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Title
Rules and Forms | Indian Child Welfare Act (ICWA): Implementation of Assembly Bill 3176 for Indian Children (Action Required)
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Summary
Summary
The Tribal Court-State Court Forum and the Family and Juvenile Law Advisory Committee recommend adopting a new rule of court, amending 16 other rules, creating 3 new forms for Indian Child Welfare Act (ICWA) proceedings, and revising 27 forms for ICWA and juvenile court dependency proceedings to comply with statutory changes in Assembly Bill 3176 (Waldron; Stats. 2018, ch. 833), as well as changes to governing federal regulations and guidelines. The proposal also addresses technical amendments and corrections and responds to several appellate court decisions regarding ICWA rules and forms.
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Recommendation
Recommendation
The Tribal Court-State Court Forum and the Family and Juvenile Law Advisory Committee recommend that the Judicial Council, effective January 1, 2020:
1. Adopt rule 5.484 to create a rule related specifically to emergency proceedings in ICWA cases consistent with federal regulations and revised state law;
2. Amend rule 5.480 to reflect the four distinct proceedings set out in the federal regulations and AB 3176;
3. Amend rule 5.481 to implement changed inquiry and notice requirements;
4. Amend rule 5.482 to reflect the changes in ICWA noticing requirements;
5. Amend rule 5.483 to conform the jurisdictional and transfer provisions to the new language of Welfare and Institutions Code section 305.5;
6. Amend rules 5.484 and 5.485 to revise the analysis of placement preferences and active efforts to reflect the language of the new federal regulations and renumber as rules 5.485 and 5.486, respectively;
7. Amend rules 5.485 and 5.486 to reflect requirements regarding active efforts and compelling reasons not to terminate parental rights and renumber as rules 5.486 and 5.487, as rules respectively;
8. Amend rule 5.550 to reflect the limitations on continuances and time requireme...
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