Indian Child Welfare Act dies

02/11/2025 , Arizona , Legislation , Abuse/Neglect/Dependency - Accused Parents , Abuse/Neglect/Dependency - Children , Termination of Parental Rights (State) - Birth Parents , Termination of Parental Rights (State) - Children

In 2025, the Arizona Senate introduced SB 1664, which would have added a new chapter to the state’s child welfare code called “Indian Child Welfare.”  The law would have created a right to counsel for indigent parents and Indian custodians as well as provided for discretionary appointment of an attorney for Indian children, requiring counsel upon a finding that appointment is in the child’s best interest.

The bill died in the Senate Judiciary and Rules Committees.

Although indigent parents and children already have a right to counsel in abuse and termination of parental rights (states) matters, the bill would have provided other protections as well, such as requiring that preference be given to adoptive placement of a the child with “a member of the Indian child’s extended family, other members of the Indian child’s tribe, or other Indian families.” The bill also specified requirements for temporary placements, similarly specifying that preference must be given to the child’s extended family, a foster home “approved or specified by the Indian child’s tribe”, and “[a]n institution for children approved by an Indian tribute or operated by an Indian organization…”

Bill Status: Dead

Last action (on 02/11/2025): Senate read second time