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AZ SB1658
Bill
Status
2/2/2022
Primary Sponsor
Sally Gonzales
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AI Summary
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Amends Arizona law to establish comprehensive protections for Indian children in custody proceedings, mirroring federal Indian Child Welfare Act standards.
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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).
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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.
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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.
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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