Loading chat...

AZ SB1658

Bill

Status

Introduced

2/2/2022

Primary Sponsor

Sally Gonzales

Click for details

Origin

Senate

Fifty-fifth Legislature - Second Regular Session (2022)

AI Summary

  • Amends Arizona law to establish comprehensive protections for Indian children in custody proceedings, mirroring federal Indian Child Welfare Act standards.

  • Requires state courts to transfer child custody proceedings involving Indian children to tribal courts unless good cause exists, with strict limitations on what constitutes "good cause" (excludes consideration of proceeding stage, cultural connections, or negative perceptions of tribal services).

  • Mandates "active efforts" to maintain or reunite Indian families before foster care placement, permanent guardianship, or termination of parental rights, with clear and convincing evidence required for foster care and evidence beyond reasonable doubt required for termination or guardianship.

  • Establishes placement preferences prioritizing extended family members, tribal-approved homes, and Indian families for adoptive, foster care, guardianship, and preadoptive placements, with court-documented reasons required to deviate from preferences.

  • Requires notice to parents, Indian custodians, tribes, and the U.S. Secretary of the Interior at least ten days before proceedings; guarantees appointed counsel for indigent parents; and allows parents to withdraw consent to foster care, guardianship, or adoption, with limited exceptions for finalized adoptions involving fraud or duress.

Legislative Description

Indian child welfare; custody proceedings

Jurisdiction

Last Action

Senate read second time

2/3/2022

Committee Referrals

Rules2/2/2022
Judiciary2/2/2022

Full Bill Text

No bill text available