Child removal/opioid use

AN ACT Relating to addressing threats of harm to children by 1
modifying the child removal standard related to another person's use 2
or possession of a high-potency synthetic opioid; amending RCW 3
13.34.065 and 13.34.130; and creating a new section.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. (1) The legislature finds that since 2018 6
there has been a significant increase in the number of child 7
fatalities and near fatalities involving fentanyl within 12 months of 8
the family's involvement in the child welfare system in Washington. 9
According to the office of the family and children's ombuds, the 10
majority of these fatalities and near fatalities involving fentanyl 11
included accidental ingestion by children 11 years of age or younger 12
or accidental overdoses of youth aged 11 to 20 years while using 13
substances.14
(2) The legislature finds that fentanyl is a high-potency 15
synthetic opioid. When illegally made or unprescribed, high-potency 16
synthetic opioids, such as fentanyl, are highly addictive and very 17
dangerous. 18
(3) The legislature finds that a substance use disorder is a 19
medical condition. Many individuals have multiple substance use 20
disorders, as well as histories of trauma, developmental 21
H-0794.1
HOUSE BILL 1753
State of Washington 69th Legislature 2025 Regular Session
By Representatives Rule, Richards, Parshley, Eslick, Nance, and
Pollet
Read first time 01/31/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1753
disabilities, or mental health conditions. Individuals experiencing 1
opioid use disorder need access to effective treatment, including 2
medications and psychosocial counseling. Individuals with substance 3
use disorders deserve compassion and not blame for their illness.4
(4) The legislature finds that high-potency synthetic opioids, 5
even small quantities, in the form of pills, powder, or residue may 6
be fatal to vulnerable children. A parent's or guardian's use or 7
possession of high-potency synthetic opioids in the vicinity of 8
vulnerable children creates a risk that a child will be exposed to, 9
ingest, inhale, or have contact with a high-potency synthetic opioid.10
(5) The legislature intends to clarify the risk of imminent 11
physical harm and manifest danger that a parent's or guardian's use 12
or possession of high-potency synthetic opioids presents when courts 13
decide whether a child should be removed from the home or placed out-14
of-home in child welfare proceedings. 15
Sec. 2. RCW 13.34.065 and 2024 c 328 s 103 are each amended to 16
read as follows: 17
(1)(a) When a child is removed or when the petitioner is seeking 18
the removal of a child from the child's parent, guardian, or legal 19
custodian, the court shall hold a shelter care hearing within 72 20
hours, excluding Saturdays, Sundays, and holidays. The primary 21
purpose of the shelter care hearing is to determine whether the child 22
can be immediately and safely returned home while the adjudication of 23
the dependency is pending. The court shall hold an additional shelter 24
care hearing within 72 hours, excluding Saturdays, Sundays, and 25
holidays if the child is removed from the care of a parent, guardian, 26
or legal custodian at any time after an initial shelter care hearing 27
under this section. 28
(b) Any child's attorney, parent, guardian, or legal custodian 29
who for good cause is unable to attend or adequately prepare for the 30
shelter care hearing may request that the initial shelter care 31
hearing be continued or that a subsequent shelter care hearing be 32
scheduled. The request shall be made to the clerk of the court where 33
the petition is filed prior to the initial shelter care hearing. Upon 34
the request of the child's attorney, parent, guardian, or legal 35
custodian, the court shall schedule the hearing within 72 hours of 36
the request, excluding Saturdays, Sundays, and holidays. The clerk 37
shall notify all other parties of the hearing by any reasonable 38
means. If the parent, guardian, or legal custodian is not represented 39
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by counsel, the clerk shall provide information to the parent, 1
guardian, or legal custodian regarding how to obtain counsel.2
(2)(a) If it is likely that the child will remain in shelter care 3
longer than 72 hours, the department shall submit a recommendation to 4
the court as to the further need for shelter care in all cases in 5
which the child will remain in shelter care longer than the 72 hour 6
period. In all other cases, the recommendation shall be submitted by 7
the juvenile court probation counselor. 8
(b) All parties have the right to present testimony to the court 9
regarding the need or lack of need for shelter care.10
(c) Hearsay evidence before the court regarding the need or lack 11
of need for shelter care must be supported by sworn testimony, 12
affidavit, or declaration of the person offering such evidence.13
(3)(a) At the commencement of the hearing, the court shall notify 14
the parent, guardian, or custodian of the following:15
(i) The parent, guardian, or custodian has the right to a shelter 16
care hearing; 17
(ii) The nature of the shelter care hearing, the rights of the 18
parents, and the proceedings that will follow; and19
(iii) If the parent, guardian, or custodian is not represented by 20
counsel, the right to be represented. If the parent, guardian, or 21
custodian is indigent, the court shall appoint counsel as provided in 22
RCW 13.34.090; and 23
(b) If a parent, guardian, or legal custodian desires to waive 24
the shelter care hearing, the court shall determine, on the record 25
and with the parties present, whether such waiver is knowing and 26
voluntary. A parent may not waive his or her right to the shelter 27
care hearing unless he or she appears in court, in person, or by 28
remote means, and the court determines that the waiver is knowing and 29
voluntary. Regardless of whether the court accepts the parental 30
waiver of the shelter care hearing, the court must provide notice to 31
the parents of their rights required under (a) of this subsection and 32
make the finding required under subsection (4) of this section.33
(4) At the shelter care hearing the court shall examine the need 34
for shelter care and inquire into the status of the case. The 35
paramount consideration for the court shall be the health, welfare, 36
and safety of the child. At a minimum, the court shall inquire into 37
the following: 38
(a) Whether the notice required under RCW 13.34.062 was given to 39
all known parents, guardians, or legal custodians of the child. The 40
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court shall make an express finding as to whether the notice required 1
under RCW 13.34.062 was given to the parent, guardian, or legal 2
custodian. If actual notice was not given to the parent, guardian, or 3
legal custodian and the whereabouts of such person is known or can be 4
ascertained, the court shall order the department to make diligent 5
efforts to advise the parent, guardian, or legal custodian of the 6
status of the case, including the date and time of any subsequent 7
hearings, and their rights under RCW 13.34.090; 8
(b) Whether the child can be safely returned home while the 9
adjudication of the dependency is pending; 10
(c) What efforts have been made to place the child with a 11
relative. The court shall ask the parents whether the department 12
discussed with them the placement of the child with a relative or 13
other suitable person described in RCW 13.34.130(1)(b) and shall 14
determine what efforts have been made toward such a placement;15
(d) What services were provided to the family to prevent or 16
eliminate the need for removal of the child from the child's home. If 17
the dependency petition or other information before the court alleges 18
that experiencing homelessness or the lack of suitable housing was a 19
significant factor contributing to the removal of the child, the 20
court shall inquire as to whether housing assistance was provided to 21
the family to prevent or eliminate the need for removal of the child 22
or children; 23
(e) Is the placement proposed by the department the least 24
disruptive and most family-like setting that meets the needs of the 25
child; 26
(f) Whether it is in the best interest of the child to remain 27
enrolled in the school, developmental program, or child care the 28
child was in prior to placement and what efforts have been made to 29
maintain the child in the school, program, or child care if it would 30
be in the best interest of the child to remain in the same school, 31
program, or child care; 32
(g) Appointment of a guardian ad litem or attorney;33
(h) Whether the child is or may be an Indian child as defined in 34
RCW 13.38.040, whether the provisions of the federal Indian child 35
welfare act or chapter 13.38 RCW apply, and whether there is 36
compliance with the federal Indian child welfare act and chapter 37
13.38 RCW, including notice to the child's tribe; 38
(i) Whether, as provided in RCW 26.44.063, restraining orders, or 39
orders expelling an allegedly abusive household member from the home 40
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of a nonabusive parent, guardian, or legal custodian, will allow the 1
child to safely remain in the home; 2
(j) Whether any orders for examinations, evaluations, or 3
immediate services are needed. The court may not order a parent to 4
undergo examinations, evaluation, or services at the shelter care 5
hearing unless the parent agrees to the examination, evaluation, or 6
service; 7
(k) The terms and conditions for parental, sibling, and family 8
visitation. 9
(5)(a) The court shall release a child alleged to be dependent to 10
the care, custody, and control of the child's parent, guardian, or 11
legal custodian unless the court finds there is reasonable cause to 12
believe that: 13
(i) After consideration of the specific services that have been 14
provided, reasonable efforts have been made to prevent or eliminate 15
the need for removal of the child from the child's home and to make 16
it possible for the child to return home; and 17
(ii)(A) The child has no parent, guardian, or legal custodian to 18
provide supervision and care for such child; or 19
(B)(I) Removal of the child is necessary to prevent imminent 20
physical harm due to child abuse or neglect, including that which 21
results from sexual abuse, sexual exploitation, a high-potency 22
synthetic opioid, or a pattern of severe neglect, notwithstanding an 23
order entered pursuant to RCW 26.44.063. There is a rebuttable 24
presumption that removal of the child is necessary to prevent 25
imminent physical harm when a parent's use or possession of a high-26
potency synthetic opioid, or failure to protect a child from another 27
individual's use or possession of a high-potency synthetic opioid, 28
creates a risk that a child will be exposed to, ingest, inhale, or 29
have contact with a high-potency synthetic opioid. A parent's promise 30
to secure high-potency synthetic opioids or use them only when the 31
child is not in the vicinity is not sufficient to overcome this 32
presumption. The evidence must show a causal relationship between the 33
particular conditions in the home and imminent physical harm to the 34
child. The existence of community or family poverty, isolation, 35
single parenthood, age of the parent, crowded or inadequate housing, 36
substance abuse, prenatal drug or alcohol exposure, mental illness, 37
disability or special needs of the parent or child, or nonconforming 38
social behavior does not by itself constitute imminent physical 39
harm((. The court shall give great weight to the lethality of high-40
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potency synthetic opioids and public health guidance from the 1
department of health related to high-potency synthetic opioids when 2
determining whether removal of the child is necessary to prevent 3
imminent physical harm due to child abuse or neglect));4
(II) It is contrary to the welfare of the child to be returned 5
home; and 6
(III) After considering the particular circumstances of the 7
child, any imminent physical harm to the child outweighs the harm the 8
child will experience as a result of removal; or 9
(C) The parent, guardian, or custodian to whom the child could be 10
released has been charged with violating RCW 9A.40.060 or 9A.40.070.11
(b) If the court finds that the elements of (a)(ii)(B) of this 12
subsection require removal of the child, the court shall further 13
consider: 14
(i) Whether participation by the parents, guardians, or legal 15
custodians in any prevention services would prevent or eliminate the 16
need for removal and, if so, shall inquire of the parent whether they 17
are willing to participate in such services. When a parent's use or 18
possession of a high-potency synthetic opioid, or failure to protect 19
a child from another individual's use or possession of a high-potency 20
synthetic opioid, creates a risk that a child will be exposed to, 21
ingest, inhale, or have contact with a high-potency synthetic opioid, 22
prevention services that would prevent or eliminate the need for 23
removal are only those that are immediately available and provide for 24
24-hour supervision of the child. If the parent agrees to participate 25
in the prevention services identified by the court that would prevent 26
or eliminate the need for removal, the court shall place the child 27
with the parent. ((The court shall give great weight to the lethality 28
of high-potency synthetic opioids and public health guidance from the 29
department of health related to high-potency synthetic opioids when 30
deciding whether to place the child with the parent. )) The court 31
shall not order a parent to participate in prevention services over 32
the objection of the parent, however, parents shall have the 33
opportunity to consult with counsel prior to deciding whether to 34
agree to proposed prevention services as a condition of having the 35
child return to or remain in the care of the parent; and36
(ii) Whether the issuance of a temporary order of protection 37
directing the removal of a person or persons from the child's 38
residence would prevent the need for removal of the child.39
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(c)(i) If the court does not release the child to his or her 1
parent, guardian, or legal custodian, the court shall order placement 2
with a relative or other suitable person as described in RCW 3
13.34.130(1)(b), unless the petitioner establishes that there is 4
reasonable cause to believe that: 5
(A) Placement in licensed foster care is necessary to prevent 6
imminent physical harm to the child due to child abuse or neglect, 7
including that which results from sexual abuse, sexual exploitation, 8
a high-potency synthetic opioid, or a pattern of severe neglect, 9
because no relative or other suitable person is capable of ensuring 10
the basic safety of the child; or 11
(B) The efforts to reunite the parent and child will be hindered.12
(ii) In making the determination in (c)(i) of this subsection, 13
the court shall: 14
(A) Inquire of the petitioner and any other person present at the 15
hearing for the child whether there are any relatives or other 16
suitable persons who are willing to care for the child. This inquiry 17
must include whether any relative or other suitable person:18
(I) Has expressed an interest in becoming a caregiver for the 19
child; 20
(II) Is able to meet any special needs of the child;21
(III) Is willing to facilitate the child's sibling and parent 22
visitation if such visitation is ordered by the court; and23
(IV) Supports reunification of the parent and child once 24
reunification can safely occur; and 25
(B) Give great weight to the stated preference of the parent, 26
guardian, or legal custodian, and the child. 27
(iii) If a relative or other suitable person expressed an 28
interest in caring for the child, can meet the child's special needs, 29
can support parent-child reunification, and will facilitate court-30
ordered sibling or parent visitation, the following must not prevent 31
the child's placement with such relative or other suitable person:32
(A) An incomplete department or fingerprint-based background 33
check, if such relative or other suitable person appears otherwise 34
suitable and competent to provide care and treatment, but the 35
background checks must be completed as soon as possible after 36
placement; 37
(B) Uncertainty on the part of the relative or other suitable 38
person regarding potential adoption of the child; 39
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(C) Disbelief on the part of the relative or other suitable 1
person that the parent, guardian, or legal custodian presents a 2
danger to the child, provided the caregiver will protect the safety 3
of the child and comply with court orders regarding contact with a 4
parent, guardian, or legal custodian; or 5
(D) The conditions of the relative or other suitable person's 6
home are not sufficient to satisfy the requirements of a licensed 7
foster home. The court may order the department to provide financial 8
or other support to the relative or other suitable person necessary 9
to ensure safe conditions in the home. 10
(d) If the child was not initially placed with a relative or 11
other suitable person, and the court does not release the child to 12
his or her parent, guardian, or legal custodian, the department shall 13
make reasonable efforts to locate a relative or other suitable person 14
pursuant to RCW 13.34.060(1). 15
(e) If the court does not order placement with a relative or 16
other suitable person, the court shall place the child in licensed 17
foster care and shall set forth its reasons for the order. If the 18
court orders placement of the child with a person not related to the 19
child and not licensed to provide foster care, the placement is 20
subject to all terms and conditions of this section that apply to 21
relative placements. 22
(f) Any placement with a relative, or other suitable person 23
approved by the court pursuant to this section, shall be contingent 24
upon cooperation with the department's or agency's case plan and 25
compliance with court orders related to the care and supervision of 26
the child including, but not limited to, court orders regarding 27
parent-child contacts, sibling contacts, and any other conditions 28
imposed by the court. Noncompliance with the case plan or court order 29
is grounds for removal of the child from the home of the relative or 30
other suitable person, subject to review by the court.31
(g) If the child is placed in a qualified residential treatment 32
program as defined in this chapter, the court shall, within 60 days 33
of placement, hold a hearing to: 34
(i) Consider the assessment required under RCW 13.34.420 and 35
submitted as part of the department's social study, and any related 36
documentation; 37
(ii) Determine whether placement in foster care can meet the 38
child's needs or if placement in another available placement setting 39
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best meets the child's needs in the least restrictive environment; 1
and 2
(iii) Approve or disapprove the child's placement in the 3
qualified residential treatment program. 4
(h) Uncertainty by a parent, guardian, legal custodian, relative, 5
or other suitable person that the alleged abuser has in fact abused 6
the child shall not, alone, be the basis upon which a child is 7
removed from the care of a parent, guardian, or legal custodian under 8
(a) of this subsection, nor shall it be a basis, alone, to preclude 9
placement with a relative or other suitable person under (c) of this 10
subsection. 11
(i) If the court places with a relative or other suitable person, 12
and that person has indicated a desire to become a licensed foster 13
parent, the court shall order the department to commence an 14
assessment of the home of such relative or other suitable person 15
within 10 days and thereafter issue an initial license as provided 16
under RCW 74.15.120 for such relative or other suitable person, if 17
qualified, as a foster parent. The relative or other suitable person 18
shall receive a foster care maintenance payment, starting on the date 19
the department approves the initial license. If such home is found to 20
be unqualified for licensure, the department shall report such fact 21
to the court within one week of that determination. The department 22
shall report on the status of the licensure process during the entry 23
of any dispositional orders in the case. 24
(j) If the court places the child in licensed foster care:25
(i) The petitioner shall report to the court, at the shelter care 26
hearing, the location of the licensed foster placement the petitioner 27
has identified for the child and the court shall inquire as to 28
whether: 29
(A) The identified placement is the least restrictive placement 30
necessary to meet the needs of the child; 31
(B) The child will be able to remain in the same school and 32
whether any orders of the court are necessary to ensure educational 33
stability for the child; 34
(C) The child will be placed with a sibling or siblings, and 35
whether court-ordered sibling contact would promote the well-being of 36
the child; 37
(D) The licensed foster placement is able to meet the special 38
needs of the child; 39
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(E) The location of the proposed foster placement will impede 1
visitation with the child's parent or parents; 2
(ii) The court may order the department to: 3
(A) Place the child in a less restrictive placement;4
(B) Place the child in a location in closer proximity to the 5
child's parent, home, or school; 6
(C) Place the child with the child's sibling or siblings;7
(D) Take any other necessary steps to ensure the child's health, 8
safety, and well-being; 9
(iii) The court shall advise the petitioner that:10
(A) Failure to comply with court orders while a child is in 11
shelter care will be considered when determining whether reasonable 12
efforts have been made by the department during a hearing under RCW 13
13.34.110; and 14
(B) Placement moves while a child is in shelter care will be 15
considered when determining whether reasonable efforts have been made 16
by the department during a hearing under RCW 13.34.110.17
(6)(a) A shelter care order issued pursuant to this section shall 18
include the requirement for a case conference as provided in RCW 19
13.34.067. However, if the parent is not present at the shelter care 20
hearing, or does not agree to the case conference, the court shall 21
not include the requirement for the case conference in the shelter 22
care order. 23
(b) If the court orders a case conference, the shelter care order 24
shall include notice to all parties and establish the date, time, and 25
location of the case conference which shall be no later than 30 days 26
before the fact-finding hearing. 27
(c) The court may order another conference, case staffing, or 28
hearing as an alternative to the case conference required under RCW 29
13.34.067 so long as the conference, case staffing, or hearing 30
ordered by the court meets all requirements under RCW 13.34.067, 31
including the requirement of a written agreement specifying the 32
services to be provided to the parent. 33
(7)(a)(i) A shelter care order issued pursuant to this section 34
may be amended at any time with notice and hearing thereon. The 35
shelter care decision of placement shall be modified only upon a 36
showing of change in circumstances. No child may be placed in shelter 37
care for longer than thirty days without an order, signed by the 38
judge, authorizing continued shelter care. 39
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(ii) If the court previously ordered that visitation between a 1
parent and child be supervised or monitored, there shall be a 2
presumption that such supervision or monitoring will no longer be 3
necessary following a continued shelter care order under (a)(i) of 4
this subsection. To overcome this presumption, a party must provide a 5
report to the court including evidence establishing that removing 6
visit supervision or monitoring would create a risk to the child's 7
safety, and the court shall make a determination as to whether visit 8
supervision or monitoring must continue. 9
(b)(i) An order releasing the child on any conditions specified 10
in this section may at any time be amended, with notice and hearing 11
thereon, so as to return the child to shelter care for failure of the 12
parties to conform to the conditions originally imposed.13
(ii) The court shall consider whether nonconformance with any 14
conditions resulted from circumstances beyond the control of the 15
parent, guardian, or legal custodian and give weight to that fact 16
before ordering return of the child to shelter care.17
(8) The department and its employees shall not be held liable in 18
any civil action for complying with an order issued under this 19
section for placement: With a parent who has agreed to accept 20
services, a relative, or a suitable person. 21
(9)(a) If a child is placed out of the home of a parent, 22
guardian, or legal custodian following a shelter care hearing, the 23
court shall order the petitioner to provide regular visitation with 24
the parent, guardian, or legal custodian, and siblings. Early, 25
consistent, and frequent visitation is crucial for maintaining 26
parent-child relationships and allowing family reunification. The 27
court shall order a visitation plan individualized to the needs of 28
the family with a goal of providing the maximum parent, child, and 29
sibling contact possible. 30
(b) Visitation under this subsection shall not be limited as a 31
sanction for a parent's failure to comply with recommended services 32
during shelter care. 33
(c) Visitation under this subsection may only be limited where 34
necessary to ensure the health, safety, or welfare of the child.35
(d) The first visit must take place within 72 hours of the child 36
being delivered into the custody of the department, unless the court 37
finds that extraordinary circumstances require delay.38
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(e) If the first visit under (d) of this subsection occurs in an 1
in-person format, this first visit must be supervised unless the 2
department determines that visit supervision is not necessary.3
Sec. 3. RCW 13.34.130 and 2024 c 328 s 104 are each amended to 4
read as follows: 5
If, after a fact-finding hearing pursuant to RCW 13.34.110, it 6
has been proven by a preponderance of the evidence that the child is 7
dependent within the meaning of RCW 13.34.030 after consideration of 8
the social study prepared pursuant to RCW 13.34.110 and after a 9
disposition hearing has been held pursuant to RCW 13.34.110, the 10
court shall enter an order of disposition pursuant to this section.11
(1) The court shall order one of the following dispositions of 12
the case: 13
(a) Order a disposition that maintains the child in his or her 14
home, which shall provide a program designed to alleviate the 15
immediate danger to the child, to mitigate or cure any damage the 16
child has already suffered, and to aid the parents so that the child 17
will not be endangered in the future. In determining the disposition, 18
the court should choose services to assist the parents in maintaining 19
the child in the home, including housing assistance, if appropriate, 20
that least interfere with family autonomy and are adequate to protect 21
the child. 22
(b)(i) Order the child to be removed from his or her home and 23
into the custody, control, and care of a relative or other suitable 24
person, the department, or agency responsible for supervision of the 25
child's placement. If the court orders that the child be placed with 26
a caregiver over the objections of the parent or the department, the 27
court shall articulate, on the record, his or her reasons for 28
ordering the placement. The court may not order an Indian child, as 29
defined in RCW 13.38.040, to be removed from his or her home unless 30
the court finds, by clear and convincing evidence including testimony 31
of qualified expert witnesses, that the continued custody of the 32
child by the parent or Indian custodian is likely to result in 33
serious emotional or physical damage to the child.34
(ii) The department has the authority to place the child, subject 35
to review and approval by the court (A) with a relative as defined in 36
RCW 74.15.020(2)(a), (B) in the home of another suitable person if 37
the child or family has a preexisting relationship with that person, 38
and the person has completed all required criminal history background 39
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checks and otherwise appears to the department to be suitable and 1
competent to provide care for the child, or (C) in a foster family 2
home or group care facility licensed pursuant to chapter 74.15 RCW.3
(iii) The department may also consider placing the child, subject 4
to review and approval by the court, with a person with whom the 5
child's sibling or half-sibling is residing or a person who has 6
adopted the sibling or half -sibling of the child being placed as long 7
as the person has completed all required criminal history background 8
checks and otherwise appears to the department to be competent to 9
provide care for the child. 10
(2) Absent good cause, the department shall follow the wishes of 11
the natural parent regarding the placement of the child in accordance 12
with RCW 13.34.260. 13
(3) The department may only place a child with a person not 14
related to the child as defined in RCW 74.15.020(2)(a), including a 15
placement provided for in subsection (1)(b)(iii) of this section, 16
when the court finds that such placement is in the best interest of 17
the child. Unless there is reasonable cause to believe that the 18
health, safety, or welfare of the child would be jeopardized or that 19
efforts to reunite the parent and child will be hindered, the child 20
shall be placed with a person who is willing, appropriate, and 21
available to care for the child, and who is: (I) Related to the child 22
as defined in RCW 74.15.020(2)(a) with whom the child has a 23
relationship and is comfortable; or (II) a suitable person as 24
described in subsection (1)(b) of this section. The court shall 25
consider the child's existing relationships and attachments when 26
determining placement. 27
(4) If the child is placed in a qualified residential treatment 28
program as defined in this chapter, the court shall, within sixty 29
days of placement, hold a hearing to: 30
(a) Consider the assessment required under RCW 13.34.420 and 31
submitted as part of the department's social study, and any related 32
documentation; 33
(b) Determine whether placement in foster care can meet the 34
child's needs or if placement in another available placement setting 35
best meets the child's needs in the least restrictive environment; 36
and 37
(c) Approve or disapprove the child's placement in the qualified 38
residential treatment program. 39
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(5) When placing an Indian child in out-of-home care, the 1
department shall follow the placement preference characteristics in 2
RCW 13.38.180. 3
(6) Placement of the child with a relative or other suitable 4
person as described in subsection (1)(b) of this section shall be 5
given preference by the court. An order for out-of-home placement may 6
be made only if the court finds that reasonable efforts have been 7
made to prevent or eliminate the need for removal of the child from 8
the child's home and to make it possible for the child to return 9
home, specifying the services, including housing assistance, that 10
have been provided to the child and the child's parent, guardian, or 11
legal custodian, and that prevention services have been offered or 12
provided and have failed to prevent the need for out-of-home 13
placement, unless the health, safety, and welfare of the child cannot 14
be protected adequately in the home, and that: 15
(a) There is no parent or guardian available to care for such 16
child. There is a rebuttable presumption that a parent is unavailable 17
if the parent has deficiencies that jeopardize the child's right to 18
be nurtured, physical health, mental health, or basic safety, 19
including that which results from substance abuse or a parent's use 20
or possession of a high-potency synthetic opioid, or failure to 21
protect a child from another individual's use or possession of a 22
high-potency synthetic opioid. A parent's promise to secure high-23
potency synthetic opioids or use them only when the child is not in 24
the vicinity is not sufficient to overcome this presumption;25
(b) The parent, guardian, or legal custodian is not willing to 26
take custody of the child; or 27
(c) The court finds, by clear, cogent, and convincing evidence, a 28
manifest danger exists that the child will suffer serious abuse or 29
neglect if the child is not removed from the home and an order under 30
RCW 26.44.063 would not protect the child from danger. ((The court 31
shall give great weight to the lethality of high-potency synthetic 32
opioids and public health guidance from the department of health 33
related to high-potency synthetic opioids, including fentanyl, when 34
deciding whether a manifest danger exists. )) There is a rebuttable 35
presumption that removal of the child is necessary and a manifest 36
danger exists that the child will suffer serious abuse or neglect 37
when a parent's use or possession of a high-potency synthetic opioid, 38
or failure to protect a child from another individual's use or 39
possession of a high-potency synthetic opioid, creates a risk that a 40
p. 14 HB 1753
child will be exposed to, ingest, inhale, or have contact with a high 1
potency synthetic opioid. A parent's promise to secure high-potency 2
synthetic opioids or use them only when the child is not in the 3
vicinity is not sufficient to overcome this presumption.4
(7) If the court has ordered a child removed from his or her home 5
pursuant to subsection (1)(b) of this section, the court shall 6
consider whether it is in a child's best interest to be placed with, 7
have contact with, or have visits with siblings. 8
(a) There shall be a presumption that such placement, contact, or 9
visits are in the best interests of the child provided that:10
(i) The court has jurisdiction over all siblings subject to the 11
order of placement, contact, or visitation pursuant to petitions 12
filed under this chapter or the parents of a child for whom there is 13
no jurisdiction are willing to agree; and 14
(ii) There is no reasonable cause to believe that the health, 15
safety, or welfare of any child subject to the order of placement, 16
contact, or visitation would be jeopardized or that efforts to 17
reunite the parent and child would be hindered by such placement, 18
contact, or visitation. In no event shall parental visitation time be 19
reduced in order to provide sibling visitation. 20
(b) The court may also order placement, contact, or visitation of 21
a child with a stepbrother or stepsister provided that in addition to 22
the factors in (a) of this subsection, the child has a relationship 23
and is comfortable with the stepsibling. 24
(8) If the court has ordered a child removed from his or her home 25
pursuant to subsection (1)(b) of this section and placed into 26
nonparental or nonrelative care, the court shall order a placement 27
that allows the child to remain in the same school he or she attended 28
prior to the initiation of the dependency proceeding when such a 29
placement is practical and in the child's best interest.30
(9) If the court has ordered a child removed from his or her home 31
pursuant to subsection (1)(b) of this section, the court may order 32
that a petition seeking termination of the parent and child 33
relationship be filed if the requirements of RCW 13.34.132 are met.34
(10) If there is insufficient information at the time of the 35
disposition hearing upon which to base a determination regarding the 36
suitability of a proposed placement with a relative or other suitable 37
person, the child shall remain in foster care and the court shall 38
direct the department to conduct necessary background investigations 39
as provided in chapter 74.15 RCW and report the results of such 40
p. 15 HB 1753
investigation to the court within thirty days. However, if such 1
relative or other person appears otherwise suitable and competent to 2
provide care and treatment, the criminal history background check 3
need not be completed before placement, but as soon as possible after 4
placement. Any placements with relatives or other suitable persons, 5
pursuant to this section, shall be contingent upon cooperation by the 6
relative or other suitable person with the agency case plan and 7
compliance with court orders related to the care and supervision of 8
the child including, but not limited to, court orders regarding 9
parent-child contacts, sibling contacts, and any other conditions 10
imposed by the court. Noncompliance with the case plan or court order 11
shall be grounds for removal of the child from the relative's or 12
other suitable person's home, subject to review by the court.13
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