Prob. Code, § 1459.5 · Chapter 2. General Provisions
Prob. Code, § 1459.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) shall apply to the following guardianship or conservatorship proceedings under this division when the proposed ward or conservatee is an Indian child:
(1) In any case in which the petition is a petition for guardianship of the person and the proposed guardian is not the natural parent or Indian custodian of the proposed ward, unless the proposed guardian has been nominated by the natural parents pursuant to Section 1500 and the parents retain the right to have custody of the child returned to them upon demand.
(2) To a proceeding to have an Indian child declared free from the custody and control of one or both parents brought in a guardianship proceeding.
(3) In any case in which the petition is a petition for conservatorship of the person of a minor whose marriage has been dissolved, the proposed conservator is seeking physical custody of the minor, the proposed conservator is not the natural parent or Indian custodian of the proposed conservatee and the natural parent or Indian custodian does not retain the right to have custody of the child returned to them upon demand.
(b) When the Indian Child Welfare Act applies to a proceeding under this division, the court shall apply Sections 224.3 to 224.6, inclusive, and Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code, and the following rules from the California Rules of Court, as they read on January 1, 2005:
(1) Paragraph (7) of subdivision (b) of Rule 1410.
(2) Subdivision (i) of Rule 1412.
(c) In the provisions cited in subdivision (b), references to social workers, probation officers, county welfare department, or probation department shall be construed as meaning the party seeking a foster care placement, guardianship, or adoption.
Notes and commentary — not statutory text
History
Added by Stats. 2006, Ch. 838, Sec. 18. Effective January 1, 2007.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1459.5.
- Text hash
- sha256 6dc95154f54add94a67b1802e459f391a157755548b768a2af27a939001eae00
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Probate Code
Welfare and Institutions Code
- Welf. & Inst. Code, § 305.5Printed as Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code
- Welf. & Inst. Code, § 361.31Printed as Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code
- Welf. & Inst. Code, § 361.7Printed as Sections 305.5, 361.31, and 361.7 of the Welfare and Institutions Code
Cited by 6 provisions
Provisions in this library whose text cites Prob. Code, § 1459.5. Each shows the citation as that text prints it.
Probate Code
California Rules of Court
- Cal. Rules of Court, rule 5.480ApplicationPrinted as Probate Code section 1459.5
- Cal. Rules of Court, rule 5.483Dismissal and transfer of casePrinted as Probate Code section 1459.5(b)
- Cal. Rules of Court, rule 5.485Placement of an Indian childPrinted as Probate Code section 1459.5(b)
- Cal. Rules of Court, rule 5.590Advisement of right to review in section 300, 601, or 602 casesPrinted as Probate Code section 1459.5(b)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.