Bill

HB 825

84(R) - 2015
House Juvenile Justice & Family Issues
House Juvenile Justice & Family Issues

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive

Author(s)

Helen Giddings

Bill Caption

Relating to procedures for identifying any Native American heritage of children in certain hearings in suits affecting the parent-child relationship.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 825 amends the way court deals with children by requiring the court to ask whether the child is of Native American heritage.

Vote Recommendation Notes

According to 25 U.S.C. ยงยง 1911, Indian tribes have exclusive jurisdiction over Indian child custody proceedings.  HB 825 is supporting compliance to this specific US code. Prior to HB 825, children of Native American heritage have often gone through state or federal court proceedings rather than properly going through Indian tribe jurisdiction.  This bill preserves limited government, because we will not be involved in cases that we have no jurisdiction over.  This bill promotes individual liberty of the Indian people by enforcing our courts to recognize the essential tribal relations of Indian people and to encourage non-tribal public and private agencies to stop removing Indian children from their respective tribes.  We support HB 825 for preserving individual liberty and exercising limited government.