ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: HHS DP 6-0-1-0 | Third Read 30-0-0-0

House: HHS DP 12-0-0-0

SB 1125: DCS; memorandum of understanding; tribes

Sponsor: Senator Werner, LD 4

Caucus & COW

Overview

Directs the Department of Child Safety (DCS) to make efforts on an annual basis to enter into a Memorandum of Understanding (MOU) with each Indian Tribe in Arizona that does not have an MOU and outlines requirements for the MOU.

History

The primary purpose of DCS is to protect children. To achieve this, DCS will do and focus equally on: 1) investigating reports of abuse and neglect; 2) assessing, promoting and supporting the safety of a child in a safe and stable family or other appropriate placement in response to allegations of abuse and neglect; 3) cooperating with law enforcement regarding reports that include allegations of criminal conduct; and 4) coordinating services to achieve and maintain permanency for the child, strengthen the family and provide prevention, intervention and treatment services without compromising the child's safety (A.R.S. § 8-451).

The Indian Child Welfare Act permits states and tribes to develop agreements regarding the care and custody of Indian children. These agreements can allow for the orderly transfer of jurisdiction on individual cases and may also provide for shared jurisdiction between states and tribes. Currently, DCS has an MOU with the Pascua Yaqui Tribe and memoranda of agreement with the Navajo Nation, Salt River Pima-Maricopa Indian Community, and White Mountain Apache Tribe (Arizona ICWA Guide 2024).

Provisions

1. Requires DCS to make efforts on an annual basis to enter into a MOU with each Indian Tribe located in Arizona that does not have a current MOU with DCS. (Sec. 1)

2. Specifies that the MOU must:

a. require DCS to share best practices, policies, training materials and operational standards relating to the administration of DCS, as outlined;

b. identify a designated DCS tribal liaison who is assigned to the specific tribe that is a party to the MOU; and

c. establish a process that allows the tribe that is a party to the MOU to access regulatory and licensing actions, investigations and enforcement measures taken by DCS against any licensed group home in which a child who is a member of the tribe is placed. (Sec. 1)

3. Specifies that the designated DCS tribal liaison will coordinate communication with the tribe, provide technical assistance and support collaboration with the tribe on child welfare matters. (Sec. 1)

4. Requires a tribe that is a part of an MOU to have access to all of the following:

a. corrective action plans;

b. licensing sanctions or suspensions;

c. substantiated health and safety violations;

d. any other regulatory actions related to child welfare, safety or care standards. (Sec. 1)

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h. Initials AG/LK SB 1125

i. 3/5/2026 Page 0 Caucus & COW

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