SB 1664 Summary

• Establishes Arizona law governing Indian child custody proceedings, including adoptions, foster care placements, guardianships, and terminations of parental rights involving Indian children.

• Grants exclusive jurisdiction over Indian child custody proceedings to tribal courts when the child resides or is domiciled on the tribe's reservation, with state courts required to transfer cases absent good cause and unless a parent objects.

• Requires state courts to provide tribes and parents notice of pending proceedings, appoint counsel for indigent parents, and obtain testimony from qualified expert witnesses before ordering foster care placement (clear and convincing evidence) or guardianship/termination of parental rights (beyond reasonable doubt).

• Mandates placement preferences for Indian children in adoptions and other placements, prioritizing extended family, tribal members, and Indian families, with courts required to document reasons for any deviations using clear and convincing evidence.

• Permits parents and Indian custodians to withdraw consent to placements and adoptions, allows vacating of adoptions obtained through fraud or duress within two years, and protects against improper removal of children from parental custody.