Dependency/substance abuse

AN ACT Relating to improving state responses to dependent 1
children and the risk of harm from high-potency synthetic opioids and 2
caregiver substance abuse; amending RCW 13.34.040; adding a new 3
section to chapter 13.34 RCW; creating a new section; and declaring 4
an emergency. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that in November 7
2025, the department of children, youth, and families reported there 8
was a combined total of 45 critical incidents involving children in 9
2025. Additionally, 24 opioid-related critical incidents occurred, 10
compromising 53 percent of all critical incidents. The legislature 11
further finds that since 2020 there has been a precipitous rise in 12
both critical incidents and critical incidents involving high-potency 13
synthetic opioids, such as fentanyl.14
The legislature further finds that also in 2025, the office of 15
the family and children's ombuds published its annual critical 16
incident report. In that report the ombuds observed during critical 17
incident reviews, the department of children, youth, and families 18
appeared to erroneously apply the same standard for seeking removal 19
as for filing a dependency. In addition, the ombuds noted the general 20
S-3620.1
SENATE BILL 5979
State of Washington 69th Legislature 2026 Regular Session
By Senators Torres, Dozier, Gildon, and J. Wilson
Prefiled 01/05/26. Read first time 01/12/26. Referred to Committee
on Human Services.
p. 1 SB 5979
practice of the department was to only file dependencies when seeking 1
removal of a child. 2
The ombuds further recommended the expansion of dependencies as 3
an effective tool for engaging families and providing ongoing 4
services, support, and protective supervision. The legislature agrees 5
with the ombuds' recommendations and finds that the department of 6
children, youth, and families should coordinate with judicial 7
officers, court administrators, child welfare professionals, and 8
parents to develop policies and guidelines on the strategic use of 9
dependencies to improve Washington's response to the growing number 10
of opioid and fentanyl-related child fatalities and near fatalities.11
Sec. 2. RCW 13.34.040 and 2021 c 211 s 3 are each amended to 12
read as follows: 13
(1) Any person may file with the clerk of the superior court a 14
petition showing that there is within the county, or residing within 15
the county, a dependent child and requesting that the superior court 16
deal with such child as provided in this chapter. There shall be no 17
fee for filing such petitions. 18
(2) Except where the department is the petitioner, in counties 19
having paid probation officers, these officers shall, to the extent 20
possible, first determine if a petition is reasonably justifiable.21
(3) Every petition filed in proceedings under this chapter shall 22
contain a statement alleging whether there is a reason to know that 23
the child is or may be an Indian child as defined in RCW 13.38.040. 24
If there is a reason to know that the child is or may be an Indian 25
child chapter 13.38 RCW shall apply. 26
(4) Every order or decree entered under this chapter shall 27
contain a finding that the federal Indian child welfare act or 28
chapter 13.38 RCW does or does not apply. Where there is a finding 29
that the federal Indian child welfare act or chapter 13.38 RCW does 30
apply, the decree or order must also contain a finding that all 31
notice requirements and evidentiary requirements under the federal 32
Indian child welfare act and chapter 13.38 RCW have been satisfied.33
(5)(a) Each petition shall be verified and contain a statement 34
constituting a dependency, including the names, residence, and 35
contact information, if known to the petitioner, of each parent, 36
guardian, or custodian of the alleged dependent child. If the 37
petitioner is seeking removal of the child from a parent, guardian, 38
or custodian the petition shall contain a clear and specific 39
p. 2 SB 5979
statement as to the harm that will occur if the child remains in the 1
care of the parent, guardian, or custodian, and the facts that 2
support that conclusion. 3
(b) If the petitioner is not seeking removal of the child from a 4
parent, guardian, or custodian, the petition shall contain a clear 5
and specific statement as to the harm that will occur if the child or 6
family does not receive court-ordered services, and the facts that 7
support that conclusion.8
(6) The department shall establish policies for the initiation of 9
dependency proceedings, giving great weight to the presence of high-10
potency synthetic opioids; the lack of a parent, guardian, or 11
custodian capable of adequately caring for a child, such that the 12
child is in circumstances which constitute a danger of substantial 13
damage to the child's psychological or physical development; and a 14
parent's substance abuse as evidence of negligent treatment or 15
maltreatment under RCW 26.44.020(20); and the amount and frequency of 16
prior referrals within the preceding five years.17
(7) Unless otherwise required by law, nothing shall preclude the 18
department from initiating a dependency proceeding where a child is 19
dependent as defined in RCW 13.34.030(6).20
NEW SECTION. Sec. 3. A new section is added to chapter 13.34 21
RCW to read as follows: 22
(1) The department shall engage judicial officers, court 23
administrators, child welfare professionals, and parents impacted by 24
the child welfare system, to develop practice guidelines and training 25
focused on the use of in-home dependencies as an option to provide 26
ongoing services, support, and protective supervision in: (a) 27
Situations where a child is not at risk of imminent physical harm, 28
but the circumstances pose a danger of substantial damage to the 29
child's psychological or physical development; (b) situations where a 30
child is abused or neglected, as defined in RCW 26.44.020, by a 31
person legally responsible for the care of the child; (c) situations 32
where substance use or mental health issues, by a person legally 33
responsible for the child, may otherwise not fit the mandatory time 34
limits of a child protective services investigation or family 35
assessment response; and (d) repeated or frequent prior referrals.36
(2) The department shall engage judicial officers, court 37
administrators, child welfare professionals, and parents impacted by 38
the child welfare system, to develop practice guidelines and training 39
p. 3 SB 5979
focused on removing children from in-home dependencies when the 1
immediate danger to a child is not mitigated after a disposition 2
under RCW 13.34.130(1)(a). The department shall place great weight on 3
the presence of high-potency synthetic opioids in the child's 4
placement. 5
NEW SECTION. Sec. 4. This act is necessary for the immediate 6
preservation of the public peace, health, or safety, or support of 7
the state government and its existing public institutions, and takes 8
effect immediately.9
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