| Cal.Prob.Code § 1449
4. Guardianship, Conservatorship, and Other Protective Proceedings
Part 1. Definitions and General Provisions
Chapter 1. Short Title and Definitions
1449. Indian child custody proceedings; definitions; membership in
more than one tribe
(a) As used in this division, unless the context otherwise
requires, the terms "Indian," "Indian child," "Indian child's tribe," "Indian
custodian," "Indian tribe," "reservation," and "tribal court" shall be defined
as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
When used in connection with an Indian child custody proceeding,
the terms "extended family member" and "parent" shall be
defined as provided in Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
"Indian child custody proceeding" means a "child custody proceeding" within
the meaning of Section 1903 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), including a voluntary
or involuntary proceeding that may result in an Indian child's
temporary or long-term foster care or guardianship placement if the
parent or Indian custodian cannot have the child returned upon
demand, termination of parental rights or adoptive placement.
When an Indian child is a member of more than
one tribe or is eligible for membership in more than
one tribe, the court shall make a determination, in writing
together with the reasons for it, as to which tribe
is the Indian child's tribe for purposes of the Indian
child custody proceeding. The court shall make that determination
If the Indian child is or becomes a member of
only one tribe, that tribe shall be designated as the
Indian child's tribe, even though the child is eligible for
membership in another tribe.
If an Indian child is or becomes a member of
more than one tribe, or is not a member of
any tribe but is eligible for membership in more than
one tribe, the tribe with which the child has the
more significant contacts shall be designated as the Indian child's
tribe. In determining which tribe the child has the
more significant contacts with, the court shall consider, among other
things, the following factors:
The length of residence on or near the reservation of
each tribe and frequency of contact with each tribe.
The child's participation in activities of each tribe.
The child's fluency in the language of each tribe.
Whether there has been a previous adjudication with respect to
the child by a court of one of the tribes.
The residence on or near one of the tribes' reservations
by the child parents, Indian custodian, or extended family members.
Tribal membership of custodial parent or Indian custodian.
Interest asserted by each tribe in response to the notice
specified in Section 1460.2.
The child's self-identification.
If an Indian child becomes a member of a tribe
other than the one designated by the court as the
Indian child's tribe under paragraph (2), actions taken based on
the court's determination prior to the child's becoming a tribal
member shall continue to be valid.
by Stats.2006, c. 838 (S.B.678), §