Rule 5.487.Petition to invalidate orders

Division 2. Rules Applicable in Family and Juvenile Proceedings · Chapter 2. Indian Child Welfare Act · Last amended 2020 · Last verified September 10, 2026

In one sentenceRule 5.487 lets an Indian child, a parent or Indian custodian, or the tribe petition to invalidate an action that violated ICWA — and sets what happens if an adoption is undone.

Full Text of Rule 5.487

Text sizeJump to: (a) (b) (c)

(a) Who may petition

Any Indian child who is the subject of any action for foster-care placement, guardianship or conservatorship placement, custody placement under Family Code section 3041, declaration freeing a child from the custody and control of one or both parents, preadoptive placement, adoptive placement, or termination of parental rights; any parent or Indian custodian from whose custody such child was removed; and the Indian child’s tribe may petition the court to invalidate the action on a showing that the action violated the Indian Child Welfare Act.

(b) Court of competent jurisdiction

If the Indian child is a dependent child or ward of the juvenile court or the subject of a pending petition, the juvenile court is a court of competent jurisdiction with the authority to hear the request to invalidate the foster placement or termination of parental rights.

If a final decree of adoption is vacated or set aside, or if the adoptive parents voluntarily consent to the termination of their parental rights, a biological parent or prior Indian custodian may request a return of custody of the Indian child.

(1) The court must reinstate jurisdiction.

(2) In a juvenile case, the juvenile court must hold a new disposition hearing in accordance with 25 United States Code section 1901 et seq. where the court may consider all placement options as stated in Welfare and Institutions Code sections 361.31(b), (c), (d), and (h).

(3) The court may consider placement with a biological parent or prior Indian custodian if the biological parent or prior Indian custodian can show that placement with him or her is not detrimental to the child and that the placement is in the best interests of the child.

(4) The hearing on the request to return custody of an Indian child must be conducted in accordance with statutory requirements and the relevant sections of this rule.

End

Plain-English Summary

Standing is broad. The Indian child who is the subject of the action, any parent or Indian custodian from whose custody the child was removed, and the child’s tribe may petition to invalidate the action on a showing that it violated the Indian Child Welfare Act — across foster care, guardianship or conservatorship placement, custody under Family Code section 3041, freeing a child from parental custody and control, preadoptive or adoptive placement, or termination of parental rights.

Where the child is a dependent or ward of the juvenile court, or the subject of a pending petition, that court is a court of competent jurisdiction to hear the request to invalidate the foster placement or the termination of parental rights.

The rule also handles the aftermath of an undone adoption. If a final decree is vacated or set aside, or the adoptive parents voluntarily consent to termination of their rights, a biological parent or prior Indian custodian may request return of custody. The court must reinstate jurisdiction; in a juvenile case a new disposition hearing follows, at which all statutory placement options may be considered; and the court may place the child with the biological parent or prior custodian if that person shows the placement is not detrimental and is in the child’s best interests.

Frequently Asked Questions

Who can ask to invalidate an order under ICWA?

The Indian child who is the subject of the action, any parent or Indian custodian from whose custody the child was removed, and the child’s tribe.

Which court hears the request?

Where the child is a dependent or ward of the juvenile court or the subject of a pending petition, the juvenile court is a court of competent jurisdiction to hear the request to invalidate the foster placement or termination of parental rights.

What happens if an adoption is set aside?

A biological parent or prior Indian custodian may request return of custody. The court must reinstate jurisdiction, and in a juvenile case hold a new disposition hearing considering all statutory placement options.

Amendment History

Rule 5.487 renumbered and amended effective January 1, 2020; adopted as rule 5.486 effective January 1, 2008; previously amended effective January 1, 2013

(Subd (a) was amended effective January 1, 2020.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: invalidate ICWA order CaliforniaICWA violation remedyreturn custody after adoption set aside