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California ICWA
Our Mission
At Indian Country Legal Services, our mission for California Indian Child Welfare Act (ICWA) advocacy is to protect the rights of Native children, families, and tribes in state court proceedings. We are committed to ensuring full compliance with ICWA’s standards by providing expert witness services, case strategy support, and legal consultation. Our goal is to preserve Native families, promote tribal sovereignty, and safeguard the cultural connections that are vital to the wellbeing of Native youth across California.
ICWA Qualified Expert Witness (QEW)
Do you need a Qualified Expert Witness (QEW) for an ICWA case? Our team is trained and experienced in providing culturally informed, legally sound testimony to support compliance with the Indian Child Welfare Act. We understand the unique needs of tribal communities and are here to help courts, agencies, and attorneys ensure Native families are protected and heard.
ICWA Consultant
Do you need expert guidance on ICWA compliance and case strategy? Our ICWA consultants provide in-depth case reviews, tailored case strategy, federal funding reviews, and compliance audits to ensure your matter meets all ICWA requirements. We’ll help you navigate active efforts, placement preferences, tribal notice obligations, and more. Whether you’re a child welfare agency, attorney, or tribal representative, we’ll work side by side with you to develop culturally informed plans, review case files, and train your team on best practices. Empower your case with ICWA consulting that puts Native families and tribal sovereignty first.
California Tribes
California is home to 109 federally recognized tribes, more than any other state. In addition, California has over 70 tribes that are recognized at the state level but not by the federal government. These tribes represent a rich diversity of Native cultures, languages, and traditions. Tribal communities are located throughout California, from the coast to the inland valleys and mountain regions. The large number of both federally and state-recognized tribes makes California a critical state for Indian Child Welfare Act (ICWA) protections, where maintaining Native families, tribal connections, and cultural identities is essential.
Why California is ICWA Friendly?
ICWA is applied differently in California because the state has its own version of the law called the California Indian Child Welfare Act (Cal-ICWA). Passed in 2006, Cal-ICWA strengthens the protections of the federal ICWA by requiring courts, social workers, and agencies to engage tribes at every stage of a child welfare case. California law places a greater emphasis on early tribal notification, active efforts to prevent the breakup of Native families, recognizing tribal authority to intervene or transfer cases to tribal court, and broadening the definition of an “Indian child.” These additional protections make California one of the strongest ICWA-enforcing states in the country. You can view the full text of Cal-ICWA in the California Welfare and Institutions Code, sections 224 through 224.6, available here.
Does California Terminate Parental Rights in ICWA Cases?
Yes, California law does allow for the termination of parental rights in Indian Child Welfare Act (ICWA) cases, but only under very strict conditions. California follows both federal ICWA and its own stronger version, the California ICWA (Cal-ICWA), which demands that active efforts are made to prevent the breakup of the Native family. Before a California court can terminate parental rights, it must find beyond a reasonable doubt, supported by qualified expert witness testimony, that returning the child to the parent would likely result in serious emotional or physical harm. The child’s tribe must also be given notice, the right to intervene, and the opportunity to transfer the case to tribal court. These extra protections are in place to safeguard the rights of Native families and preserve tribal connections whenever possible.
Who Does CAL-ICWA Apply To?
Cal-ICWA applies to any child custody proceeding involving a child who is a member of a federally recognized tribe or eligible for membership and the biological child of a member. It also applies to cases involving children connected to California’s state-recognized tribes. These protections cover foster care placement, termination of parental rights, guardianships, and adoptions.