| Cal.Fam.Code § 185
1. Preliminary Provisions and Definitions
Part 3. Indian Children
185. Indian child of tribe not recognized to have tribal
status under federal law; tribal participation at hearings
(a) In a custody proceeding involving a child who would
otherwise be an Indian child based on the definition contained
in paragraph (4) of Section 1903 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), but is not
an Indian child based on status of the child's tribe,
as defined in paragraph (8) of Section 1903 of the
federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), the court may
permit the tribe from which the child is descended to
participate in the proceeding upon request of the tribe.
If the court permits a tribe to participate in a
proceeding, the tribe may do all of the following, upon
consent of the court:
Be present at the hearing.
Address the court.
Request and receive notice of hearings.
Request to examine court documents relating to the proceeding.
Present information to the court that is relevant to the
Submit written reports and recommendations to the court.
Perform other duties and responsibilities as requested or approved by
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 paragraph (2) of subdivision
(d) of Section 170.
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 (25 U.S.C. Sec. 1901 et seq.), or any state
the Indian Child Welfare Act, applicable to the proceedings, or to limit the court's
discretion to permit other interested persons to participate in these
or any other proceedings.
This section shall only apply to proceedings involving an Indian
by Stats.2006, c. 838 (S.B.678), §