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California legal term

Indian child custody proceeding in California Criminal Law

Current through 2026 California legislative session

In California criminal law, “Indian child custody proceeding” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.

What does “Indian child custody proceeding” mean in California criminal law?

“Indian child custody proceeding” means a hearing other than an emergency proceeding under Section 319, during a juvenile court proceeding brought under this code, including, but not limited to, any hearing pursuant to Section 366.26, or a proceeding under the Probate Code or the Family Code, involving an Indian child, that may culminate in one of the following outcomes: (A) Foster care placement, which includes removal of an Indian child from their parent, parents, or Indian custodian for placement in a foster home, institution, the home of a guardian or conservator, or anyone other than one (Cal. Welf. & Inst. Code § 224.1)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.