California · Family Code

FAM §7892.5: The court shall not declare an Indian child free from the custody or control of a parent, unless both of the following apply: (a) The court finds, supported by clear and convincing evidence, that acti

What this law says, in plain English

Courts cannot remove an Indian child from parental custody unless clear and convincing evidence supports specific findings outlined in the statute.

Read the full statutory text

The court shall not declare an Indian child free from the custody or control of a parent, unless both of the following apply: (a) The court finds, supported by clear and convincing evidence, that active efforts were made in accordance with Section 361.7 of the Welfare and Institutions Code. (b) The court finds, supported by evidence beyond a reasonable doubt, including testimony of one or more “qualified expert witnesses” as described in Section 224.5 of the Welfare and Institutions Code, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child. (c) This section shall only apply to proceedings involving an Indian child.

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