Child abuse & neglect

AN ACT Relating to maintaining the safety of children by 1
modifying the standard by which courts, law enforcement, and 2
hospitals may remove children based on child abuse or neglect and 3
authorizing courts to order certain conditions during child welfare 4
hearings to maintain the safety of children who are placed in the 5
care, custody, or control of a parent, guardian, or legal custodian; 6
and amending RCW 13.34.050, 13.34.065, 13.34.110, 26.44.050, and 7
26.44.056. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:9
Sec. 1. RCW 13.34.050 and 2024 c 328 s 102 are each amended to 10
read as follows: 11
(1) The court may enter an order directing a law enforcement 12
officer, probation counselor, or child protective services official 13
to take a child into custody if: (a) A petition is filed with the 14
juvenile court with sufficient corroborating evidence to establish 15
that the child is dependent; (b) an affidavit or declaration is filed 16
by the department in support of the petition setting forth specific 17
factual information evidencing insufficient time to serve a parent 18
with a dependency petition and hold a hearing prior to removal; and 19
(c) the allegations contained in the petition, if true, establish 20
that there are reasonable grounds to believe that removal is 21
H-3154.1
HOUSE BILL 2692
State of Washington 69th Legislature 2026 Regular Session
By Representatives Rule and Eslick
Read first time 01/28/26. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 2692
necessary to prevent ((imminent physical )) a substantial risk of 1
physical or emotional harm to the child due to child abuse or 2
neglect, including that which results from sexual abuse, sexual 3
exploitation, a pattern of severe neglect, or a high-potency 4
synthetic opioid. The court shall give great weight to the lethality 5
of high-potency synthetic opioids and public health guidance from the 6
department of health related to high-potency synthetic opioids in 7
determining whether removal is necessary to prevent ((imminent 8
physical)) a substantial risk of physical or emotional harm to the 9
child due to child abuse or neglect. 10
(2) Any petition that does not have the necessary affidavit or 11
declaration demonstrating a ((risk of imminent )) substantial risk of 12
physical or emotional harm requires that the parents are provided 13
notice and an opportunity to be heard before the order may be 14
entered. 15
(3) The petition and supporting documentation must be served on 16
the parent, and if the child is in custody at the time the child is 17
removed, on the entity with custody other than the parent. If the 18
court orders that a child be taken into custody under subsection (1) 19
of this section, the petition and supporting documentation must be 20
served on the parent at the time of the child's removal unless, after 21
diligent efforts, the parents cannot be located at the time of 22
removal. If the parent is not served at the time of removal, the 23
department shall make diligent efforts to personally serve the 24
parent. Failure to effect service does not invalidate the petition if 25
service was attempted and the parent could not be found.26
Sec. 2. RCW 13.34.065 and 2024 c 328 s 103 are each amended to 27
read as follows: 28
(1)(a) When a child is removed or when the petitioner is seeking 29
the removal of a child from the child's parent, guardian, or legal 30
custodian, the court shall hold a shelter care hearing within 72 31
hours, excluding Saturdays, Sundays, and holidays. The primary 32
purpose of the shelter care hearing is to determine whether the child 33
can be immediately and safely returned home while the adjudication of 34
the dependency is pending. The court shall hold an additional shelter 35
care hearing within 72 hours, excluding Saturdays, Sundays, and 36
holidays if the child is removed from the care of a parent, guardian, 37
or legal custodian at any time after an initial shelter care hearing 38
under this section. 39
p. 2 HB 2692
(b) Any child's attorney, parent, guardian, or legal custodian 1
who for good cause is unable to attend or adequately prepare for the 2
shelter care hearing may request that the initial shelter care 3
hearing be continued or that a subsequent shelter care hearing be 4
scheduled. The request shall be made to the clerk of the court where 5
the petition is filed prior to the initial shelter care hearing. Upon 6
the request of the child's attorney, parent, guardian, or legal 7
custodian, the court shall schedule the hearing within 72 hours of 8
the request, excluding Saturdays, Sundays, and holidays. The clerk 9
shall notify all other parties of the hearing by any reasonable 10
means. If the parent, guardian, or legal custodian is not represented 11
by counsel, the clerk shall provide information to the parent, 12
guardian, or legal custodian regarding how to obtain counsel.13
(2)(a) If it is likely that the child will remain in shelter care 14
longer than 72 hours, the department shall submit a recommendation to 15
the court as to the further need for shelter care in all cases in 16
which the child will remain in shelter care longer than the 72 hour 17
period. In all other cases, the recommendation shall be submitted by 18
the juvenile court probation counselor. 19
(b) All parties have the right to present testimony to the court 20
regarding the need or lack of need for shelter care.21
(c) Hearsay evidence before the court regarding the need or lack 22
of need for shelter care must be supported by sworn testimony, 23
affidavit, or declaration of the person offering such evidence.24
(3)(a) At the commencement of the hearing, the court shall notify 25
the parent, guardian, or custodian of the following:26
(i) The parent, guardian, or custodian has the right to a shelter 27
care hearing; 28
(ii) The nature of the shelter care hearing, the rights of the 29
parents, and the proceedings that will follow; and30
(iii) If the parent, guardian, or custodian is not represented by 31
counsel, the right to be represented. If the parent, guardian, or 32
custodian is indigent, the court shall appoint counsel as provided in 33
RCW 13.34.090; and 34
(b) If a parent, guardian, or legal custodian desires to waive 35
the shelter care hearing, the court shall determine, on the record 36
and with the parties present, whether such waiver is knowing and 37
voluntary. A parent may not waive his or her right to the shelter 38
care hearing unless he or she appears in court, in person, or by 39
remote means, and the court determines that the waiver is knowing and 40
p. 3 HB 2692
voluntary. Regardless of whether the court accepts the parental 1
waiver of the shelter care hearing, the court must provide notice to 2
the parents of their rights required under (a) of this subsection and 3
make the finding required under subsection (4) of this section.4
(4) At the shelter care hearing the court shall examine the need 5
for shelter care and inquire into the status of the case. The 6
paramount consideration for the court shall be the health, welfare, 7
and safety of the child. At a minimum, the court shall inquire into 8
the following: 9
(a) Whether the notice required under RCW 13.34.062 was given to 10
all known parents, guardians, or legal custodians of the child. The 11
court shall make an express finding as to whether the notice required 12
under RCW 13.34.062 was given to the parent, guardian, or legal 13
custodian. If actual notice was not given to the parent, guardian, or 14
legal custodian and the whereabouts of such person is known or can be 15
ascertained, the court shall order the department to make diligent 16
efforts to advise the parent, guardian, or legal custodian of the 17
status of the case, including the date and time of any subsequent 18
hearings, and their rights under RCW 13.34.090; 19
(b) Whether the child can be safely returned home while the 20
adjudication of the dependency is pending; 21
(c) What efforts have been made to place the child with a 22
relative. The court shall ask the parents whether the department 23
discussed with them the placement of the child with a relative or 24
other suitable person described in RCW 13.34.130(1)(b) and shall 25
determine what efforts have been made toward such a placement;26
(d) What services were provided to the family to prevent or 27
eliminate the need for removal of the child from the child's home. If 28
the dependency petition or other information before the court alleges 29
that experiencing homelessness or the lack of suitable housing was a 30
significant factor contributing to the removal of the child, the 31
court shall inquire as to whether housing assistance was provided to 32
the family to prevent or eliminate the need for removal of the child 33
or children; 34
(e) Is the placement proposed by the department the least 35
disruptive and most family-like setting that meets the needs of the 36
child; 37
(f) Whether it is in the best interest of the child to remain 38
enrolled in the school, developmental program, or child care the 39
child was in prior to placement and what efforts have been made to 40
p. 4 HB 2692
maintain the child in the school, program, or child care if it would 1
be in the best interest of the child to remain in the same school, 2
program, or child care; 3
(g) Appointment of a guardian ad litem or attorney;4
(h) Whether the child is or may be an Indian child as defined in 5
RCW 13.38.040, whether the provisions of the federal Indian child 6
welfare act or chapter 13.38 RCW apply, and whether there is 7
compliance with the federal Indian child welfare act and chapter 8
13.38 RCW, including notice to the child's tribe; 9
(i) Whether, as provided in RCW 26.44.063, restraining orders, or 10
orders expelling an allegedly abusive household member from the home 11
of a nonabusive parent, guardian, or legal custodian, will allow the 12
child to safely remain in the home; 13
(j) Whether any orders for examinations, evaluations, or 14
immediate services are needed. ((The)) Except as provided in 15
subsection (5)(c) of this section, the court may not order a parent 16
to undergo examinations, evaluation, or services at the shelter care 17
hearing unless the parent agrees to the examination, evaluation, or 18
service; 19
(k) The terms and conditions for parental, sibling, and family 20
visitation. 21
(5)(a) The court shall release a child alleged to be dependent to 22
the care, custody, and control of the child's parent, guardian, or 23
legal custodian unless the court finds there is reasonable cause to 24
believe that: 25
(i) After consideration of the specific services that have been 26
provided, reasonable efforts have been made to prevent or eliminate 27
the need for removal of the child from the child's home and to make 28
it possible for the child to return home; and 29
(ii)(A) The child has no parent, guardian, or legal custodian to 30
provide supervision and care for such child; or 31
(B)(I) Removal of the child is necessary to prevent ((imminent 32
physical)) a substantial risk of physical or emotional harm due to 33
child abuse or neglect, including that which results from sexual 34
abuse, sexual exploitation, a high-potency synthetic opioid, or a 35
pattern of severe neglect, notwithstanding an order entered pursuant 36
to RCW 26.44.063. The evidence must show a causal relationship 37
between the particular conditions in the home and ((imminent 38
physical)) a substantial risk of physical or emotional harm to the 39
child. The existence of community or family poverty, isolation, 40
p. 5 HB 2692
single parenthood, age of the parent, crowded or inadequate housing, 1
substance abuse, prenatal drug or alcohol exposure, mental illness, 2
disability or special needs of the parent or child, or nonconforming 3
social behavior does not by itself constitute ((imminent physical)) a 4
substantial risk of physical or emotional harm. The court shall give 5
great weight to the lethality of high-potency synthetic opioids and 6
public health guidance from the department of health related to high-7
potency synthetic opioids when determining whether removal of the 8
child is necessary to prevent ((imminent physical )) a substantial 9
risk of physical or emotional harm due to child abuse or neglect;10
(II) It is contrary to the welfare of the child to be returned 11
home; and 12
(III) After considering the particular circumstances of the 13
child, ((any imminent physical )) a substantial risk of physical or 14
emotional harm to the child outweighs the harm the child will 15
experience as a result of removal; or 16
(C) The parent, guardian, or custodian to whom the child could be 17
released has been charged with violating RCW 9A.40.060 or 9A.40.070.18
(b) If the court finds that the elements of (a)(ii)(B) of this 19
subsection require removal of the child, the court shall further 20
consider: 21
(i) Whether participation by the parents, guardians, or legal 22
custodians in any prevention services would prevent or eliminate the 23
need for removal and, if so, shall inquire of the parent whether they 24
are willing to participate in such services. If the parent agrees to 25
participate in the prevention services identified by the court that 26
would prevent or eliminate the need for removal, the court shall 27
place the child with the parent. The court shall give great weight to 28
the lethality of high-potency synthetic opioids and public health 29
guidance from the department of health related to high-potency 30
synthetic opioids when deciding whether to place the child with the 31
parent. The court shall not order a parent to participate in 32
prevention services over the objection of the parent, however, 33
parents shall have the opportunity to consult with counsel prior to 34
deciding whether to agree to proposed prevention services as a 35
condition of having the child return to or remain in the care of the 36
parent; and 37
(ii) Whether the issuance of a temporary order of protection 38
directing the removal of a person or persons from the child's 39
residence would prevent the need for removal of the child.40
p. 6 HB 2692
(c) If the court releases the child to the care, custody, and 1
control of a parent, guardian, or legal custodian under (a) of this 2
subsection, the court may order the parent, guardian, or legal 3
custodian to comply with conditions necessary to maintain the safety 4
of the child in the home if the court finds that there is reasonable 5
cause to believe that these conditions are necessary to maintain the 6
safety of the child. If these conditions involve the participation of 7
the parent, guardian, or legal custodian in a service or evaluation, 8
the parent, guardian, or legal custodian shall sign a release of 9
information allowing the department to make a referral and receive 10
any related results and the department shall provide all necessary 11
referrals to that service or evaluation within seven days of signing 12
this release. Failure by the department to provide timely referrals 13
or access to service conditions may not be used as a basis for 14
removal, continued shelter care, or a finding of dependency. The 15
court may only order conditions under this subsection (5)(c) that the 16
department identifies as:17
(i) Culturally appropriate;18
(ii) Reasonably available to the parent, guardian, or legal 19
custodian; and20
(iii) Reasonably accessible to the parent, guardian, or legal 21
custodian.22
(d)(i) If the court does not release the child to his or her 23
parent, guardian, or legal custodian, the court shall order placement 24
with a relative or other suitable person as described in RCW 25
13.34.130(1)(b), unless the petitioner establishes that there is 26
reasonable cause to believe that: 27
(A) Placement in licensed foster care is necessary to prevent 28
((imminent physical )) a substantial risk of physical or emotional 29
harm to the child due to child abuse or neglect, including that which 30
results from sexual abuse, sexual exploitation, a high-potency 31
synthetic opioid, or a pattern of severe neglect, because no relative 32
or other suitable person is capable of ensuring the basic safety of 33
the child; or 34
(B) The efforts to reunite the parent and child will be hindered.35
(ii) In making the determination in (((c))) (d)(i) of this 36
subsection, the court shall: 37
(A) Inquire of the petitioner and any other person present at the 38
hearing for the child whether there are any relatives or other 39
p. 7 HB 2692
suitable persons who are willing to care for the child. This inquiry 1
must include whether any relative or other suitable person:2
(I) Has expressed an interest in becoming a caregiver for the 3
child; 4
(II) Is able to meet any special needs of the child;5
(III) Is willing to facilitate the child's sibling and parent 6
visitation if such visitation is ordered by the court; and7
(IV) Supports reunification of the parent and child once 8
reunification can safely occur; and 9
(B) Give great weight to the stated preference of the parent, 10
guardian, or legal custodian, and the child. 11
(iii) If a relative or other suitable person expressed an 12
interest in caring for the child, can meet the child's special needs, 13
can support parent-child reunification, and will facilitate court-14
ordered sibling or parent visitation, the following must not prevent 15
the child's placement with such relative or other suitable person:16
(A) An incomplete department or fingerprint-based background 17
check, if such relative or other suitable person appears otherwise 18
suitable and competent to provide care and treatment, but the 19
background checks must be completed as soon as possible after 20
placement; 21
(B) Uncertainty on the part of the relative or other suitable 22
person regarding potential adoption of the child; 23
(C) Disbelief on the part of the relative or other suitable 24
person that the parent, guardian, or legal custodian presents a 25
danger to the child, provided the caregiver will protect the safety 26
of the child and comply with court orders regarding contact with a 27
parent, guardian, or legal custodian; or 28
(D) The conditions of the relative or other suitable person's 29
home are not sufficient to satisfy the requirements of a licensed 30
foster home. The court may order the department to provide financial 31
or other support to the relative or other suitable person necessary 32
to ensure safe conditions in the home. 33
(((d))) (e) If the child was not initially placed with a relative 34
or other suitable person, and the court does not release the child to 35
his or her parent, guardian, or legal custodian, the department shall 36
make reasonable efforts to locate a relative or other suitable person 37
pursuant to RCW 13.34.060(1). 38
(((e))) (f) If the court does not order placement with a relative 39
or other suitable person, the court shall place the child in licensed 40
p. 8 HB 2692
foster care and shall set forth its reasons for the order. If the 1
court orders placement of the child with a person not related to the 2
child and not licensed to provide foster care, the placement is 3
subject to all terms and conditions of this section that apply to 4
relative placements. 5
(((f))) (g) Any placement with a relative, or other suitable 6
person approved by the court pursuant to this section, shall be 7
contingent upon cooperation with the department's or agency's case 8
plan and compliance with court orders related to the care and 9
supervision of the child including, but not limited to, court orders 10
regarding parent-child contacts, sibling contacts, and any other 11
conditions imposed by the court. Noncompliance with the case plan or 12
court order is grounds for removal of the child from the home of the 13
relative or other suitable person, subject to review by the court.14
(((g))) (h) If the child is placed in a qualified residential 15
treatment program as defined in this chapter, the court shall, within 16
60 days of placement, hold a hearing to: 17
(i) Consider the assessment required under RCW 13.34.420 and 18
submitted as part of the department's social study, and any related 19
documentation; 20
(ii) Determine whether placement in foster care can meet the 21
child's needs or if placement in another available placement setting 22
best meets the child's needs in the least restrictive environment; 23
and 24
(iii) Approve or disapprove the child's placement in the 25
qualified residential treatment program. 26
(((h))) (i) Uncertainty by a parent, guardian, legal custodian, 27
relative, or other suitable person that the alleged abuser has in 28
fact abused the child shall not, alone, be the basis upon which a 29
child is removed from the care of a parent, guardian, or legal 30
custodian under (a) of this subsection, nor shall it be a basis, 31
alone, to preclude placement with a relative or other suitable person 32
under (((c))) (d) of this subsection. 33
(((i))) (j) If the court places with a relative or other suitable 34
person, and that person has indicated a desire to become a licensed 35
foster parent, the court shall order the department to commence an 36
assessment of the home of such relative or other suitable person 37
within 10 days and thereafter issue an initial license as provided 38
under RCW 74.15.120 for such relative or other suitable person, if 39
qualified, as a foster parent. The relative or other suitable person 40
p. 9 HB 2692
shall receive a foster care maintenance payment, starting on the date 1
the department approves the initial license. If such home is found to 2
be unqualified for licensure, the department shall report such fact 3
to the court within one week of that determination. The department 4
shall report on the status of the licensure process during the entry 5
of any dispositional orders in the case. 6
(((j))) (k) If the court places the child in licensed foster 7
care: 8
(i) The petitioner shall report to the court, at the shelter care 9
hearing, the location of the licensed foster placement the petitioner 10
has identified for the child and the court shall inquire as to 11
whether: 12
(A) The identified placement is the least restrictive placement 13
necessary to meet the needs of the child; 14
(B) The child will be able to remain in the same school and 15
whether any orders of the court are necessary to ensure educational 16
stability for the child; 17
(C) The child will be placed with a sibling or siblings, and 18
whether court-ordered sibling contact would promote the well-being of 19
the child; 20
(D) The licensed foster placement is able to meet the special 21
needs of the child; 22
(E) The location of the proposed foster placement will impede 23
visitation with the child's parent or parents; 24
(ii) The court may order the department to: 25
(A) Place the child in a less restrictive placement;26
(B) Place the child in a location in closer proximity to the 27
child's parent, home, or school; 28
(C) Place the child with the child's sibling or siblings;29
(D) Take any other necessary steps to ensure the child's health, 30
safety, and well-being; 31
(iii) The court shall advise the petitioner that:32
(A) Failure to comply with court orders while a child is in 33
shelter care will be considered when determining whether reasonable 34
efforts have been made by the department during a hearing under RCW 35
13.34.110; and 36
(B) Placement moves while a child is in shelter care will be 37
considered when determining whether reasonable efforts have been made 38
by the department during a hearing under RCW 13.34.110.39
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(6)(a) A shelter care order issued pursuant to this section shall 1
include the requirement for a case conference as provided in RCW 2
13.34.067. However, if the parent is not present at the shelter care 3
hearing, or does not agree to the case conference, the court shall 4
not include the requirement for the case conference in the shelter 5
care order. 6
(b) If the court orders a case conference, the shelter care order 7
shall include notice to all parties and establish the date, time, and 8
location of the case conference which shall be no later than 30 days 9
before the fact-finding hearing. 10
(c) The court may order another conference, case staffing, or 11
hearing as an alternative to the case conference required under RCW 12
13.34.067 so long as the conference, case staffing, or hearing 13
ordered by the court meets all requirements under RCW 13.34.067, 14
including the requirement of a written agreement specifying the 15
services to be provided to the parent. 16
(7)(a)(i) A shelter care order issued pursuant to this section 17
may be amended at any time with notice and hearing thereon. The 18
shelter care decision of placement shall be modified only upon a 19
showing of change in circumstances. No child may be placed in shelter 20
care for longer than thirty days without an order, signed by the 21
judge, authorizing continued shelter care. 22
(ii) If the court previously ordered that visitation between a 23
parent and child be supervised or monitored, there shall be a 24
presumption that such supervision or monitoring will no longer be 25
necessary following a continued shelter care order under (a)(i) of 26
this subsection. To overcome this presumption, a party must provide a 27
report to the court including evidence establishing that removing 28
visit supervision or monitoring would create a risk to the child's 29
safety, and the court shall make a determination as to whether visit 30
supervision or monitoring must continue. 31
(b)(i) An order releasing the child on any conditions specified 32
in this section may at any time be amended, with notice and hearing 33
thereon, so as to return the child to shelter care for failure of the 34
parties to conform to the conditions originally imposed.35
(ii) The court shall consider whether nonconformance with any 36
conditions resulted from circumstances beyond the control of the 37
parent, guardian, or legal custodian and give weight to that fact 38
before ordering return of the child to shelter care.39
p. 11 HB 2692
(8) The department and its employees shall not be held liable in 1
any civil action for complying with an order issued under this 2
section for placement: With a parent who has agreed to accept 3
services, a relative, or a suitable person. 4
(9)(a) If a child is placed out of the home of a parent, 5
guardian, or legal custodian following a shelter care hearing, the 6
court shall order the petitioner to provide regular visitation with 7
the parent, guardian, or legal custodian, and siblings. Early, 8
consistent, and frequent visitation is crucial for maintaining 9
parent-child relationships and allowing family reunification. The 10
court shall order a visitation plan individualized to the needs of 11
the family with a goal of providing the maximum parent, child, and 12
sibling contact possible. 13
(b) Visitation under this subsection shall not be limited as a 14
sanction for a parent's failure to comply with recommended services 15
during shelter care. 16
(c) Visitation under this subsection may only be limited where 17
necessary to ensure the health, safety, or welfare of the child.18
(d) The first visit must take place within 72 hours of the child 19
being delivered into the custody of the department, unless the court 20
finds that extraordinary circumstances require delay.21
(e) If the first visit under (d) of this subsection occurs in an 22
in-person format, this first visit must be supervised unless the 23
department determines that visit supervision is not necessary.24
Sec. 3. RCW 13.34.110 and 2020 c 312 s 116 are each amended to 25
read as follows: 26
(1) The court shall hold a fact-finding hearing on the petition 27
and, unless the court dismisses the petition, shall make written 28
findings of fact, stating the reasons therefor. The rules of evidence 29
shall apply at the fact-finding hearing and the parent, guardian, or 30
legal custodian of the child shall have all of the rights provided in 31
RCW 13.34.090(1). The petitioner shall have the burden of 32
establishing by a preponderance of the evidence that the child is 33
dependent within the meaning of RCW 13.34.030. 34
(2)(a) The court in a fact-finding hearing may consider the 35
history of past involvement of child protective services or law 36
enforcement agencies with the family for the purpose of establishing 37
a pattern of conduct, behavior, or inaction with regard to the 38
health, safety, or welfare of the child on the part of the child's 39
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parent, guardian, or legal custodian, or for the purpose of 1
establishing that reasonable efforts have been made by the department 2
to prevent or eliminate the need for removal of the child from the 3
child's home. No report of child abuse or neglect that has been 4
destroyed or expunged under RCW 26.44.031 may be used for such 5
purposes. 6
(b) The fact that the parent participated in prevention services, 7
safety planning, or conditions necessary to maintain the safety of 8
the child under RCW 13.34.065(5)(c) may not be construed as an 9
admission of abuse or neglect.10
(3)(a) The parent, guardian, or legal custodian of the child may 11
waive his or her right to a fact-finding hearing by stipulating or 12
agreeing to the entry of an order of dependency establishing that the 13
child is dependent within the meaning of RCW 13.34.030. The parent, 14
guardian, or legal custodian may also stipulate or agree to an order 15
of disposition pursuant to RCW 13.34.130 at the same time. Any 16
stipulated or agreed order of dependency or disposition must be 17
signed by the parent, guardian, or legal custodian and his or her 18
attorney, unless the parent, guardian, or legal custodian has waived 19
his or her right to an attorney in open court, and by the petitioner 20
and the attorney, guardian ad litem, or court-appointed special 21
advocate for the child, if any. If the department is not the 22
petitioner and is required by the order to supervise the placement of 23
the child or provide services to any party, the department must also 24
agree to and sign the order. 25
(b) Entry of any stipulated or agreed order of dependency or 26
disposition is subject to approval by the court. The court shall 27
receive and review a social study before entering a stipulated or 28
agreed order and shall consider whether the order is consistent with 29
the allegations of the dependency petition and the problems that 30
necessitated the child's placement in out-of-home care. No social 31
file or social study may be considered by the court in connection 32
with the fact-finding hearing or prior to factual determination, 33
except as otherwise admissible under the rules of evidence.34
(c) Prior to the entry of any stipulated or agreed order of 35
dependency, the parent, guardian, or legal custodian of the child and 36
his or her attorney must appear before the court and the court within 37
available resources must inquire and establish on the record that:38
(i) The parent, guardian, or legal custodian understands the 39
terms of the order or orders he or she has signed, including his or 40
p. 13 HB 2692
her responsibility to participate in remedial services as provided in 1
any disposition order; 2
(ii) The parent, guardian, or legal custodian understands that 3
entry of the order starts a process that could result in the filing 4
of a petition to terminate his or her relationship with the child 5
within the time frames required by state and federal law if he or she 6
fails to comply with the terms of the dependency or disposition 7
orders or fails to substantially remedy the problems that 8
necessitated the child's placement in out-of-home care;9
(iii) The parent, guardian, or legal custodian understands that 10
the entry of the stipulated or agreed order of dependency is an 11
admission that the child is dependent within the meaning of RCW 12
13.34.030 and shall have the same legal effect as a finding by the 13
court that the child is dependent by at least a preponderance of the 14
evidence, and that the parent, guardian, or legal custodian shall not 15
have the right in any subsequent proceeding for termination of 16
parental rights pursuant to this chapter or guardianship pursuant to 17
((chapters [chapter] )) chapter 13.36 or 11.130 RCW to challenge or 18
dispute the fact that the child was found to be dependent; and19
(iv) The parent, guardian, or legal custodian knowingly and 20
willingly stipulated and agreed to and signed the order or orders, 21
without duress, and without misrepresentation or fraud by any other 22
party. 23
If a parent, guardian, or legal custodian fails to appear before 24
the court after stipulating or agreeing to entry of an order of 25
dependency, the court may enter the order upon a finding that the 26
parent, guardian, or legal custodian had actual notice of the right 27
to appear before the court and chose not to do so. The court may 28
require other parties to the order, including the attorney for the 29
parent, guardian, or legal custodian, to appear and advise the court 30
of the parent's, guardian's, or legal custodian's notice of the right 31
to appear and understanding of the factors specified in this 32
subsection. A parent, guardian, or legal custodian may choose to 33
waive his or her presence at the in-court hearing for entry of the 34
stipulated or agreed order of dependency by submitting to the court 35
through counsel a completed stipulated or agreed dependency fact-36
finding/disposition statement in a form determined by the Washington 37
state supreme court pursuant to General Rule GR 9.38
(4) Immediately after the entry of the findings of fact, the 39
court shall hold a disposition hearing, unless there is good cause 40
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for continuing the matter for up to fourteen days. If good cause is 1
shown, the case may be continued for longer than fourteen days. 2
Notice of the time and place of the continued hearing may be given in 3
open court. If notice in open court is not given to a party, that 4
party shall be notified by certified mail of the time and place of 5
any continued hearing. Unless there is reasonable cause to believe 6
the health, safety, or welfare of the child would be jeopardized or 7
efforts to reunite the parent and child would be hindered, the court 8
shall direct the department to notify those adult persons who: (a) 9
Are related by blood or marriage to the child in the following 10
degrees: Parent, grandparent, brother, sister, stepparent, 11
stepbrother, stepsister, uncle, or aunt; (b) are known to the 12
department as having been in contact with the family or child within 13
the past twelve months; and (c) would be an appropriate placement for 14
the child. Reasonable cause to dispense with notification to a parent 15
under this section must be proved by clear, cogent, and convincing 16
evidence. 17
The parties need not appear at the fact-finding or dispositional 18
hearing if the parties, their attorneys, the guardian ad litem, and 19
court-appointed special advocates, if any, are all in agreement.20
Sec. 4. RCW 26.44.050 and 2024 c 328 s 105 are each amended to 21
read as follows: 22
(1) Except as provided in RCW 26.44.030(12), upon the receipt of 23
a report alleging that abuse or neglect has occurred, the law 24
enforcement agency or the department must investigate and provide the 25
protective services section with a report in accordance with chapter 26
74.13 RCW, and where necessary to refer such report to the court.27
(2) A law enforcement officer may take, or cause to be taken, a 28
child into custody without a court order if there is probable cause 29
to believe that taking the child into custody is necessary to prevent 30
((imminent physical )) a substantial risk of physical or emotional 31
harm to the child due to child abuse or neglect, including that which 32
results from sexual abuse, sexual exploitation, a high-potency 33
synthetic opioid, or a pattern of severe neglect, and the child would 34
be seriously injured or could not be taken into custody if it were 35
necessary to first obtain a court order pursuant to RCW 13.34.050. 36
The law enforcement agency or the department investigating such a 37
report is hereby authorized to photograph such a child for the 38
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purpose of providing documentary evidence of the physical condition 1
of the child. 2
Sec. 5. RCW 26.44.056 and 2024 c 328 s 106 are each amended to 3
read as follows: 4
(1) An administrator of a hospital or similar institution or any 5
physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may 6
detain a child without consent of a person legally responsible for 7
the child whether or not medical treatment is required, if there is 8
probable cause to believe that detaining the child is necessary to 9
prevent ((imminent physical )) a substantial risk of physical or 10
emotional harm to the child due to child abuse or neglect, including 11
that which results from sexual abuse, sexual exploitation, a high-12
potency synthetic opioid, or a pattern of severe neglect, and the 13
child would be seriously injured or could not be taken into custody 14
if it were necessary to first obtain a court order under RCW 15
13.34.050: PROVIDED, That such administrator or physician shall 16
notify or cause to be notified the appropriate law enforcement agency 17
or child protective services pursuant to RCW 26.44.040. Such 18
notification shall be made as soon as possible and in no case longer 19
than 72 hours. Such temporary protective custody by an administrator 20
or doctor shall not be deemed an arrest. Child protective services 21
may detain the child until the court assumes custody, but in no case 22
longer than 72 hours, excluding Saturdays, Sundays, and holidays.23
(2) A child protective services employee, an administrator, 24
doctor, or law enforcement officer shall not be held liable in any 25
civil action for the decision for taking the child into custody, if 26
done in good faith under this section. 27
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