1. (a) The requirements of the ICWA shall not apply to:

   1. (1) Adoptions in which a final decree of adoption was issued prior to May 8, 1979.

   2. (2) Children who are members of non-federally recognized Indian tribes.

      1. (A) The agency shall submit the AD 4311 to the department as required in Section 35359.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Sections 8619 and 8621, Family Code. Reference: Section 10553, Welfare and Institutions Code; and 25 U.S.C. Section 1923.

History

1. New section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this regulation was delayed due to necessary reformatting (Register 88, No. 50). For history of former Chapter 3, see Register 88, No. 1.

2. Change without regulatory effect adding new subsection (a) designator and amending Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).

3. Amendment filed 7-30-98 as an emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.

4. Amendment refiled 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 11-24-98 order transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).