§ 306.6
423 words·~2 min read·
/ca/welfare-and-institutions-code/306-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In a dependency proceeding involving a child who would otherwise be an Indian child, based on the definition contained in subdivision
(b)of Section 224.1, but is not an Indian child based on the child’s Indian tribe not having federal recognition, as described by paragraph
(4)of subdivision
(a)of Section 224.1, the court may permit the tribe from which the child is descended to participate in the proceeding upon request of the tribe.
(b)If the court permits a tribe to participate in a proceeding, the tribe may do all of the following, upon consent of the court:
(1)Be present at the hearing or appear remotely as authorized by subdivision ( l ) of Section 224.2.
(2)Address the court.
(3)Request and receive notice of hearings.
(4)Request to examine court documents relating to the proceeding.
(5)Present information to the court that is relevant to the proceeding.
(6)Submit written reports and recommendations to the court.
(7)Perform other duties and responsibilities as requested or approved by the court.
(c)If more than one tribe requests to participate in a proceeding under subdivision (a), the court may limit participation to the tribe with which the child has the most significant contacts, as determined in accordance with the provisions for determining an Indian child’s tribe contained in subdivision
(e)of Section 224.1.
(d)This section is intended to assist the court in making decisions that are in the best interest of the child by permitting a tribe in the circumstances set out in subdivision
(a)to inform the court and parties to the proceeding about placement options for the child within the child’s extended family or the tribal community, services and programs available to the child and the child’s parents as Indians, and other unique interests the child or the child’s parents may have as Indians. This section shall not be construed to make the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or any state law implementing the Indian Child Welfare Act of 1978, applicable to the proceedings, or to limit the court’s discretion to permit other interested persons to participate in these or any other proceedings.
(e)The court shall, on a case-by-case basis, make a determination if this section is applicable and may request information from the tribe, or the entity claiming to be a tribe, from which the child is descended for the purposes of making this determination, if the child would otherwise be an Indian child pursuant to subdivision (a).