2013 California Rules of Court
Rule 5.480. Application
This chapter addressing the Indian Child Welfare Act (25 United States Code section 1901 et seq.) as codified in various sections of the California Family, Probate, and Welfare and Institutions Codes, applies to all proceedings involving Indian children that may result in an involuntary foster care placement; guardianship or conservatorship placement; custody placement under Family Code section 3041; declaration freeing a child from the custody and control of one or both parents; termination of parental rights; or adoptive placement, including:
(1)
Proceedings under Welfare and Institutions Code section 300 et seq., and sections 601 and 602 et seq. in which the child is at risk of entering foster care or is in foster care, including detention hearings, jurisdiction hearings, disposition hearings, review hearings, hearings under section 366.26, and subsequent hearings affecting the status of the Indian child;
(2)Proceedings under Family Code section 3041;
(3)Proceedings under the Family Code resulting in adoption or termination of parental rights; and
(4)Proceedings listed in Probate Code section 1459.5 and rule 7.1015.
This chapter does not apply to voluntary foster care and guardianship placements where the child can be returned to the parent or Indian custodian on demand.
Rule 5.480 amended effective January 1, 2013; adopted effective January 1, 2008.