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AZ SB1773
Bill
Status
2/3/2021
Primary Sponsor
Sally Gonzales
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AI Summary
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Establishes exclusive jurisdiction for Indian tribes over child custody proceedings involving Indian children residing or domiciled within the tribe's reservation, with exceptions only for cases where jurisdiction is vested in the state by existing federal law.
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Requires Arizona juvenile courts to transfer foster care placement or termination of parental rights proceedings involving Indian children to tribal jurisdiction absent good cause, unless a parent objects or the tribe declines jurisdiction.
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Mandates notice to parents, Indian custodians, and tribes by registered mail at least ten days before any removal or termination proceeding, with the option to request an additional twenty days to prepare.
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Establishes heightened evidentiary standards requiring clear and convincing evidence for foster care placement and evidence beyond a reasonable doubt for termination of parental rights, with testimony from qualified expert witnesses required.
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Requires preference for placement of Indian children with extended family members, tribe members, or other Indian families, and establishes procedures for tribal court records and orders to receive full faith and credit in Arizona.
Legislative Description
Indian child welfare; custody proceedings
Jurisdiction
Last Action
Senate read second time
2/4/2021