Indian children.

Existing federal law, the Indian Child Welfare Act of 1978 (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child's parent or guardian. Existing law specifies that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with ICWA. Existing law requires a court in all Indian child custody proceedings to, among other things, comply with ICWA. This bill would require the Judicial Council to establish a rule of court that would authorize the use of telephonic or other remote access by an Indian child's tribe in proceedings where ICWA apply. The bill would prohibit the charging of a fee for the telephonic or remote access. Existing law requires counties to implement the resource family approval process and authorizes a federally recognized tribe to approve a home for the purpose of foster or adoptive placement of an Indian child pursuant to ICWA. Existing law generally makes a resource family eligible to provide foster care for any child in out-of-home placement, but authorizes a county and foster family agency to approve a resource family to care for a specific child. This bill would require, when the tribe does not exercise its right to approve a home for a specific child, the county and foster family agency to apply prevailing social and cultural standards of the Indian community when approving a resource family for that child. The bill would require the State Department of Social Services to issue all-county letters or similar instruction to provide guidance regarding consistent implementation of this provision. The bill would also clarify that tribal home approvals that comply with specific requirements are not subject to resource family approval requirements. By requiring counties to provide a higher level of service when approving resource families, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 1517 of the Health and Safety Code proposed by AB 819 to be operative only if this bill and AB 819 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 16519.5 of the Welfare and Institutions Code proposed by AB 819 and AB 865 to be operative only if this bill and AB 819, this bill and AB 865, or all 3 bills are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.