SB 1643 Summary

• Adds Chapter 7 to Title 8 of Arizona Revised Statutes establishing Indian child welfare protections in custody proceedings, with comprehensive definitions for terms like "Indian child," "Indian tribe," "active efforts," and various placement types.

• Grants Indian tribes exclusive jurisdiction over child custody proceedings involving Indian children who reside or are domiciled on tribal reservations, and requires state courts to transfer proceedings to tribal jurisdiction absent good cause, with strict limitations on what factors can justify denying transfer.

• Requires state courts to provide notice to parents, Indian custodians, and tribes of pending child custody proceedings involving Indian children at least 10 days before hearings, mandates court-appointed counsel for indigent parties, and establishes heightened evidentiary standards (clear and convincing evidence for foster care placement; beyond a reasonable doubt for termination of parental rights or guardianship).

• Establishes placement preferences prioritizing extended family members, tribal foster homes, and Indian families for adoptive, foster care, and guardianship placements, with burden on parties seeking to deviate from preferences to prove good cause by clear and convincing evidence.

• Allows parents and Indian custodians to withdraw consent to foster care or guardianship at any time and permits withdrawal of adoption consent before final decree or afterward on grounds of fraud or duress within two years.