AB 1824: Indian children: guardianship or conservatorship proceedings.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing federal law, the Indian Child Welfare Act (ICWA), governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child’s parent or guardian. Existing law states findings and declarations of the Legislature regarding Indian children, including that the state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices in accordance with the ICWA, and it is in the interest of an Indian child that the child’s membership or citizenship in the child’s Indian tribe and connection to the tribal community be encouraged and protected, and requires the court to consider those findings in all Indian child custody proceedings.

This bill would additionally state that the State of California is committed to protecting essential tribal relations by recognizing a tribe’s right to protect the health, safety, and welfare of its citizens.

(2)Existing provisions of state law govern guardianship and conservatorship proceedings. Existing law provides various definitions for these purposes, including “Indian child,” as defined in the ICWA, and sets forth requirements for proceedings involving Indian children. Existing law requires, if the subject of a petition is or may be an Indian child, that the petition state that fact.

This bill would define various terms consistent with provisions of the ICWA and for purposes of guardianship and conservator proceedings. The bill would also make conforming changes.

This bill would require, if the subject of a petition is or may be an Indian child, that the petition include specified information, including the reasons to know or believe the child of the petition is or may be an Indian child and the efforts taken to prevent the need for the appointment of the guardian.

This bill would specify that the court or a petitioner has a duty to inquire whether the child is or may be an Indian child prior to filing a petitioner for guardianship or conservatorship. The bill would require a court presiding over any guardianship or conservatorship proceeding that could result in placement of an Indian child with someone other than a parent or Indian custodian, to inquire at the first hearing on a petition whether the child is, or may be, an Indian child, as specified.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 25, 2026Chaptered by Secretary of State - Chapter 454, Statutes of 2026.
2. September 25, 2026Approved by the Governor.
3. August 31, 2026Enrolled and presented to the Governor at 4 p.m.
4. August 25, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6453.).
5. August 24, 2026In Assembly. Concurrence in Senate amendments pending.
6. August 24, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.).
7. August 19, 2026Read second time. Ordered to third reading.
8. August 18, 2026Read third time and amended. Ordered to second reading.
9. June 30, 2026Read second time. Ordered to third reading.
10. June 29, 2026From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
11. June 17, 2026From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 16). Re-referred to Com. on APPR.
12. May 6, 2026Referred to Com. on JUD.