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AZ SB1773

Bill

Status

Introduced

2/3/2021

Primary Sponsor

Sally Gonzales

Click for details

Origin

Senate

Fifty-fifth Legislature - First Regular Session (2021)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules2/4/2021
Judiciary2/3/2021

Full Bill Text

No bill text available