Description: The Tribal Court–State Court Forum and the Family and Juvenile Law Advisory Committee propose that, effective January 1, 2024, the Judicial Council amend California Rules of Court, rules 5.482 and 5.530, and approve Request for Tribal Participation (form ICWA-042). These rules and this form clarify the process and set standards consistent with California statutes for the court’s exercise of discretion to permit the participation of a tribe in juvenile cases involving a child affiliated with the tribe, despite no statutory right to participate or intervene under the Indian Child Welfare Act (ICWA) and section 224.4 of the Welfare and Institutions Code. As discussed in more detail below, although California law set out in the Welfare and Institutions Code protects the relationship between tribes and their children beyond the scope of ICWA and permits tribal participation in juvenile cases in various situations where ICWA does not apply, tribal leaders and other advocates report that courts often decline to permit tribes to participate in juvenile cases if ICWA does not apply.

Category: Tribal Court–State Court Forum

Item Number: SPR23-32

Deadline: May 12, 2023

File: spr23-32.pdf