Washington 2017-2018 Regular Session Status: Passed Senate 2 D cosponsors

SB 5770 — Concerning transfer of jurisdiction from a tribe in dependency cases involving Indian children.

Last action — Senate Rules "X" file.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 amendment to SB 5770 clarifies the process for transferring jurisdiction from state courts to tribal courts in cases involving Indian children. Notably, it introduces a provision for what happens if a tribal court declines to accept jurisdiction, ensuring the state court reverts back to handling the case properly. This change matters because it aims to streamline the legal process and protect the rights of Indian children and their families, ensuring that their cases are resolved in a manner that respects tribal sovereignty while also adhering to federal and state laws.

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S-1560.1SUBSTITUTE SENATE BILL 5770State of Washington65th Legislature2017 Regular SessionBy Senate Human Services, Mental Health & Housing (originally sponsored by Senators McCoy, Darneille, Saldaña, and Hunt)READ FIRST TIME 02/17/17.AN ACT Relating to transfer of jurisdiction from a tribe in dependency cases involving Indian children;
S-1267.1SENATE BILL 5770State of Washington65th Legislature2017 Regular SessionBy Senators McCoy, Darneille, Saldaña, and HuntRead first time 02/09/17.
Referred to Committee on Human Services, Mental Health & Housing.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 shall 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, civil rule 82.5, and any other applicable state or federal laws.
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 shall 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 shall 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. Senate Rules "X" file.

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

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

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

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

  6. Placed on Rules White Sheet.

  7. By resolution, returned to Senate Rules Committee for third reading.

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

  9. Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.

  10. Rules suspended. Placed on Third Reading.

  11. Held on second reading.

  12. 1st substitute bill substituted.

  13. 1st substitute bill substituted.

  14. Placed on second reading by Rules Committee.

  15. Placed on second reading by Rules Committee.

  16. Passed to Rules Committee for second reading.

  17. Passed to Rules Committee for second reading.

  18. HSMH - Majority; 1st substitute bill be substituted, do pass.

  19. HSMH - Majority; 1st substitute bill be substituted, do pass.

  20. First reading, referred to Human Services, Mental Health & Housing.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 147 not signed on

Sponsors (1)

  • McCoy

Co-sponsors (3)

Not signed on (147)

147 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

Votes

3rd Reading & Final Passage (#22)

Passed 49 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 33000
Republican 8000
Democrat 8000
Total 49000
% of votes cast 100%0%0%0%
How each member voted (49)
Member Party Vote
Angel — Yea
Baumgartner — Yea
Becker — Yea
Ericksen — Yea
Frockt — Yea
Hawkins — Yea
Hobbs — Yea
Nelson — Yea
Palumbo — Yea
Pearson — Yea
Rivers — Yea
Rolfes — Yea
Rossi — Yea
Sheldon — Yea
Zeiger — Yea
Brown — Yea
Wilson — Yea
Bailey — Yea
Billig — Yea
Carlyle — Yea
Darneille — Yea
Fain — Yea
Honeyford — Yea
Keiser — Yea
Kuderer — Yea
McCoy — Yea
Miloscia — Yea
Mullet — Yea
O'Ban — Yea
Padden — Yea
Ranker — Yea
Takko — Yea
Van De Wege — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Jamie Pedersen Democrat Yea
Lisa Wellman Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
Victoria Hunt Democrat Yea
Curtis King Republican Yea
Jim Walsh Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Mark Schoesler Republican Yea
Phil Fortunato Republican Yea
Rob Chase Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

civil-rights elections
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Frequently asked questions

Who sponsors SB 5770?
SB 5770 is sponsored by Darneille, McCoy, Rebecca Saldaña (Democrat), and Victoria Hunt (Democrat).
What is the current status of SB 5770?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” 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 SB 5770?
Track SB 5770 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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