(a) Notwithstanding Section 827, whenever the juvenile court of a county has made a determination pursuant to subdivision (a), (b), or (f) of Section 305.5 that a child custody proceeding of an Indian child is to be transferred to the jurisdiction of a tribal court the child case file shall be transferred to the tribe.
(b) If an Indian child is under the jurisdiction of a Title IV-E tribe or a Tribal Title IV-E agency, federal law requires the safeguarding of information as set forth in 45 C.F.R 205.50.
(c) In all other transfers, the juvenile court shall order the release of the child’s case file provided that the tribe agrees to maintain the documentation confidential consistent with state and federal law.
(d) As used in this section, a “child case file” means information including the juvenile case file retained by the juvenile court and the child welfare agency files or records retained by the county. For Title IV-E tribes or a Tribal Tile IV-E agency that information includes, but need not be limited to, the documentation set forth in 45 C.F.R. 1356.67.
(Added by Stats. 2014, Ch. 772, Sec. 14. (SB 1460) Effective January 1, 2015.)
Last modified: October 25, 2018