Tribal Court-State Court Forum

What began with a simple request by one tribal court judge for a meeting with the Chief Justice of the State of California has taken us to where we are today in California, the coming together of tribal court and state court leaders as equal partners to address areas of mutual concern. The first, historic meeting was held in December 2009 and led to the establishment of the Tribal Court-State Court Forum (forum) in May 2010. Read the news release.  In October 2013, the California Judicial Council adopted rule 10.60 of the California Rules of Court establishing the forum as a formal advisory committee. In adopting this rule, the Judicial Council added a Comment acknowledging that tribes are sovereign and citing statutory and case law recognizing tribes as distinct, independent political nations that retain inherent authority to establish their own form of government, including tribal justice systems.

Learn more about the forum -- charge, members, and meetings

• Forum Accomplishments
• Forum Values & Principles
• Forum Communication Plan

LEGISLATION CHAPTERED

AB 1618 Juvenile Court Records and Tribal Access (Chaptered as Stats. 2014, Ch. 37, effective January 1, 2015) This legislation provides tribal entities and officials with access to confidential juvenile court files and records for children who are members of the tribe or eligible for membership in the tribe. By explicitly including tribes, tribal officials, and tribal entities within the exception to the confidentiality of juvenile court files, the bill will resolve a conflict between federal and state law on one side, and juvenile courts on the other. See the Judicial Council report.

SB 406 Tribal Court Civil Money Judgment Act (Chaptered as Stats. 2014, Ch. 243, effective January 1, 2015) This legislation simplifies and clarifies the process by which tribal court civil money judgments are recognized and enforced in California. For Judicial Council reports, see Proposed Legislation for Recognition and Enforcement of Tribal Court Civil Judgments (Code of Civ. Proc. §§ 1730 –1739); Proposed Legislation for Recognition and Enforcement of Tribal Court Civil Judgments.

SB 940:Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) (Chaptered as Stats. 2014, Ch. 553; some portions effective January 1, 2015 and others January 1, 2016) This legislation addresses issues involving conservatorships for members of Indian tribes located in California.

RULES AND FORMS PROPOSALS ADOPTED BY JUDICIAL COUNCIL   

Appeals Juvenile Law: Ensuring Tribal Receipt of Appellate Records

Child Support Transfer between State Court and Tribal Court

Delinquency Application of the Indian Child Welfare Act

Family and Juvenile Law Cases Transfer of Indian Child Welfare Act Proceedings to Tribal Court

Domestic Violence Tribal Court Protective Orders: Registration and Enforcement

Psychotropic Medication Notice to Indian Child's Tribe.

COMMENTS TO FEDERAL AND STATE REGULATIONS AND GUIDELINES  

Federal Child Support

Federal Indian Child Welfare Regulations

State Indian Child Welfare (Division 31) Regulations