Washington 2017-2018 Regular Session Status: Passed House Bipartisan · 2 D · 1 R cosponsors

HB 2045 — Concerning transfer of jurisdiction from a tribe in dependency cases involving Indian children.

Last action — Referred to Community Development, Housing & Tribal Affairs.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The key change in HB 2045 is the removal of a requirement for the state court to hold a hearing before accepting jurisdiction of a case if a tribal court orders a transfer of jurisdiction from the tribe. This means that the state can now act more quickly and directly on such cases without an additional hearing, which could lead to faster resolutions for children involved. This amendment aims to streamline the process and ensure that the welfare of Indian children is prioritized, especially in urgent situations.

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H-1997.1SUBSTITUTE HOUSE BILL 2045State of Washington65th Legislature2017 Regular SessionBy House Community Development, Housing & Tribal Affairs (originally sponsored by Representatives Sawyer, Ryu, Robinson, Stokesbary, and Ormsby)READ FIRST TIME 02/17/17.AN ACT Relating to transfer of jurisdiction from a tribe in dependency cases involving Indian children;
H-1546.1HOUSE BILL 2045State of Washington65th Legislature2017 Regular SessionBy Representatives Sawyer, Ryu, Robinson, Stokesbary, and OrmsbyRead first time 02/09/17.
Referred to Committee on Community Development, Housing & Tribal Affairs.AN ACT Relating to transfer of jurisdiction from a tribe in dependency cases involving Indian children;
The state court shall not enter a final order in any child custody proceeding, except an order dismissing the proceeding and returning the Indian child to the care of the parent or Indian custodian from whose care the child was removed, while awaiting receipt of a tribal court order accepting jurisdiction, or in the absence of a tribal court order or other formal written declination of jurisdiction.(c) If the Indian child's tribe declines jurisdiction, the state court shall enter an order vacating the order transferring jurisdiction and proceed with adjudication of the child custody matter in strict compliance with the federal Indian child welfare act, this chapter, and any applicable tribal-state agreement.(5) If a tribal court orders transfer of jurisdiction from the tribe, the state court will hold a hearing to determine if accepting jurisdiction is consistent with P.L.
The state court shall not enter a final order in any child custody proceeding, except an order dismissing the proceeding and returning the Indian child to the care of the parent or Indian custodian from whose care the child was removed, while awaiting receipt of a tribal court order accepting jurisdiction, or in the absence of a tribal court order or other formal written declination of jurisdiction.(c) If the Indian child's tribe declines jurisdiction, the state court shall enter an order vacating the order transferring jurisdiction and proceed with adjudication of the child custody matter in strict compliance with the federal Indian child welfare act, this chapter, and any applicable tribal-state agreement.(5) Consistent with P.L.
95-608, RCW 13.34.240 and 13.38.100, and any other applicable state or federal laws or court rules.
95-608 and RCW 13.34.240 and 13.38.100, there may be occasions when a tribe has exercised jurisdiction of an Indian child but is unable to continue with its jurisdiction due to unforeseen circumstances.
The tribal court will transfer a copy of the entire court file to the state court for its consideration.
If a tribal court orders transfer of jurisdiction from the tribe, the state shall recognize the child under RCW 13.34.030(6)(c) and take jurisdiction of the case.
If jurisdiction is accepted the state court will determine whether the child will be treated as dependent under RCW 13.34.030(6).--- END ---
Pending receipt of such tribal court order, the state court may conduct additional hearings and enter orders, which strictly comply with the requirements of the federal Indian child welfare act and this chapter.--- END ---
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Action History

  1. Referred to Community Development, Housing & Tribal Affairs.

  2. Rules Committee relieved of further consideration.

  3. By resolution, reintroduced and retained in present status.

  4. Referred to Community Development, Housing & Tribal Affairs.

  5. Rules Committee relieved of further consideration.

  6. By resolution, reintroduced and retained in present status.

  7. By resolution, reintroduced and retained in present status.

  8. By resolution, reintroduced and retained in present status.

  9. By resolution, reintroduced and retained in present status.

  10. By resolution, reintroduced and retained in present status.

  11. By resolution, reintroduced and retained in present status.

  12. By resolution, reintroduced and retained in present status.

  13. Referred to Rules 2 Review.

  14. Referred to Rules 2 Review.

  15. CDHT - Majority; 1st substitute bill be substituted, do pass.

  16. CDHT - Majority; 1st substitute bill be substituted, do pass.

  17. First reading, referred to Community Development, Housing & Tribal Affairs (Not Officially read and referred until adoption of Introduction report).

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 146 not signed on

Sponsors (1)

  • Sawyer

Co-sponsors (4)

Not signed on (146)

146 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors HB 2045?
HB 2045 is sponsored by Timm Ormsby (Democrat), Cindy Ryu (Democrat), Robinson, Sawyer, and Drew Stokesbary (Republican).
What is the current status of HB 2045?
This bill died with 2017-2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2045?
Track HB 2045 free on One Click Politics — get push/email alerts when it moves.

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