Family Code, Probate Code, Welfare and Institutions Code dealing with Indian children renamed California Indian Child Welfare Act
For Release Contact: Maria L. Lopez
August 29, 2024 916-712-9854
Ramos measure strengthening Native American children and family rights in Indian Child Welfare cases heads to governor
Family Code, Probate Code, Welfare and Institutions Code dealing with Indian children renamed California Indian Child Welfare Act
SACRAMENTO—The California Assembly on Wednesday approved a bill safeguarding existing state statutes protecting Indian children, families and the rights of tribes in child welfare cases on Wednesday. Assemblymember James C. Ramos (D-San Bernardino) authored the measure, AB 81, that makes changes to placement of children in Indian child welfare cases.
Ramos said, “We, as Native Americans, are all too familiar with governmental removal of Indian children from their families. AB 81 is aimed at fortifying the federal Indian Child Welfare Act (ICWA) established in 1978 because large numbers of children were being removed from tribal families and placed in non-Indian families, away from their relatives and culture.”
Ramos added, “This bill helps to ensure that every effort is made to keep California Native American children in their communities. Last year the U.S. Supreme Court upheld the decades-old ICWA law and the rights of Native families and communities. AB 81 adds another layer of protection against the travesties that compelled ICWA’s creation and future challenges.”
The lawmaker, the first and only California Native American elected to the Legislature, noted that the battle to protect ICWA brought back memories of the U.S. boarding school era when Indian children were forcefully separated from their families as a means to erase their culture and coerce assimilation. A recent Department of Interior report found that almost 1,000 Native students died at the schools and suffered physical and psychological abuse.
AB 81 strengthens protections for California Indian children in the welfare and institutions code by requiring clear notice of proceedings to parents, direct lineal ancestors and custodians of the child, and the right to court-appointed counsel in any removal, placement, or termination proceeding. It also enshrines the states duty to consult with local federally and non-federally recognized tribes regarding the placement of native children in their custody.
“We appreciate the ongoing work of Assemblymember Ramos to address tribal matters in our state. We also want to thank the Legislature for recognizing the importance of strengthening the Indian Child Welfare Act in California, and the Governor’s office for working with us to advance this critical legislation. Morongo has worked for many years at the state and federal level to protect tribal children and families, including our efforts in helping secure last year’s decisive U.S. Supreme Court victory upholding ICWA. AB 81 advances the essential rights of tribal children and tribes in child welfare proceedings,” said Morongo Band of Mission Indians Tribal Chairman Charles Martin.
Co-Executive Director of the California Tribal Families Coalition Blair Kreuzer, MSW stated, “The California Tribal Families Coalition is grateful to the California Legislature for advancing AB 81 to the Governor’s desk, and to all the tribes and stakeholders who provided input and support to pass this crucial bill that will safeguard state statutes that protect tribal children and families with policies that are comprehensive, consistent, and clear.”
AB 81 is also supported by the Alliance for Children’s Rights, ACLU California Action, and Agua Caliente Band of Cahuilla Indians.
The governor has until September 30 to sign or veto the bill.
###
Assemblymember James C. Ramos proudly represents the 45th Assembly district that includes the Cities of Fontana, Highland, Mentone, Redlands, Rialto and San Bernardino. He is the first and only California Native American serving in the state’s legislature. Ramos chairs the Assembly Budget Subcommittee #6 on Public Safety.