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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
DCS; memorandum of understanding; tribes
Purpose
Requires 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 the required contents of an MOU.
Background
The primary purpose of DCS is to protect children by : 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 or neglect; 3) working cooperatively with law enforcement regarding reports that include criminal conduct allegations; and 4) without compromising child safety, coordinating services to achieve and maintain permanency on behalf of the child, strengthening the family and provide prevention, intervention and treatment services (A.R.S. § 8-451).
The federal Indian Child Welfare Act allows states and tribes to craft agreements for the care and custody of Indian children, which may provide for the orderly transfer of jurisdiction on a case-by-case basis and for concurrent jurisdiction between states and tribes. DCS currently has an MOU in place 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DCS to make annual efforts to enter into an MOU with each Indian Tribe in Arizona that does not have a current MOU with DCS.
2. Requires the MOU to include provisions requiring DCS to share best practices, policies, training materials and operational standards relating to the administration of DCS, including:
a) intake;
b) investigations;
c) placement of children;
d) case management; and
e) service coordination.
3. Requires the MOU to direct DCS to identify a designated DCS tribal liaison who is assigned to the specific tribe and who will coordinate tribal communications, provide technical assistance and support collaboration with the tribe on child welfare matters.
4. Requires the MOU to require DCS to establish a process that allows the tribe to access regulatory actions, licensing actions, investigations and enforcement measures taken by DCS against any DCS-licensed group home in which a child who is a member of the tribe is placed, including access to:
a) corrective action plans;
b) licensing sanctions or suspensions;
c) substantiated health and safety violations; and
d) any other regulatory actions related to child welfare, safety or care standards.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 16, 2026
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