California Welfare and Institutions Code

§ 10553.12

WIC § 10553.12 Effective Sep 27, 2024Div. 9 · Part 2 · Ch. 2 · Art. 1

Statute text

(a)Notwithstanding any other law, a federally recognized tribe is authorized, but not required, to license or approve a home for the purpose of foster or adoptive placement of an Indian child.

(b)An Indian child, as defined in Section 224.1, who has been removed pursuant to Section 361, from the custody of their parents or Indian custodian may be placed in a tribally approved home, as defined in subdivision (r) of Section 224.1.

(c)To facilitate the availability of tribally approved homes that have been fully approved in accord with federal law, including completion of required background checks pursuant to Section 8712 of the Family Code, a tribe or tribal organization may request from the Department of Justice federal and state summary criminal history information and Child Abuse Central Index Information pursuant to paragraph (8) of subdivision (b) of Section 11170 of the Penal Code regarding a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant, a person who has a familial or intimate relationship with a person living in the home of an applicant, or an employee of the child welfare agency who may have contact with children.

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Legislative history

Amended by Stats. 2024, Ch. 656, Sec. 25. (AB 81) Effective September 27, 2024.