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AZ SB1714

Bill

Status

Introduced

2/6/2024

Primary Sponsor

Sally Gonzales

Click for details

Origin

Senate

Fifty-sixth Legislature - Second Regular Session (2024)

AI Summary

SB 1714 Summary

  • Establishes Arizona statutory framework for Indian child welfare and custody proceedings aligned with federal Indian Child Welfare Act principles.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules2/6/2024
Judiciary2/6/2024

Full Bill Text

No bill text available