| Cal.Fam.Code § 170
1. Preliminary Provisions and Definitions
Part 3. Indian Children
170. Definitions; eligible membership in more than one tribe
(a) As used in this code, unless the context otherwise
requires, the terms "Indian," "Indian child," "Indian child's tribe,"
"Indian custodian," "Indian organization," "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.
"Indian child custody proceeding" means a "child custody proceeding" within
the meaning of Section 1903 of the Indian Child Welfare Act, 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. An "Indian child custody proceeding" does not
include a proceeding under this code commenced by the parent
of an Indian child to determine the custodial rights of
the child's parents, unless the proceeding involves a petition to
declare an Indian child free from the custody or control
of a parent or involves a grant of custody to
a person or persons other than a parent, over the
objection of a parent.
If 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.
Residence on or near one of the tribes' reservations by
the child's 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 180.
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), §