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AZ SB1714
Bill
Status
2/6/2024
Primary Sponsor
Sally Gonzales
Click for details
AI Summary
SB 1714 Summary
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Establishes Arizona statutory framework for Indian child welfare and custody proceedings aligned with federal Indian Child Welfare Act principles.
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Grants Indian tribes exclusive jurisdiction over child custody proceedings involving Indian children who reside or are domiciled on tribal reservations; requires state courts to transfer cases to tribal jurisdiction absent good cause.
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Mandates "active efforts" to maintain or reunite Indian families before foster care placement, guardianship, or termination of parental rights, with clear and convincing evidence required for placement and evidence beyond reasonable doubt for termination.
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Establishes placement preferences prioritizing extended family members, tribe-approved homes, and Indian families; requires clear and convincing evidence to deviate from preferences and prohibits departures based solely on socioeconomic status or bonding from non-preferred placements.
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Allows parents to withdraw consent to foster care or guardianship at any time and to challenge adoptions within two years on grounds of fraud or duress; permits Indian adults adopted as children to request tribal affiliation information from the court.
Legislative Description
Indian child welfare; custody proceedings
Jurisdiction
Last Action
Senate read second time
2/7/2024