California Welfare and Institutions Code § 224.1

(a) As used in this division, unless the context requires otherwise, the following definitions shall apply: (1) “Indian” means any person who is a member or citizen of an Indian tribe, as defined in paragraph (4), or who is an Alaska Native and a member or citizen of a Regional Corporation as defined in Section 1606 of Title 43 of the United States Code. (2) “Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the parent of that child. (3) “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians. (4) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in subdivision (c) of Section 1602 of Title 43 of the United States Code. (5) “Reservation” has the same meaning as “Indian country” as defined in Section 1151 of Title 18 of the United States Code, and any lands that are not covered under Section 1151 and the title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against alienation. (6) “Tribal court” means a court with jurisdiction over child custody proceedings, and that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings. (b) As used in this division, the term “Indian child” means all of the following: (1) Any unmarried person who is under 18 years of age and who is either of the following: (A) A member or citizen of an Indian tribe. (B) Eligible for membership or citizenship in an Indian tribe and is a biological child of a member or citizen of an Indian tribe. (2) As used in connection with an Indian child custody proceeding, as defined in subdivision (d), brought in a juvenile court, the term “Indian child” also means an unmarried person who is 18 years of age or over, but under 21 years of age, who is a member or citizen of an Indian tribe or eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe, and who is under the jurisdiction of the juvenile court, unless that person or their attorney elects not to be considered an Indian child for purposes of the Indian child custody proceeding. All Indian child custody proceedings involving persons 18 years of age and older shall be conducted in a manner that respects the person’s status as a legal adult. (c) As used in connection with an Indian child custody proceeding, as defined in subdivision (d), the following definitions shall apply: (1) “Extended family member” has the same meaning as defined by the law or custom of the Indian child’s tribe or, in the absence of such law or custom, shall be a person who has reached 18 years of age and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent. (2) “Parent” means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom. (d) (1) “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

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