California Probate Code

§ 1459.5

PROB § 1459.5 Effective Jan 1, 2007Div. 4 · Part 1 · Ch. 2

Statute text

(a)The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall apply to the following guardianship or conservatorship proceedings under this division when the proposed ward or conservatee is an Indian child:

(1)In any case in which the petition is a petition for guardianship of the person and the proposed guardian is not the natural parent or Indian custodian of the proposed ward, unless the proposed guardian has been nominated by the natural parents pursuant to Section 1500 and the parents retain the right to have custody of the child returned to them upon demand.

(2)To a proceeding to have an Indian child declared free from the custody and control of one or both parents brought in a guardianship proceeding.

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Legislative history

Added by Stats. 2006, Ch. 838, Sec. 18. Effective January 1, 2007.