25 U.S.C. § 1911(c)).
• A tribe may choose not to intervene but to monitor the proceedings to ensure that their interests are protected and the ICWA requirements are fulfilled.
• A tribe may petition to invalidate state court proceedings which do not comply with ICWA (25 U.S.C. § 1914).
• A tribe may alter the placement preferences under ICWA and offer opinions on the appropriate placement of the Indian child (25 U.S.C. § 1915 (c)).

A: A tribe may intervene at "any point in the proceeding." (25 U.S.C. § 1911(c); Fam. Code. § 177(a); Prob. Code. § 1459.5(b); Welf. & Inst. Code § 224.4.) Tribes have a right to intervene in state court proceedings falling under ICWA. Once they intervene, tribes become a party to the proceedings.

Note that tribal intervention is not required in order for ICWA to apply to a proceeding nor for a tribe to assert many of the rights set out above under “What rights to a child’s tribe have?”.

A: Yes. A tribe may petition at any time to invalidate a proceeding conducted in violation of designated provisions of the act. (25 U.S.C. § 1914).

A: A tribe may elect to participate in a state court proceeding involving an Indian child in several capacities, including (1) filing a petition to transfer the case to a tribal forum, (2) exercising rights granted under the act to alter the minimum federal standards (See Q&A “What are the implications of ICWA for a case?”), (3) intervening as a party at any point in an Indian child’s custody proceeding covered by the act, (4) providing evidence and testimony, and (5) providing services in certain cases when a tribe operates child and family service programs. (25 U.S.C. § 1911; Welf. & Inst. Code §361.7(b); Cal. Rules of Court, rule 5.530 (b), rule 5.534 (b))

A: The Indian Child Welfare Act (ICWA) gives the Indian child’s tribe the right to intervene in a proceeding “at any stage”. (25 U.S.C. § 1911 (c)). The tribe can appear by counsel or may be represented by a non-attorney designated by the tribe to intervene on its behalf.  (Cal. Rules of Court, Rule 5.534(i). Tribes may clarify the authority of a tribal representative by resolution or other tribal documentation in accordance with the governing procedures of the tribe. (Judicial Council Form ICWA-040 Notice of Designation of Tribal Representative and Notice of Intervention in a Court Proceeding Involving an Indian Child).

Courts have held that the federal ICWA preempts state laws that would otherwise require representation by an attorney. These cases hold that a non-attorney tribal representative may sign pleadings on behalf of the tribe and present evidence at court hearings. (See State v. Jennifer M., 277 Neb. 1023, 1024 (2009); State ex rel Juvenile Department of Lane County v. Shuey, 119 Ore.App. 185 (1993); In the Interest of N.N.E., 752 N.W.2d 1 (2008).)

A: There are more than 550 federally recognized tribes in the United States and more than 100 federally recognized tribes in California. Federally recognized tribes have a special legal relationship with the U.S. government, known as a government-to-government relationship. The number of federally recognized tribes is growing because a tribe can gain recognition by successfully petitioning the federal government under the regulations governing federal acknowledgment or, in some cases, by securing status clarification from the Bureau of Indian Affairs through litigation or legislation.

A: The Bureau of Indian Affairs is the best resource for locating a particular tribe. The bureau's Web site is http://www.bia.gov/. Its telephone number is 202-208-3711, and its mailing address is: Department of the Interior, Bureau of Indian Affairs Office of Public Affairs, 1849 C Street NW, Washington, DC 20240-0001.  You can also follow the link from the tribal project’s unit website.

Under the terms of ICWA and its implementing regulations, the Department of the Interior publishes in the Federal Register a list of Designated Tribal Agents for Service of Notice under the Indian Child Welfare Act. Click here to view the most current list.

A: Yes. The Judicial Council’s Center for Families, Children & the Courts Tribal/State Programs Unit provides information and technical assistance and draws together resources on ICWA.

View more ICWA resources and materials from the Tribal/State Programs Unit.

A: Yes.

View ICWA California rules of court, forms, federal laws, and other materials.

A: Training programs produced for family court professionals by the Center for Families, Children & the Courts are for court staff only. The funds that support this training are dedicated to developing court-connected staff.