Child welfare response

AN ACT Relating to addressing the rise in maltreatment-related 1
child fatalities or near fatalities by supporting families that have 2
received a child welfare response from the department of children, 3
youth, and families; amending RCW 2.70.020, 13.34.065, 13.34.110, 4
74.14B.010, and 2.30.010; adding a new section to chapter 43.06 RCW; 5
adding new sections to chapter 74.13 RCW; and creating new sections.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. (1) The legislature finds that critical 8
incidents, maltreatment-related child fatalities or near fatalities 9
involving families with an open child welfare case within one year of 10
the incident, increased by 70 percent from 2021 to 2024. In the first 11
quarter of 2025, there were 22 critical incidents compared to nine 12
critical incidents in the first quarter of 2024.13
(2) The legislature intends to address the concerning rise in 14
critical incidents by: 15
(a) Increasing court oversight of child welfare cases during the 16
shelter care phase for children under age four; 17
(b) Expanding access to legal counsel and parent allies for 18
parents, guardians, or legal custodians who are pregnant or have a 19
newborn child and are at risk of child protective services 20
intervention and removal; 21
S-3962.1
SENATE BILL 6185
State of Washington 69th Legislature 2026 Regular Session
By Senators C. Wilson, Chapman, Hasegawa, Lovick, Nobles, Saldaña,
and Trudeau
Read first time 01/16/26. Referred to Committee on Human Services.
p. 1 SB 6185
(c) Convening of representatives from the health care authority, 1
the department of children, youth, and families, the department of 2
social and health services, and the department of health to align 3
with Washington thriving's strategic plan described in RCW 4
74.09.4951(6) to transform the behavioral health system and improve 5
access to substance use disorder treatment for families receiving 6
child welfare services; 7
(d) Improving the process connecting families with community-8
based services; 9
(e) Providing public health nurses to support parents of children 10
under age four with an open child protective services investigation;11
(f) Requiring that the department of children, youth, and 12
families develop and provide specialized training for supervisors of 13
child welfare workers regarding any risk and safety assessments used 14
by the department in child welfare cases; 15
(g) Respectfully requesting recommendations from the supreme 16
court commission on children in foster care's family well-being 17
community collaborative work group regarding the court process for 18
child welfare cases without removal; and 19
(h) Expanding access to the parent-child assistance program in 20
high-need communities to deliver additional intensive case management 21
and recovery support for pregnant and parenting individuals involved 22
in child welfare services due to substance abuse. 23
Sec. 2. RCW 2.70.020 and 2025 c 226 s 10 are each amended to 24
read as follows: 25
((The director shall:26
(1) Administer)) The director shall administer all state-funded 27
services in the following program areas: 28
(((a))) (1) Trial court criminal indigent defense, as provided in 29
chapter 10.101 RCW; 30
(((b))) (2) Appellate indigent defense, as provided in this 31
chapter and RCW 10.73.150; 32
(((c))) (3) Representation of indigent parents qualified for 33
appointed counsel in dependency and termination cases, as provided in 34
RCW 13.34.090 and 13.34.092; 35
(((d))) (4) Extraordinary criminal justice cost petitions, as 36
provided in RCW 43.330.190; 37
(((e))) (5) Compilation of copies of DNA test requests by persons 38
convicted of felonies, as provided in RCW 10.73.170;39
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(((f))) (6) Representation of indigent respondents qualified for 1
appointed counsel in sexually violent predator civil commitment 2
cases, as provided in chapter 71.09 RCW; 3
(((g))) (7) Representation of indigent persons who are acquitted 4
by reason of insanity and committed to state psychiatric care as 5
provided in chapter 10.77 RCW; and 6
(((h))) (8) At the request of the health care authority on behalf 7
of a county under chapter 71.05 RCW, representation of indigent 8
persons qualified for appointed counsel in involuntary commitment 9
cases; 10
(((2))) (9) Subject to availability of funds appropriated for 11
this specific purpose, ((provide)) providing access to counsel for 12
indigent persons incarcerated in a juvenile rehabilitation or adult 13
correctional facility to file and prosecute a first, timely personal 14
restraint petition under RCW 10.73.150. The office shall establish 15
eligibility criteria that prioritize access to counsel for youth 16
under age 25, youth or adults with sentences in excess of 120 months, 17
youth or adults with disabilities, and youth or adults with limited 18
English proficiency. Nothing in this subsection creates an 19
entitlement to counsel at state expense to file a personal restraint 20
petition; 21
(((3))) (10) Subject to the availability of funds appropriated 22
for this specific purpose, ((appoint)) appointing counsel to petition 23
the sentencing court if the legislature creates an ability to 24
petition the sentencing court, or appoint counsel to challenge a 25
conviction or sentence if a final decision of an appellate court 26
creates the ability to challenge a conviction or sentence. Nothing in 27
this subsection creates an entitlement to counsel at state expense to 28
petition the sentencing court; 29
(((4))) (11) ((Provide)) Providing access to attorneys for 30
juveniles contacted by a law enforcement officer for whom a legal 31
consultation is required under RCW 13.40.740; 32
(((5))) (12) ((Submit)) Submitting a biennial budget for all 33
costs related to the office's program areas; 34
(((6))) (13) ((Establish)) Establishing administrative 35
procedures, standards, and guidelines for the office's program areas, 36
including cost-efficient systems that provide for authorized recovery 37
of costs; 38
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(((7))) (14) ((Provide)) Providing oversight and technical 1
assistance to ensure the effective and efficient delivery of services 2
in the office's program areas; 3
(((8))) (15) ((Recommend)) Recommending criteria and standards 4
for determining and verifying indigency. In recommending criteria for 5
determining indigency, the director shall compile and review the 6
indigency standards used by other state agencies and shall 7
periodically submit the compilation and report to the legislature on 8
the appropriateness and consistency of such standards;9
(((9))) (16) ((Collect)) Collecting information regarding 10
indigent defense services funded by the state and report annually to 11
the advisory committee, the legislature, and the supreme court;12
(((10))) (17) ((Coordinate)) Coordinating with the supreme court 13
and the judges of each division of the court of appeals to determine 14
how appellate attorney services should be provided; and15
(18)(a) Subject to the amounts provided for this specific 16
purpose, providing legal counsel and a parent ally as defined in RCW 17
2.70.060 for parents, guardians, or legal custodians who are pregnant 18
or have a newborn child that is:19
(i) At risk of child protective services intervention and 20
removal; and21
(ii) Exposed to alcohol or controlled substances during their 22
mother's pregnancy.23
(b) The purpose of the support from legal counsel and a parent 24
ally described in this subsection is to create a safety plan for the 25
family and identify services and supports that will maintain the 26
safety of the child in the home of the parent, guardian, or legal 27
custodian. 28
Sec. 3. RCW 13.34.065 and 2024 c 328 s 103 are each amended to 29
read as follows: 30
(1)(a) When a child is removed or when the petitioner is seeking 31
the removal of a child from the child's parent, guardian, or legal 32
custodian, the court shall hold a shelter care hearing within 72 33
hours, excluding Saturdays, Sundays, and holidays. The primary 34
purpose of the shelter care hearing is to determine whether the child 35
can be immediately and safely returned home while the adjudication of 36
the dependency is pending. The court shall hold an additional shelter 37
care hearing within 72 hours, excluding Saturdays, Sundays, and 38
holidays if the child is removed from the care of a parent, guardian, 39
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or legal custodian at any time after an initial shelter care hearing 1
under this section. 2
(b) Any child's attorney, parent, guardian, or legal custodian 3
who for good cause is unable to attend or adequately prepare for the 4
shelter care hearing may request that the initial shelter care 5
hearing be continued or that a subsequent shelter care hearing be 6
scheduled. The request shall be made to the clerk of the court where 7
the petition is filed prior to the initial shelter care hearing. Upon 8
the request of the child's attorney, parent, guardian, or legal 9
custodian, the court shall schedule the hearing within 72 hours of 10
the request, excluding Saturdays, Sundays, and holidays. The clerk 11
shall notify all other parties of the hearing by any reasonable 12
means. If the parent, guardian, or legal custodian is not represented 13
by counsel, the clerk shall provide information to the parent, 14
guardian, or legal custodian regarding how to obtain counsel.15
(2)(a) If it is likely that the child will remain in shelter care 16
longer than 72 hours, the department shall submit a recommendation to 17
the court as to the further need for shelter care in all cases in 18
which the child will remain in shelter care longer than the 72 hour 19
period. In all other cases, the recommendation shall be submitted by 20
the juvenile court probation counselor. 21
(b) All parties have the right to present testimony to the court 22
regarding the need or lack of need for shelter care.23
(c) Hearsay evidence before the court regarding the need or lack 24
of need for shelter care must be supported by sworn testimony, 25
affidavit, or declaration of the person offering such evidence.26
(3)(a) At the commencement of the hearing, the court shall notify 27
the parent, guardian, or custodian of the following:28
(i) The parent, guardian, or custodian has the right to a shelter 29
care hearing; 30
(ii) The nature of the shelter care hearing, the rights of the 31
parents, and the proceedings that will follow; and32
(iii) If the parent, guardian, or custodian is not represented by 33
counsel, the right to be represented. If the parent, guardian, or 34
custodian is indigent, the court shall appoint counsel as provided in 35
RCW 13.34.090; and 36
(b) If a parent, guardian, or legal custodian desires to waive 37
the shelter care hearing, the court shall determine, on the record 38
and with the parties present, whether such waiver is knowing and 39
voluntary. A parent may not waive his or her right to the shelter 40
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care hearing unless he or she appears in court, in person, or by 1
remote means, and the court determines that the waiver is knowing and 2
voluntary. Regardless of whether the court accepts the parental 3
waiver of the shelter care hearing, the court must provide notice to 4
the parents of their rights required under (a) of this subsection and 5
make the finding required under subsection (4) of this section.6
(4) At the shelter care hearing the court shall examine the need 7
for shelter care and inquire into the status of the case. The 8
paramount consideration for the court shall be the health, welfare, 9
and safety of the child. At a minimum, the court shall inquire into 10
the following: 11
(a) Whether the notice required under RCW 13.34.062 was given to 12
all known parents, guardians, or legal custodians of the child. The 13
court shall make an express finding as to whether the notice required 14
under RCW 13.34.062 was given to the parent, guardian, or legal 15
custodian. If actual notice was not given to the parent, guardian, or 16
legal custodian and the whereabouts of such person is known or can be 17
ascertained, the court shall order the department to make diligent 18
efforts to advise the parent, guardian, or legal custodian of the 19
status of the case, including the date and time of any subsequent 20
hearings, and their rights under RCW 13.34.090; 21
(b) Whether the child can be safely returned home while the 22
adjudication of the dependency is pending; 23
(c) What efforts have been made to place the child with a 24
relative. The court shall ask the parents whether the department 25
discussed with them the placement of the child with a relative or 26
other suitable person described in RCW 13.34.130(1)(b) and shall 27
determine what efforts have been made toward such a placement;28
(d) What services were provided to the family to prevent or 29
eliminate the need for removal of the child from the child's home. If 30
the dependency petition or other information before the court alleges 31
that experiencing homelessness or the lack of suitable housing was a 32
significant factor contributing to the removal of the child, the 33
court shall inquire as to whether housing assistance was provided to 34
the family to prevent or eliminate the need for removal of the child 35
or children; 36
(e) Is the placement proposed by the department the least 37
disruptive and most family-like setting that meets the needs of the 38
child; 39
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(f) Whether it is in the best interest of the child to remain 1
enrolled in the school, developmental program, or child care the 2
child was in prior to placement and what efforts have been made to 3
maintain the child in the school, program, or child care if it would 4
be in the best interest of the child to remain in the same school, 5
program, or child care; 6
(g) Appointment of a guardian ad litem or attorney;7
(h) Whether the child is or may be an Indian child as defined in 8
RCW 13.38.040, whether the provisions of the federal Indian child 9
welfare act or chapter 13.38 RCW apply, and whether there is 10
compliance with the federal Indian child welfare act and chapter 11
13.38 RCW, including notice to the child's tribe; 12
(i) Whether, as provided in RCW 26.44.063, restraining orders, or 13
orders expelling an allegedly abusive household member from the home 14
of a nonabusive parent, guardian, or legal custodian, will allow the 15
child to safely remain in the home; 16
(j) Whether any orders for examinations, evaluations, or 17
immediate services are needed. ((The)) Except as provided in 18
subsection (5)(c) of this section, the court may not order a parent 19
to undergo examinations, evaluation, or services at the shelter care 20
hearing unless the parent agrees to the examination, evaluation, or 21
service; 22
(k) The terms and conditions for parental, sibling, and family 23
visitation. 24
(5)(a) The court shall release a child alleged to be dependent to 25
the care, custody, and control of the child's parent, guardian, or 26
legal custodian unless the court finds there is reasonable cause to 27
believe that: 28
(i) After consideration of the specific services that have been 29
provided, reasonable efforts have been made to prevent or eliminate 30
the need for removal of the child from the child's home and to make 31
it possible for the child to return home; and 32
(ii)(A) The child has no parent, guardian, or legal custodian to 33
provide supervision and care for such child; or 34
(B)(I) Removal of the child is necessary to prevent imminent 35
physical harm due to child abuse or neglect, including that which 36
results from sexual abuse, sexual exploitation, a high-potency 37
synthetic opioid, or a pattern of severe neglect, notwithstanding an 38
order entered pursuant to RCW 26.44.063. The evidence must show a 39
causal relationship between the particular conditions in the home and 40
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imminent physical harm to the child. The existence of community or 1
family poverty, isolation, single parenthood, age of the parent, 2
crowded or inadequate housing, substance abuse, prenatal drug or 3
alcohol exposure, mental illness, disability or special needs of the 4
parent or child, or nonconforming social behavior does not by itself 5
constitute imminent physical harm. The court shall give great weight 6
to the lethality of high-potency synthetic opioids and public health 7
guidance from the department of health related to high-potency 8
synthetic opioids when determining whether removal of the child is 9
necessary to prevent imminent physical harm due to child abuse or 10
neglect; 11
(II) It is contrary to the welfare of the child to be returned 12
home; and 13
(III) After considering the particular circumstances of the 14
child, any imminent physical harm to the child outweighs the harm the 15
child will 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)) Except as provided in (c) of this subsection, the 32
court shall not order a parent to participate in prevention services 33
over the objection of the parent, however, parents shall have the 34
opportunity to consult with counsel prior to deciding whether to 35
agree to proposed prevention services as a condition of having the 36
child return to or remain in the care of the parent; and37
(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
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(c) If the court places a child under age four or allows a child 1
under age four to remain in the care of a parent, guardian, or legal 2
custodian following a shelter care hearing under this section, the 3
court may order conditions necessary to maintain the safety of the 4
child under age four in the home if the court finds that there is 5
reasonable cause to believe that these conditions are necessary to 6
maintain the safety of the child. If these conditions involve the 7
participation of the parent, guardian, or legal custodian in a 8
service or evaluation, the department shall provide all necessary 9
referrals to that service within seven days of the shelter care order 10
that includes the service condition and shall provide appropriate 11
resources for the parent to access the child care that is needed to 12
comply with any conditions ordered under (c) of this subsection. 13
Failure by the department to provide timely referrals or access to 14
service conditions may not be used as a basis for removal, continued 15
shelter care, or a finding of dependency. Any condition that is 16
ordered under (c) of this subsection must be: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 harm to the child due to child abuse or neglect, 29
including that which results from sexual abuse, sexual exploitation, 30
a high-potency synthetic opioid, or a pattern of severe neglect, 31
because no relative or other suitable person is capable of ensuring 32
the basic safety of the child; or 33
(B) The efforts to reunite the parent and child will be hindered.34
(ii) In making the determination in (((c))) (d)(i) of this 35
subsection, the court shall: 36
(A) Inquire of the petitioner and any other person present at the 37
hearing for the child whether there are any relatives or other 38
suitable persons who are willing to care for the child. This inquiry 39
must include whether any relative or other suitable person:40
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(I) Has expressed an interest in becoming a caregiver for the 1
child; 2
(II) Is able to meet any special needs of the child;3
(III) Is willing to facilitate the child's sibling and parent 4
visitation if such visitation is ordered by the court; and5
(IV) Supports reunification of the parent and child once 6
reunification can safely occur; and 7
(B) Give great weight to the stated preference of the parent, 8
guardian, or legal custodian, and the child. 9
(iii) If a relative or other suitable person expressed an 10
interest in caring for the child, can meet the child's special needs, 11
can support parent-child reunification, and will facilitate court-12
ordered sibling or parent visitation, the following must not prevent 13
the child's placement with such relative or other suitable person:14
(A) An incomplete department or fingerprint-based background 15
check, if such relative or other suitable person appears otherwise 16
suitable and competent to provide care and treatment, but the 17
background checks must be completed as soon as possible after 18
placement; 19
(B) Uncertainty on the part of the relative or other suitable 20
person regarding potential adoption of the child; 21
(C) Disbelief on the part of the relative or other suitable 22
person that the parent, guardian, or legal custodian presents a 23
danger to the child, provided the caregiver will protect the safety 24
of the child and comply with court orders regarding contact with a 25
parent, guardian, or legal custodian; or 26
(D) The conditions of the relative or other suitable person's 27
home are not sufficient to satisfy the requirements of a licensed 28
foster home. The court may order the department to provide financial 29
or other support to the relative or other suitable person necessary 30
to ensure safe conditions in the home. 31
(((d))) (e) If the child was not initially placed with a relative 32
or other suitable person, and the court does not release the child to 33
his or her parent, guardian, or legal custodian, the department shall 34
make reasonable efforts to locate a relative or other suitable person 35
pursuant to RCW 13.34.060(1). 36
(((e))) (f) If the court does not order placement with a relative 37
or other suitable person, the court shall place the child in licensed 38
foster care and shall set forth its reasons for the order. If the 39
court orders placement of the child with a person not related to the 40
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child and not licensed to provide foster care, the placement is 1
subject to all terms and conditions of this section that apply to 2
relative placements. 3
(((f))) (g) Any placement with a relative, or other suitable 4
person approved by the court pursuant to this section, shall be 5
contingent upon cooperation with the department's or agency's case 6
plan and compliance with court orders related to the care and 7
supervision of the child including, but not limited to, court orders 8
regarding parent-child contacts, sibling contacts, and any other 9
conditions imposed by the court. Noncompliance with the case plan or 10
court order is grounds for removal of the child from the home of the 11
relative or other suitable person, subject to review by the court.12
(((g))) (h) If the child is placed in a qualified residential 13
treatment program as defined in this chapter, the court shall, within 14
60 days of placement, hold a hearing to: 15
(i) Consider the assessment required under RCW 13.34.420 and 16
submitted as part of the department's social study, and any related 17
documentation; 18
(ii) Determine whether placement in foster care can meet the 19
child's needs or if placement in another available placement setting 20
best meets the child's needs in the least restrictive environment; 21
and 22
(iii) Approve or disapprove the child's placement in the 23
qualified residential treatment program. 24
(((h))) (i) Uncertainty by a parent, guardian, legal custodian, 25
relative, or other suitable person that the alleged abuser has in 26
fact abused the child shall not, alone, be the basis upon which a 27
child is removed from the care of a parent, guardian, or legal 28
custodian under (a) of this subsection, nor shall it be a basis, 29
alone, to preclude placement with a relative or other suitable person 30
under (((c))) (d) of this subsection. 31
(((i))) (j) If the court places with a relative or other suitable 32
person, and that person has indicated a desire to become a licensed 33
foster parent, the court shall order the department to commence an 34
assessment of the home of such relative or other suitable person 35
within 10 days and thereafter issue an initial license as provided 36
under RCW 74.15.120 for such relative or other suitable person, if 37
qualified, as a foster parent. The relative or other suitable person 38
shall receive a foster care maintenance payment, starting on the date 39
the department approves the initial license. If such home is found to 40
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be unqualified for licensure, the department shall report such fact 1
to the court within one week of that determination. The department 2
shall report on the status of the licensure process during the entry 3
of any dispositional orders in the case. 4
(((j))) (k) If the court places the child in licensed foster 5
care: 6
(i) The petitioner shall report to the court, at the shelter care 7
hearing, the location of the licensed foster placement the petitioner 8
has identified for the child and the court shall inquire as to 9
whether: 10
(A) The identified placement is the least restrictive placement 11
necessary to meet the needs of the child; 12
(B) The child will be able to remain in the same school and 13
whether any orders of the court are necessary to ensure educational 14
stability for the child; 15
(C) The child will be placed with a sibling or siblings, and 16
whether court-ordered sibling contact would promote the well-being of 17
the child; 18
(D) The licensed foster placement is able to meet the special 19
needs of the child; 20
(E) The location of the proposed foster placement will impede 21
visitation with the child's parent or parents; 22
(ii) The court may order the department to: 23
(A) Place the child in a less restrictive placement;24
(B) Place the child in a location in closer proximity to the 25
child's parent, home, or school; 26
(C) Place the child with the child's sibling or siblings;27
(D) Take any other necessary steps to ensure the child's health, 28
safety, and well-being; 29
(iii) The court shall advise the petitioner that:30
(A) Failure to comply with court orders while a child is in 31
shelter care will be considered when determining whether reasonable 32
efforts have been made by the department during a hearing under RCW 33
13.34.110; and 34
(B) Placement moves while a child is in shelter care will be 35
considered when determining whether reasonable efforts have been made 36
by the department during a hearing under RCW 13.34.110.37
(6)(a) A shelter care order issued pursuant to this section shall 38
include the requirement for a case conference as provided in RCW 39
13.34.067. However, if the parent is not present at the shelter care 40
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hearing, or does not agree to the case conference, the court shall 1
not include the requirement for the case conference in the shelter 2
care order. 3
(b) If the court orders a case conference, the shelter care order 4
shall include notice to all parties and establish the date, time, and 5
location of the case conference which shall be no later than 30 days 6
before the fact-finding hearing. 7
(c) The court may order another conference, case staffing, or 8
hearing as an alternative to the case conference required under RCW 9
13.34.067 so long as the conference, case staffing, or hearing 10
ordered by the court meets all requirements under RCW 13.34.067, 11
including the requirement of a written agreement specifying the 12
services to be provided to the parent. 13
(7)(a)(i) A shelter care order issued pursuant to this section 14
may be amended at any time with notice and hearing thereon. The 15
shelter care decision of placement shall be modified only upon a 16
showing of change in circumstances. No child may be placed in shelter 17
care for longer than thirty days without an order, signed by the 18
judge, authorizing continued shelter care. 19
(ii) If the court previously ordered that visitation between a 20
parent and child be supervised or monitored, there shall be a 21
presumption that such supervision or monitoring will no longer be 22
necessary following a continued shelter care order under (a)(i) of 23
this subsection. To overcome this presumption, a party must provide a 24
report to the court including evidence establishing that removing 25
visit supervision or monitoring would create a risk to the child's 26
safety, and the court shall make a determination as to whether visit 27
supervision or monitoring must continue. 28
(b)(i) An order releasing the child on any conditions specified 29
in this section may at any time be amended, with notice and hearing 30
thereon, so as to return the child to shelter care for failure of the 31
parties to conform to the conditions originally imposed.32
(ii) The court shall consider whether nonconformance with any 33
conditions resulted from circumstances beyond the control of the 34
parent, guardian, or legal custodian and give weight to that fact 35
before ordering return of the child to shelter care.36
(8) The department and its employees shall not be held liable in 37
any civil action for complying with an order issued under this 38
section for placement: With a parent who has agreed to accept 39
services, a relative, or a suitable person. 40
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(9)(a) If a child is placed out of the home of a parent, 1
guardian, or legal custodian following a shelter care hearing, the 2
court shall order the petitioner to provide regular visitation with 3
the parent, guardian, or legal custodian, and siblings. Early, 4
consistent, and frequent visitation is crucial for maintaining 5
parent-child relationships and allowing family reunification. The 6
court shall order a visitation plan individualized to the needs of 7
the family with a goal of providing the maximum parent, child, and 8
sibling contact possible. 9
(b) Visitation under this subsection shall not be limited as a 10
sanction for a parent's failure to comply with recommended services 11
during shelter care. 12
(c) Visitation under this subsection may only be limited where 13
necessary to ensure the health, safety, or welfare of the child.14
(d) The first visit must take place within 72 hours of the child 15
being delivered into the custody of the department, unless the court 16
finds that extraordinary circumstances require delay.17
(e) If the first visit under (d) of this subsection occurs in an 18
in-person format, this first visit must be supervised unless the 19
department determines that visit supervision is not necessary.20
Sec. 4. RCW 13.34.110 and 2020 c 312 s 116 are each amended to 21
read as follows: 22
(1) The court shall hold a fact-finding hearing on the petition 23
and, unless the court dismisses the petition, shall make written 24
findings of fact, stating the reasons therefor. The rules of evidence 25
shall apply at the fact-finding hearing and the parent, guardian, or 26
legal custodian of the child shall have all of the rights provided in 27
RCW 13.34.090(1). The petitioner shall have the burden of 28
establishing by a preponderance of the evidence that the child is 29
dependent within the meaning of RCW 13.34.030. 30
(2)(a) The court in a fact-finding hearing may consider the 31
history of past involvement of child protective services or law 32
enforcement agencies with the family for the purpose of establishing 33
a pattern of conduct, behavior, or inaction with regard to the 34
health, safety, or welfare of the child on the part of the child's 35
parent, guardian, or legal custodian, or for the purpose of 36
establishing that reasonable efforts have been made by the department 37
to prevent or eliminate the need for removal of the child from the 38
child's home. No report of child abuse or neglect that has been 39
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destroyed or expunged under RCW 26.44.031 may be used for such 1
purposes. 2
(b) The fact that the parent participated in prevention services, 3
safety planning, or conditions necessary to maintain the safety of 4
the child under RCW 13.34.065(5)(c) may not be construed as an 5
admission of abuse or neglect.6
(3)(a) The parent, guardian, or legal custodian of the child may 7
waive his or her right to a fact-finding hearing by stipulating or 8
agreeing to the entry of an order of dependency establishing that the 9
child is dependent within the meaning of RCW 13.34.030. The parent, 10
guardian, or legal custodian may also stipulate or agree to an order 11
of disposition pursuant to RCW 13.34.130 at the same time. Any 12
stipulated or agreed order of dependency or disposition must be 13
signed by the parent, guardian, or legal custodian and his or her 14
attorney, unless the parent, guardian, or legal custodian has waived 15
his or her right to an attorney in open court, and by the petitioner 16
and the attorney, guardian ad litem, or court-appointed special 17
advocate for the child, if any. If the department is not the 18
petitioner and is required by the order to supervise the placement of 19
the child or provide services to any party, the department must also 20
agree to and sign the order. 21
(b) Entry of any stipulated or agreed order of dependency or 22
disposition is subject to approval by the court. The court shall 23
receive and review a social study before entering a stipulated or 24
agreed order and shall consider whether the order is consistent with 25
the allegations of the dependency petition and the problems that 26
necessitated the child's placement in out-of-home care. No social 27
file or social study may be considered by the court in connection 28
with the fact-finding hearing or prior to factual determination, 29
except as otherwise admissible under the rules of evidence.30
(c) Prior to the entry of any stipulated or agreed order of 31
dependency, the parent, guardian, or legal custodian of the child and 32
his or her attorney must appear before the court and the court within 33
available resources must inquire and establish on the record that:34
(i) The parent, guardian, or legal custodian understands the 35
terms of the order or orders he or she has signed, including his or 36
her responsibility to participate in remedial services as provided in 37
any disposition order; 38
(ii) The parent, guardian, or legal custodian understands that 39
entry of the order starts a process that could result in the filing 40
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of a petition to terminate his or her relationship with the child 1
within the time frames required by state and federal law if he or she 2
fails to comply with the terms of the dependency or disposition 3
orders or fails to substantially remedy the problems that 4
necessitated the child's placement in out-of-home care;5
(iii) The parent, guardian, or legal custodian understands that 6
the entry of the stipulated or agreed order of dependency is an 7
admission that the child is dependent within the meaning of RCW 8
13.34.030 and shall have the same legal effect as a finding by the 9
court that the child is dependent by at least a preponderance of the 10
evidence, and that the parent, guardian, or legal custodian shall not 11
have the right in any subsequent proceeding for termination of 12
parental rights pursuant to this chapter or guardianship pursuant to 13
chapters [chapter] 13.36 or 11.130 RCW to challenge or dispute the 14
fact that the child was found to be dependent; and15
(iv) The parent, guardian, or legal custodian knowingly and 16
willingly stipulated and agreed to and signed the order or orders, 17
without duress, and without misrepresentation or fraud by any other 18
party. 19
If a parent, guardian, or legal custodian fails to appear before 20
the court after stipulating or agreeing to entry of an order of 21
dependency, the court may enter the order upon a finding that the 22
parent, guardian, or legal custodian had actual notice of the right 23
to appear before the court and chose not to do so. The court may 24
require other parties to the order, including the attorney for the 25
parent, guardian, or legal custodian, to appear and advise the court 26
of the parent's, guardian's, or legal custodian's notice of the right 27
to appear and understanding of the factors specified in this 28
subsection. A parent, guardian, or legal custodian may choose to 29
waive his or her presence at the in-court hearing for entry of the 30
stipulated or agreed order of dependency by submitting to the court 31
through counsel a completed stipulated or agreed dependency fact-32
finding/disposition statement in a form determined by the Washington 33
state supreme court pursuant to General Rule GR 9.34
(4) Immediately after the entry of the findings of fact, the 35
court shall hold a disposition hearing, unless there is good cause 36
for continuing the matter for up to fourteen days. If good cause is 37
shown, the case may be continued for longer than fourteen days. 38
Notice of the time and place of the continued hearing may be given in 39
open court. If notice in open court is not given to a party, that 40
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party shall be notified by certified mail of the time and place of 1
any continued hearing. Unless there is reasonable cause to believe 2
the health, safety, or welfare of the child would be jeopardized or 3
efforts to reunite the parent and child would be hindered, the court 4
shall direct the department to notify those adult persons who: (a) 5
Are related by blood or marriage to the child in the following 6
degrees: Parent, grandparent, brother, sister, stepparent, 7
stepbrother, stepsister, uncle, or aunt; (b) are known to the 8
department as having been in contact with the family or child within 9
the past twelve months; and (c) would be an appropriate placement for 10
the child. Reasonable cause to dispense with notification to a parent 11
under this section must be proved by clear, cogent, and convincing 12
evidence. 13
The parties need not appear at the fact-finding or dispositional 14
hearing if the parties, their attorneys, the guardian ad litem, and 15
court-appointed special advocates, if any, are all in agreement.16
NEW SECTION. Sec. 5. A new section is added to chapter 43.06 17
RCW to read as follows: 18
(1) The governor or the governor's staff designee shall convene 19
the convening of representatives from: 20
(a) The health care authority; 21
(b) The department of children, youth, and families;22
(c) The department of social and health services; and23
(d) The department of health. 24
(2) The purpose of the convening of agencies described in 25
subsection (1) of this section is to: 26
(a) Coordinate to identify all available substance use disorder 27
treatment options for families receiving child welfare services as 28
defined in RCW 74.13.020 and child protective services as defined in 29
RCW 26.44.020; 30
(b) Establish a process to make substance use disorder treatment 31
options for families receiving child welfare services as defined in 32
RCW 74.13.020 and child protective services as defined in RCW 33
26.44.020 readily available to child welfare workers as defined in 34
RCW 74.14B.010; 35
(c) Establish a process for child welfare workers as defined in 36
RCW 74.14B.010 to identity the unmet treatment needs of families they 37
are working with; 38
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(d) Identify resources that would allow families receiving child 1
welfare services and child protection services to obtain readily 2
available access to: 3
(i) Medication-assisted treatment; 4
(ii) Medications for opioid use disorder; and 5
(iii) Family-centered residential and intensive outpatient 6
treatment; and 7
(e) Identify policy or statutory barriers to substance use 8
disorder treatment options for families receiving child welfare 9
services as defined in RCW 74.13.020 and child protective services as 10
defined in RCW 26.44.020 and provide publicly available information 11
regarding these barriers and possible solutions to overcome these 12
barriers. 13
NEW SECTION. Sec. 6. A new section is added to chapter 74.13 14
RCW to read as follows: 15
(1) By August 1, 2026, the department shall implement a process 16
to strengthen referrals and connections between eligible families and 17
community-based services in high-need communities identified by the 18
department. The process described in this section must:19
(a) Facilitate a transition that connects eligible families with 20
a community-based service provider; 21
(b) Aim to keep children safe, support families, and increase 22
participation in services by eligible families; 23
(c) Incorporate a referral process to the following services when 24
appropriate: 25
(i) The plan of safe care community pathway; 26
(ii) Peer navigators; 27
(iii) Behavioral health navigators; 28
(iv) Parent allies; 29
(v) Community-based organizations; 30
(vi) Family resource centers; and 31
(vii) Community care hubs; 32
(d) Develop the referral process described in this subsection (1) 33
in partnership with community-based service providers and support 34
organizations including, but not limited to, those listed in (c) of 35
this subsection; and 36
(e) Incorporate a process for obtaining consent from a parent, 37
guardian, or legal custodian to share their personal information with 38
potential service providers. 39
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(2) By November 1, 2027, and in compliance with RCW 43.01.036, 1
the department shall submit a report to the appropriate committees of 2
the legislature describing: 3
(a) The processes developed under subsection (1) of this section;4
(b) Any available and relevant data demonstrating the impact of 5
the processes developed under subsection (1) of this section; and6
(c) Recommendations regarding statewide implementation of the 7
process described under subsection (1) of this section.8
(3) For purposes of this section, "eligible families" means 9
families: 10
(a) Receiving child protective services as defined in RCW 11
26.44.020; and 12
(b) Families with an active dependency court case under chapter 13
13.34 RCW where the child or children reside with a parent, guardian, 14
or legal custodian and the caseworker is planning for case closure.15
NEW SECTION. Sec. 7. A new section is added to chapter 74.13 16
RCW to read as follows: 17
Subject to the availability of amounts appropriated for this 18
specific purpose, the department shall contract with public health 19
nurses to support parents of children under age four with an open 20
child protective services investigation, family assessment response, 21
or family voluntary services case. The contracts described in this 22
section must: 23
(1) Include contracts in communities impacted by substance use 24
for public health nurses to support child protective services workers 25
in safety planning; 26
(2) Provide for holistic assessments and intervention on issues 27
such as risk reduction and protective strategies, safe sleep, parent-28
child attachment and interaction, maternal and child health, child 29
development, and medical home identification. 30
Sec. 8. RCW 74.14B.010 and 2019 c 470 s 27 are each amended to 31
read as follows: 32
(1) Child welfare workers shall meet minimum standards 33
established by the department. Comprehensive training for child 34
welfare workers shall be completed before such child welfare workers 35
are assigned to case-carrying responsibilities as the sole worker 36
assigned to a particular case. Intermittent, part-time, and standby 37
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child welfare workers shall be subject to the same minimum standards 1
and training. 2
(2) Ongoing specialized training shall be provided for child 3
welfare workers responsible for investigating child sexual abuse. 4
Training participants shall have the opportunity to practice 5
interview skills and receive feedback from instructors.6
(3) The department, the criminal justice training commission, the 7
Washington association of sheriffs and police chiefs, and the 8
Washington association of prosecuting attorneys shall design and 9
implement statewide training that contains consistent elements for 10
persons engaged in the interviewing of children, including law 11
enforcement, prosecution, and child protective services.12
(4) The training required by this section shall: (a) Be based on 13
research-based practices and standards; (b) minimize the trauma of 14
all persons who are interviewed during abuse investigations; (c) 15
provide methods of reducing the number of investigative interviews 16
necessary whenever possible; (d) assure, to the extent possible, that 17
investigative interviews are thorough, objective, and complete; (e) 18
recognize needs of special populations, such as persons with 19
developmental disabilities; (f) recognize the nature and consequences 20
of victimization; (g) require investigative interviews to be 21
conducted in a manner most likely to permit the interviewed persons 22
the maximum emotional comfort under the circumstances; (h) address 23
record retention and retrieval; (i) address documentation of 24
investigative interviews; and (j) include self-care for child welfare 25
workers. 26
(5) The identification of domestic violence is critical in 27
ensuring the safety of children in the child welfare system. It is 28
also critical for child welfare workers to support victims of 29
domestic violence while victims continue to care for their children, 30
when possible, as domestic violence perpetrated against someone other 31
than the child does not constitute negligent treatment or 32
maltreatment in and of itself as provided in RCW 26.44.020. For these 33
reasons, ongoing domestic violence training and consultation shall be 34
provided to child welfare workers, including how to use the 35
department's practice guide to domestic violence. 36
(6) ((By January 1, 2021, the)) The department shall:37
(a) Develop and implement an evidence-informed curriculum for 38
supervisors providing support to child welfare workers to better 39
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prepare candidates for effective supervisory and leadership roles 1
within the department; 2
(b) Develop specialized training for child welfare workers that 3
includes simulation and coaching designed to improve clinical and 4
analytical skills; 5
(c) Based on the report required under RCW 43.216.7501(3), 6
develop and implement training for child welfare workers that 7
incorporates trauma-informed care and reflective supervision 8
principles; and9
(d) By September 1, 2026, develop and provide specialized 10
training for supervisors of child welfare workers regarding any risk 11
and safety assessment tools used by the department in child welfare 12
cases. 13
(7) For purposes of this section, "child welfare worker" means an 14
employee of the department whose job includes supporting or providing 15
child welfare services as defined in RCW 74.13.020 or child 16
protective services as defined in RCW 26.44.020. 17
Sec. 9. RCW 2.30.010 and 2015 c 291 s 1 are each amended to read 18
as follows: 19
(1) The legislature finds that judges in the trial courts 20
throughout the state effectively utilize what are known as 21
therapeutic courts to remove a defendant's or respondent's case from 22
the criminal and civil court traditional trial track and allow those 23
defendants or respondents the opportunity to obtain treatment 24
services to address particular issues that may have contributed to 25
the conduct that led to their arrest or other issues before the 26
court. Trial courts have proved adept at creative approaches in 27
fashioning a wide variety of therapeutic courts addressing the 28
spectrum of social issues that can contribute to criminal activity 29
and engagement with the child welfare system. 30
(2) The legislature further finds that by focusing on the 31
specific individual's needs, providing treatment for the issues 32
presented, and ensuring rapid and appropriate accountability for 33
program violations, therapeutic courts may decrease recidivism, 34
improve the safety of the community, and improve the life of the 35
program participant and the lives of the participant's family members 36
by decreasing the severity and frequency of the specific behavior 37
addressed by the therapeutic court. 38
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(3) The legislature recognizes the inherent authority of the 1
judiciary under Article IV, section 1 of the state Constitution to 2
establish therapeutic courts, and the outstanding contribution to the 3
state and local communities made by the establishment of therapeutic 4
courts and desires to provide a general provision in statute 5
acknowledging and encouraging the judiciary to provide for 6
therapeutic court programs to address the particular needs within a 7
given judicial jurisdiction. 8
(4) Therapeutic court programs may include, but are not limited 9
to: 10
(a) Adult drug court; 11
(b) Juvenile drug court; 12
(c) Family dependency treatment court or family drug court that 13
may include participants following the filing of a dependency 14
petition but before a dependency is established under RCW 13.34.110;15
(d) Mental health court, which may include participants with 16
developmental disabilities; 17
(e) DUI court; 18
(f) Veterans treatment court; 19
(g) Truancy court; 20
(h) Domestic violence court; 21
(i) Gambling court; 22
(j) Community court; 23
(k) Homeless court; 24
(l) Treatment, responsibility, and accountability on campus (Back 25
on TRAC) court. 26
NEW SECTION. Sec. 10. The legislature respectfully requests 27
that by November 1, 2026, the supreme court commission on children in 28
foster care's family well-being community collaborative work group 29
regarding the court process for child welfare cases without removal 30
provide a report to the appropriate committees of the legislature 31
describing the work group's recommendations.32
NEW SECTION. Sec. 11. Subject to the availability of amounts 33
provided for this specific purpose, the department of children, 34
youth, and families shall contract with two existing parent-child 35
assistance program providers in high-need communities as defined by 36
the department of children, youth, and families to deliver additional 37
intensive case management and recovery support for pregnant and 38
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parenting individuals involved in child welfare due to substance 1
abuse. The support provided in this section shall support at least 16 2
additional individuals in each high-need community for a total of at 3
least 32 additional individuals served. 4
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