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Rule 111. Indian Child Welfare Act (“ICWA”)

Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022

Arizona Revised Statutes Annotated
Rules of Procedure for the Juvenile Court (Refs & Annos)
Part I. General Provisions
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 111
Formerly cited as AZ ST JUV CT Rule 8
Rule 111. Indian Child Welfare Act (“ICWA”)
Currentness
(a) Application. The court must apply ICWA when required by law.
(b) Inquiry. At the beginning of any proceeding involving adoption, dependency, termination, or Title 8 guardianship, the court must inquire if any party has reason to know that the child named in the petition is subject to ICWA. This inquiry is not necessary if the court has already determined that ICWA applies.
(c) Excluded Proceedings.
(1) Delinquency and Incorrigibility. ICWA does not apply to delinquency proceedings. ICWA does not apply to an incorrigibility proceeding unless it results in an out-of-home placement.
(2) Criminal Transfers. ICWA does not apply to criminal transfer proceedings involving an Indian child.
(d) Findings. If the court determines or has reason to know the child is an Indian child as defined by ICWA and Rule 302, the court must make the findings required under ICWA. The court must then treat the child as an Indian child unless and until the court enters a determination on the record that the child does not meet the definition of an Indian child under ICWA.
(e) Jurisdiction. If the court determines or has reason to know the child is an Indian child and the proceeding is for out-of-home placement or termination of parental rights, the court must determine whether to order a transfer of the proceeding to a tribal court as provided by Rule 322.

Credits

Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 111, AZ ST JUV CT Rule 111
State Court Rules are current with amendments received through November 15, 2023. The Code of Judicial Administration is current with amendments received through November 1, 2023.
End of Document