Children/controlled sub.

AN ACT Relating to maintaining the safety of children; and 1
amending RCW 13.34.050, 13.34.065, 13.34.130, 26.44.050, 26.44.056, 2
and 26.44.030. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 13.34.050 and 2024 c 328 s 102 are each amended to 5
read as follows: 6
(1)(a) The court may enter an order directing a law enforcement 7
officer, probation counselor, or child protective services official 8
to take a child into custody if: (((a))) (i) A petition is filed with 9
the juvenile court with sufficient corroborating evidence to 10
establish that the child is dependent; (((b))) (ii) an affidavit or 11
declaration is filed by the department in support of the petition 12
setting forth specific factual information evidencing insufficient 13
time to serve a parent with a dependency petition and hold a hearing 14
prior to removal; and (((c))) (iii) the allegations contained in the 15
petition, if true, establish that there are reasonable grounds to 16
believe that removal is necessary to prevent imminent or serious 17
physical harm to the child due to child abuse or neglect, including 18
that which results from sexual abuse, sexual exploitation, a pattern 19
of severe neglect, or a high-potency synthetic opioid. ((The court 20
shall give great weight to the lethality of high-potency synthetic 21
S-3675.1
SENATE BILL 6236
State of Washington 69th Legislature 2026 Regular Session
By Senators Holy, Fortunato, Christian, Boehnke, Dozier, Torres,
McCune, Schoesler, Goehner, Gildon, Braun, Wagoner, Short, King, J.
Wilson, and Warnick
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opioids and public health guidance from the department of health 1
related to high-potency synthetic opioids in determining whether 2
removal is necessary to prevent imminent physical harm to the child 3
due to child abuse or neglect))4
(b) Use of a controlled substance classified as a Schedule I or 5
II controlled substance under chapter 69.50 RCW other than cannabis, 6
not obtained directly from, or pursuant to, a valid prescription or 7
order of a medical practitioner while caring for a child constitutes 8
reasonable grounds to believe that removal is necessary to prevent 9
imminent or serious physical harm to the child due to child abuse or 10
neglect under (a) of this subsection. 11
(2) Any petition that does not have the necessary affidavit or 12
declaration demonstrating a risk of imminent or serious harm requires 13
that the parents are provided notice and an opportunity to be heard 14
before the order may be 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
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(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
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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
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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 court may not order a parent to 15
undergo examinations, evaluation, or services at the shelter care 16
hearing unless the parent agrees to the examination, evaluation, or 17
service; 18
(k) The terms and conditions for parental, sibling, and family 19
visitation. 20
(5)(a) The court shall release a child alleged to be dependent to 21
the care, custody, and control of the child's parent, guardian, or 22
legal custodian unless the court finds there is reasonable cause to 23
believe that: 24
(i) After consideration of the specific services that have been 25
provided, reasonable efforts have been made to prevent or eliminate 26
the need for removal of the child from the child's home and to make 27
it possible for the child to return home; and 28
(ii)(A) The child has no parent, guardian, or legal custodian to 29
provide supervision and care for such child; or 30
(B)(I) Removal of the child is necessary to prevent imminent or 31
serious physical harm due to child abuse or neglect, including that 32
which results from sexual abuse, sexual exploitation, a high-potency 33
synthetic opioid, or a pattern of severe neglect, notwithstanding an 34
order entered pursuant to RCW 26.44.063. There is a rebuttable 35
presumption that removal of the child is necessary when a parent, 36
guardian, or legal custodian's use or possession of a controlled 37
substance classified as a Schedule I or II controlled substance under 38
chapter 69.50 RCW other than cannabis, or failure to protect a child 39
from another individual's use or possession of a controlled substance 40
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classified as a Schedule I or II controlled substance under chapter 1
69.50 RCW other than cannabis, creates a risk that a child will be 2
exposed to, ingest, inhale, or have contact with a controlled 3
substance classified as a Schedule I or II controlled substance under 4
chapter 69.50 RCW other than cannabis. A parent, guardian, or legal 5
custodian's promise to secure a controlled substance classified as a 6
Schedule I or II controlled substance under chapter 69.50 RCW other 7
than cannabis or use them only when the child is not in the vicinity 8
is not sufficient to overcome this presumption. The evidence must 9
show a causal relationship between the particular conditions in the 10
home and imminent or serious physical harm to the child. The 11
existence of community or family poverty, isolation, single 12
parenthood, age of the parent, crowded or inadequate housing, 13
substance abuse, prenatal drug or alcohol exposure, mental illness, 14
disability or special needs of the parent or child, or nonconforming 15
social behavior does not by itself constitute imminent or serious 16
physical harm ((. The court shall give great weight to the lethality 17
of high-potency synthetic opioids and public health guidance from the 18
department of health related to high-potency synthetic opioids when 19
determining whether removal of the child is necessary to prevent 20
imminent physical harm due to child abuse or neglect));21
(II) It is contrary to the welfare of the child to be returned 22
home; and 23
(III) After considering the particular circumstances of the 24
child, any imminent or serious physical harm to the child outweighs 25
the harm the child will experience as a result of removal; or26
(C) The parent, guardian, or custodian to whom the child could be 27
released has been charged with violating RCW 9A.40.060 or 9A.40.070.28
(b) If the court finds that the elements of (a)(ii)(B) of this 29
subsection require removal of the child, the court shall further 30
consider: 31
(i) ((Whether)) Except in cases where a parent, guardian, or 32
legal custodian's use or possession of a controlled substance 33
classified as a Schedule I or II controlled substance under chapter 34
69.50 RCW other than cannabis, or failure to protect a child from 35
another individual's use or possession of a controlled substance 36
classified as a Schedule I or II controlled substance under chapter 37
69.50 RCW other than cannabis, creates a risk that a child will be 38
exposed to, ingest, inhale, or have contact with a controlled 39
substance classified as a Schedule I or II controlled substance under 40
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chapter 69.50 RCW other than cannabis, whether participation by the 1
parents, guardians, or legal custodians in any prevention services 2
would prevent or eliminate the need for removal and, if so, shall 3
inquire of the parent whether they are willing to participate in such 4
services. If the parent agrees to participate in the prevention 5
services identified by the court that would prevent or eliminate the 6
need for removal, the court shall place the child with the parent. 7
((The court shall give great weight to the lethality of high-potency 8
synthetic opioids and public health guidance from the department of 9
health related to high-potency synthetic opioids when deciding 10
whether to place the child with the parent. )) The court shall not 11
order a parent to participate in prevention services over the 12
objection of the parent, however, parents shall have the opportunity 13
to consult with counsel prior to deciding whether to agree to 14
proposed prevention services as a condition of having the child 15
return to or remain in the care of the parent; and16
(ii) Whether the issuance of a temporary order of protection 17
directing the removal of a person or persons from the child's 18
residence would prevent the need for removal of the child.19
(c)(i) If the court does not release the child to his or her 20
parent, guardian, or legal custodian, the court shall order placement 21
with a relative or other suitable person as described in RCW 22
13.34.130(1)(b), unless the petitioner establishes that there is 23
reasonable cause to believe that: 24
(A) Placement in licensed foster care is necessary to prevent 25
imminent or serious physical harm to the child due to child abuse or 26
neglect, including that which results from sexual abuse, sexual 27
exploitation, a high-potency synthetic opioid, or a pattern of severe 28
neglect, because no relative or other suitable person is capable of 29
ensuring the basic safety of the child; or 30
(B) The efforts to reunite the parent and child will be hindered.31
(ii) In making the determination in (c)(i) of this subsection, 32
the court shall: 33
(A) Inquire of the petitioner and any other person present at the 34
hearing for the child whether there are any relatives or other 35
suitable persons who are willing to care for the child. This inquiry 36
must include whether any relative or other suitable person:37
(I) Has expressed an interest in becoming a caregiver for the 38
child; 39
(II) Is able to meet any special needs of the child;40
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(III) Is willing to facilitate the child's sibling and parent 1
visitation if such visitation is ordered by the court; and2
(IV) Supports reunification of the parent and child once 3
reunification can safely occur; and 4
(B) Give great weight to the stated preference of the parent, 5
guardian, or legal custodian, and the child. 6
(iii) If a relative or other suitable person expressed an 7
interest in caring for the child, can meet the child's special needs, 8
can support parent-child reunification, and will facilitate court-9
ordered sibling or parent visitation, the following must not prevent 10
the child's placement with such relative or other suitable person:11
(A) An incomplete department or fingerprint-based background 12
check, if such relative or other suitable person appears otherwise 13
suitable and competent to provide care and treatment, but the 14
background checks must be completed as soon as possible after 15
placement; 16
(B) Uncertainty on the part of the relative or other suitable 17
person regarding potential adoption of the child; 18
(C) Disbelief on the part of the relative or other suitable 19
person that the parent, guardian, or legal custodian presents a 20
danger to the child, provided the caregiver will protect the safety 21
of the child and comply with court orders regarding contact with a 22
parent, guardian, or legal custodian; or 23
(D) The conditions of the relative or other suitable person's 24
home are not sufficient to satisfy the requirements of a licensed 25
foster home. The court may order the department to provide financial 26
or other support to the relative or other suitable person necessary 27
to ensure safe conditions in the home. 28
(d) If the child was not initially placed with a relative or 29
other suitable person, and the court does not release the child to 30
his or her parent, guardian, or legal custodian, the department shall 31
make reasonable efforts to locate a relative or other suitable person 32
pursuant to RCW 13.34.060(1). 33
(e) If the court does not order placement with a relative or 34
other suitable person, the court shall place the child in licensed 35
foster care and shall set forth its reasons for the order. If the 36
court orders placement of the child with a person not related to the 37
child and not licensed to provide foster care, the placement is 38
subject to all terms and conditions of this section that apply to 39
relative placements. 40
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(f) Any placement with a relative, or other suitable person 1
approved by the court pursuant to this section, shall be contingent 2
upon cooperation with the department's or agency's case plan and 3
compliance with court orders related to the care and supervision of 4
the child including, but not limited to, court orders regarding 5
parent-child contacts, sibling contacts, and any other conditions 6
imposed by the court. Noncompliance with the case plan or court order 7
is grounds for removal of the child from the home of the relative or 8
other suitable person, subject to review by the court.9
(g) If the child is placed in a qualified residential treatment 10
program as defined in this chapter, the court shall, within 60 days 11
of placement, hold a hearing to: 12
(i) Consider the assessment required under RCW 13.34.420 and 13
submitted as part of the department's social study, and any related 14
documentation; 15
(ii) Determine whether placement in foster care can meet the 16
child's needs or if placement in another available placement setting 17
best meets the child's needs in the least restrictive environment; 18
and 19
(iii) Approve or disapprove the child's placement in the 20
qualified residential treatment program. 21
(h) Uncertainty by a parent, guardian, legal custodian, relative, 22
or other suitable person that the alleged abuser has in fact abused 23
the child shall not, alone, be the basis upon which a child is 24
removed from the care of a parent, guardian, or legal custodian under 25
(a) of this subsection, nor shall it be a basis, alone, to preclude 26
placement with a relative or other suitable person under (c) of this 27
subsection. 28
(i) If the court places with a relative or other suitable person, 29
and that person has indicated a desire to become a licensed foster 30
parent, the court shall order the department to commence an 31
assessment of the home of such relative or other suitable person 32
within 10 days and thereafter issue an initial license as provided 33
under RCW 74.15.120 for such relative or other suitable person, if 34
qualified, as a foster parent. The relative or other suitable person 35
shall receive a foster care maintenance payment, starting on the date 36
the department approves the initial license. If such home is found to 37
be unqualified for licensure, the department shall report such fact 38
to the court within one week of that determination. The department 39
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shall report on the status of the licensure process during the entry 1
of any dispositional orders in the case. 2
(j) If the court places the child in licensed foster care:3
(i) The petitioner shall report to the court, at the shelter care 4
hearing, the location of the licensed foster placement the petitioner 5
has identified for the child and the court shall inquire as to 6
whether: 7
(A) The identified placement is the least restrictive placement 8
necessary to meet the needs of the child; 9
(B) The child will be able to remain in the same school and 10
whether any orders of the court are necessary to ensure educational 11
stability for the child; 12
(C) The child will be placed with a sibling or siblings, and 13
whether court-ordered sibling contact would promote the well-being of 14
the child; 15
(D) The licensed foster placement is able to meet the special 16
needs of the child; 17
(E) The location of the proposed foster placement will impede 18
visitation with the child's parent or parents; 19
(ii) The court may order the department to: 20
(A) Place the child in a less restrictive placement;21
(B) Place the child in a location in closer proximity to the 22
child's parent, home, or school; 23
(C) Place the child with the child's sibling or siblings;24
(D) Take any other necessary steps to ensure the child's health, 25
safety, and well-being; 26
(iii) The court shall advise the petitioner that:27
(A) Failure to comply with court orders while a child is in 28
shelter care will be considered when determining whether reasonable 29
efforts have been made by the department during a hearing under RCW 30
13.34.110; and 31
(B) Placement moves while a child is in shelter care will be 32
considered when determining whether reasonable efforts have been made 33
by the department during a hearing under RCW 13.34.110.34
(k) If the court determines that removal of the child is 35
necessary based on a risk that a child will be exposed to, ingest, 36
inhale, or have contact with a controlled substance classified as a 37
Schedule I or II controlled substance under chapter 69.50 RCW other 38
than cannabis, the department must demonstrate that the parent, 39
guardian, or legal custodian has at least six months of sobriety by 40
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providing documentation to the court of at least six months of random 1
drug or alcohol testing that occur at least twice per month before 2
returning the child to the parent, guardian, or legal custodian that 3
posed this risk. 4
(6)(a) A shelter care order issued pursuant to this section shall 5
include the requirement for a case conference as provided in RCW 6
13.34.067. However, if the parent is not present at the shelter care 7
hearing, or does not agree to the case conference, the court shall 8
not include the requirement for the case conference in the shelter 9
care order. 10
(b) If the court orders a case conference, the shelter care order 11
shall include notice to all parties and establish the date, time, and 12
location of the case conference which shall be no later than 30 days 13
before the fact-finding hearing. 14
(c) The court may order another conference, case staffing, or 15
hearing as an alternative to the case conference required under RCW 16
13.34.067 so long as the conference, case staffing, or hearing 17
ordered by the court meets all requirements under RCW 13.34.067, 18
including the requirement of a written agreement specifying the 19
services to be provided to the parent. 20
(7)(a)(i) A shelter care order issued pursuant to this section 21
may be amended at any time with notice and hearing thereon. The 22
shelter care decision of placement shall be modified only upon a 23
showing of change in circumstances. No child may be placed in shelter 24
care for longer than thirty days without an order, signed by the 25
judge, authorizing continued shelter care. 26
(ii) If the court previously ordered that visitation between a 27
parent and child be supervised or monitored, there shall be a 28
presumption that such supervision or monitoring will no longer be 29
necessary following a continued shelter care order under (a)(i) of 30
this subsection. To overcome this presumption, a party must provide a 31
report to the court including evidence establishing that removing 32
visit supervision or monitoring would create a risk to the child's 33
safety, and the court shall make a determination as to whether visit 34
supervision or monitoring must continue. 35
(b)(i) An order releasing the child on any conditions specified 36
in this section may at any time be amended, with notice and hearing 37
thereon, so as to return the child to shelter care for failure of the 38
parties to conform to the conditions originally imposed.39
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(ii) The court shall consider whether nonconformance with any 1
conditions resulted from circumstances beyond the control of the 2
parent, guardian, or legal custodian and give weight to that fact 3
before ordering return of the child to shelter care.4
(8) The department and its employees shall not be held liable in 5
any civil action for complying with an order issued under this 6
section for placement: With a parent who has agreed to accept 7
services, a relative, or a suitable person. 8
(9)(a) If a child is placed out of the home of a parent, 9
guardian, or legal custodian following a shelter care hearing, the 10
court shall order the petitioner to provide regular visitation with 11
the parent, guardian, or legal custodian, and siblings. Early, 12
consistent, and frequent visitation is crucial for maintaining 13
parent-child relationships and allowing family reunification. The 14
court shall order a visitation plan individualized to the needs of 15
the family with a goal of providing the maximum parent, child, and 16
sibling contact possible. 17
(b) Visitation under this subsection shall not be limited as a 18
sanction for a parent's failure to comply with recommended services 19
during shelter care. 20
(c) Visitation under this subsection may only be limited where 21
necessary to ensure the health, safety, or welfare of the child.22
(d) The first visit must take place within 72 hours of the child 23
being delivered into the custody of the department, unless the court 24
finds that extraordinary circumstances require delay.25
(e) If the first visit under (d) of this subsection occurs in an 26
in-person format, this first visit must be supervised unless the 27
department determines that visit supervision is not necessary.28
Sec. 3. RCW 13.34.130 and 2024 c 328 s 104 are each amended to 29
read as follows: 30
If, after a fact-finding hearing pursuant to RCW 13.34.110, it 31
has been proven by a preponderance of the evidence that the child is 32
dependent within the meaning of RCW 13.34.030 after consideration of 33
the social study prepared pursuant to RCW 13.34.110 and after a 34
disposition hearing has been held pursuant to RCW 13.34.110, the 35
court shall enter an order of disposition pursuant to this section.36
(1) The court shall order one of the following dispositions of 37
the case: 38
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(a) Order a disposition that maintains the child in his or her 1
home, which shall provide a program designed to alleviate the 2
immediate danger to the child, to mitigate or cure any damage the 3
child has already suffered, and to aid the parents so that the child 4
will not be endangered in the future. In determining the disposition, 5
the court should choose services to assist the parents in maintaining 6
the child in the home, including housing assistance, if appropriate, 7
that least interfere with family autonomy and are adequate to protect 8
the child. 9
(b)(i) Order the child to be removed from his or her home and 10
into the custody, control, and care of a relative or other suitable 11
person, the department, or agency responsible for supervision of the 12
child's placement. If the court orders that the child be placed with 13
a caregiver over the objections of the parent or the department, the 14
court shall articulate, on the record, his or her reasons for 15
ordering the placement. The court may not order an Indian child, as 16
defined in RCW 13.38.040, to be removed from his or her home unless 17
the court finds, by clear and convincing evidence including testimony 18
of qualified expert witnesses, that the continued custody of the 19
child by the parent or Indian custodian is likely to result in 20
serious emotional or physical damage to the child.21
(ii) The department has the authority to place the child, subject 22
to review and approval by the court (A) with a relative as defined in 23
RCW 74.15.020(2)(a), (B) in the home of another suitable person if 24
the child or family has a preexisting relationship with that person, 25
and the person has completed all required criminal history background 26
checks and otherwise appears to the department to be suitable and 27
competent to provide care for the child, or (C) in a foster family 28
home or group care facility licensed pursuant to chapter 74.15 RCW.29
(iii) The department may also consider placing the child, subject 30
to review and approval by the court, with a person with whom the 31
child's sibling or half-sibling is residing or a person who has 32
adopted the sibling or half -sibling of the child being placed as long 33
as the person has completed all required criminal history background 34
checks and otherwise appears to the department to be competent to 35
provide care for the child. 36
(2) Absent good cause, the department shall follow the wishes of 37
the natural parent regarding the placement of the child in accordance 38
with RCW 13.34.260. 39
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(3) The department may only place a child with a person not 1
related to the child as defined in RCW 74.15.020(2)(a), including a 2
placement provided for in subsection (1)(b)(iii) of this section, 3
when the court finds that such placement is in the best interest of 4
the child. Unless there is reasonable cause to believe that the 5
health, safety, or welfare of the child would be jeopardized or that 6
efforts to reunite the parent and child will be hindered, the child 7
shall be placed with a person who is willing, appropriate, and 8
available to care for the child, and who is: (I) Related to the child 9
as defined in RCW 74.15.020(2)(a) with whom the child has a 10
relationship and is comfortable; or (II) a suitable person as 11
described in subsection (1)(b) of this section. The court shall 12
consider the child's existing relationships and attachments when 13
determining placement. 14
(4) If the child is placed in a qualified residential treatment 15
program as defined in this chapter, the court shall, within sixty 16
days of placement, hold a hearing to: 17
(a) 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
(b) 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
(c) Approve or disapprove the child's placement in the qualified 25
residential treatment program. 26
(5) When placing an Indian child in out-of-home care, the 27
department shall follow the placement preference characteristics in 28
RCW 13.38.180. 29
(6) Placement of the child with a relative or other suitable 30
person as described in subsection (1)(b) of this section shall be 31
given preference by the court. An order for out-of-home placement may 32
be made only if the court finds that reasonable efforts have been 33
made to prevent or eliminate the need for removal of the child from 34
the child's home and to make it possible for the child to return 35
home, specifying the services, including housing assistance, that 36
have been provided to the child and the child's parent, guardian, or 37
legal custodian, and that prevention services have been offered or 38
provided and have failed to prevent the need for out-of-home 39
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placement, unless the health, safety, and welfare of the child cannot 1
be protected adequately in the home, and that: 2
(a) There is no parent ((or)), guardian, or legal custodian 3
available to care for such child . There is a rebuttable presumption 4
that a parent, guardian, or legal custodian is unavailable if the 5
parent, guardian, or legal custodian has deficiencies that jeopardize 6
the child's right to be nurtured, physical health, mental health, or 7
basic safety, including that which results from substance abuse, or a 8
parent, guardian, or legal custodian's use or possession of a 9
controlled substance classified as a Schedule I or II controlled 10
substance under chapter 69.50 RCW other than cannabis, or failure to 11
protect a child from another individual's use or possession of a 12
controlled substance classified as a Schedule I or II controlled 13
substance under chapter 69.50 RCW other than cannabis. A parent, 14
guardian, or legal custodian's promise to secure a controlled 15
substance classified as a Schedule I or II controlled substance under 16
chapter 69.50 RCW other than cannabis or use them only when the child 17
is not in the vicinity is not sufficient to overcome this 18
presumption; 19
(b) The parent, guardian, or legal custodian is not willing to 20
take custody of the child; or 21
(c) The court finds, by clear, cogent, and convincing evidence, a 22
manifest danger exists that the child will suffer serious abuse or 23
neglect if the child is not removed from the home and an order under 24
RCW 26.44.063 would not protect the child from danger. ((The court 25
shall give great weight to the lethality of high-potency synthetic 26
opioids and public health guidance from the department of health 27
related to high-potency synthetic opioids, including fentanyl, when 28
deciding whether a manifest danger exists )) There is a rebuttable 29
presumption that removal of the child is necessary and a manifest 30
danger exists that the child will suffer serious abuse or neglect 31
when a parent, guardian, or legal custodian's use or possession of a 32
controlled substance classified as a Schedule I or II controlled 33
substance under chapter 69.50 RCW other than cannabis, or failure to 34
protect a child from another individual's use or possession of a 35
controlled substance classified as a Schedule I or II controlled 36
substance under chapter 69.50 RCW other than cannabis, creates a risk 37
that a child will be exposed to, ingest, inhale, or have contact with 38
a controlled substance classified as a Schedule I or II controlled 39
substance under chapter 69.50 RCW other than cannabis. A parent, 40
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guardian, or legal custodian's promise to secure a controlled 1
substance classified as a Schedule I or II controlled substance under 2
chapter 69.50 RCW other than cannabis or use them only when the child 3
is not in the vicinity is not sufficient to overcome this 4
presumption. 5
(7) If the court determines that removal of the child is 6
necessary based on a risk that a child will be exposed to, ingest, 7
inhale, or have contact with a controlled substance classified as a 8
Schedule I or II controlled substance under chapter 69.50 RCW other 9
than cannabis, the department must demonstrate that the parent, 10
guardian, or legal custodian has at least six months of sobriety by 11
providing documentation to the court of at least six months of random 12
drug or alcohol testing that occur at least twice per month before 13
returning the child to the parent, guardian, or legal custodian that 14
posed this risk.15
(8) If the court has ordered a child removed from his or her home 16
pursuant to subsection (1)(b) of this section, the court shall 17
consider whether it is in a child's best interest to be placed with, 18
have contact with, or have visits with siblings. 19
(a) There shall be a presumption that such placement, contact, or 20
visits are in the best interests of the child provided that:21
(i) The court has jurisdiction over all siblings subject to the 22
order of placement, contact, or visitation pursuant to petitions 23
filed under this chapter or the parents of a child for whom there is 24
no jurisdiction are willing to agree; and 25
(ii) There is no reasonable cause to believe that the health, 26
safety, or welfare of any child subject to the order of placement, 27
contact, or visitation would be jeopardized or that efforts to 28
reunite the parent and child would be hindered by such placement, 29
contact, or visitation. In no event shall parental visitation time be 30
reduced in order to provide sibling visitation. 31
(b) The court may also order placement, contact, or visitation of 32
a child with a stepbrother or stepsister provided that in addition to 33
the factors in (a) of this subsection, the child has a relationship 34
and is comfortable with the stepsibling. 35
(((8))) (9) If the court has ordered a child removed from his or 36
her home pursuant to subsection (1)(b) of this section and placed 37
into nonparental or nonrelative care, the court shall order a 38
placement that allows the child to remain in the same school he or 39
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she attended prior to the initiation of the dependency proceeding 1
when such a placement is practical and in the child's best interest.2
(((9))) (10) If the court has ordered a child removed from his or 3
her home pursuant to subsection (1)(b) of this section, the court may 4
order that a petition seeking termination of the parent and child 5
relationship be filed if the requirements of RCW 13.34.132 are met.6
(((10))) (11) If there is insufficient information at the time of 7
the disposition hearing upon which to base a determination regarding 8
the suitability of a proposed placement with a relative or other 9
suitable person, the child shall remain in foster care and the court 10
shall direct the department to conduct necessary background 11
investigations as provided in chapter 74.15 RCW and report the 12
results of such investigation to the court within thirty days. 13
However, if such relative or other person appears otherwise suitable 14
and competent to provide care and treatment, the criminal history 15
background check need not be completed before placement, but as soon 16
as possible after placement. Any placements with relatives or other 17
suitable persons, pursuant to this section, shall be contingent upon 18
cooperation by the relative or other suitable person with the agency 19
case plan and compliance with court orders related to the care and 20
supervision of the child including, but not limited to, court orders 21
regarding parent-child contacts, sibling contacts, and any other 22
conditions imposed by the court. Noncompliance with the case plan or 23
court order shall be grounds for removal of the child from the 24
relative's or other suitable person's home, subject to review by the 25
court. 26
Sec. 4. RCW 26.44.050 and 2024 c 328 s 105 are each amended to 27
read as follows: 28
(1) Except as provided in RCW 26.44.030(12), upon the receipt of 29
a report alleging that abuse or neglect has occurred, the law 30
enforcement agency or the department must investigate and provide the 31
protective services section with a report in accordance with chapter 32
74.13 RCW, and where necessary to refer such report to the court.33
(2) A law enforcement officer may take, or cause to be taken, a 34
child into custody without a court order if there is ((probable)) 35
reasonable cause to believe that taking the child into custody is 36
necessary to prevent imminent or serious physical harm to the child 37
due to child abuse or neglect, including that which results from 38
sexual abuse, sexual exploitation, a high-potency synthetic opioid, 39
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or a pattern of severe neglect, and the child would be seriously 1
injured or could not be taken into custody if it were necessary to 2
first obtain a court order pursuant to RCW 13.34.050. The law 3
enforcement agency or the department investigating such a report is 4
hereby authorized to photograph such a child for the purpose of 5
providing documentary evidence of the physical condition of the 6
child. 7
(3) Use of a controlled substance classified as a Schedule I or 8
II controlled substance under chapter 69.50 RCW other than cannabis, 9
not obtained directly from, or pursuant to, a valid prescription or 10
order of a medical practitioner while caring for a child constitutes 11
reasonable grounds to believe that removal is necessary to prevent 12
imminent or serious physical harm to the child due to child abuse or 13
neglect as provided for under subsection (2) of this section.14
Sec. 5. RCW 26.44.056 and 2024 c 328 s 106 are each amended to 15
read as follows: 16
(1) An administrator of a hospital or similar institution or any 17
physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may 18
detain a child without consent of a person legally responsible for 19
the child whether or not medical treatment is required, if there is 20
((probable)) reasonable cause to believe that detaining the child is 21
necessary to prevent imminent or serious physical harm to the child 22
due to child abuse or neglect, including that which results from 23
sexual abuse, sexual exploitation, a high-potency synthetic opioid, 24
or a pattern of severe neglect, and the child would be seriously 25
injured or could not be taken into custody if it were necessary to 26
first obtain a court order under RCW 13.34.050: PROVIDED, That such 27
administrator or physician shall notify or cause to be notified the 28
appropriate law enforcement agency or child protective services 29
pursuant to RCW 26.44.040. Such notification shall be made as soon as 30
possible and in no case longer than 72 hours. Such temporary 31
protective custody by an administrator or doctor shall not be deemed 32
an arrest. Child protective services may detain the child until the 33
court assumes custody, but in no case longer than 72 hours, excluding 34
Saturdays, Sundays, and holidays. 35
(2) Use of a controlled substance classified as a Schedule I or 36
II controlled substance under chapter 69.50 RCW other than cannabis, 37
not obtained directly from, or pursuant to, a valid prescription or 38
order of a medical practitioner while caring for a child constitutes 39
p. 18 SB 6236
reasonable grounds to believe that removal is necessary to prevent 1
imminent or serious physical harm to the child due to child abuse or 2
neglect under subsection (1) of this section. 3
(3) A child protective services employee, an administrator, 4
doctor, or law enforcement officer shall not be held liable in any 5
civil action for the decision for taking the child into custody, if 6
done in good faith under this section. 7
Sec. 6. RCW 26.44.030 and 2024 c 298 s 6 are each amended to 8
read as follows: 9
(1)(a) When any practitioner, county coroner or medical examiner, 10
law enforcement officer, professional school personnel, registered or 11
licensed nurse, social service counselor, psychologist, pharmacist, 12
employee of the department of children, youth, and families, licensed 13
or certified child care providers or their employees, employee of the 14
department of social and health services, juvenile probation officer, 15
diversion unit staff, placement and liaison specialist, responsible 16
living skills program staff, HOPE center staff, state family and 17
children's ombuds or any volunteer in the ombuds' office, or host 18
home program has reasonable cause to believe that a child has 19
suffered abuse or neglect, he or she shall report such incident, or 20
cause a report to be made, to the proper law enforcement agency or to 21
the department as provided in RCW 26.44.040. 22
(b) When any person, in his or her official supervisory capacity 23
with a nonprofit or for-profit organization, has reasonable cause to 24
believe that a child has suffered abuse or neglect caused by a person 25
over whom he or she regularly exercises supervisory authority, he or 26
she shall report such incident, or cause a report to be made, to the 27
proper law enforcement agency, provided that the person alleged to 28
have caused the abuse or neglect is employed by, contracted by, or 29
volunteers with the organization and coaches, trains, educates, or 30
counsels a child or children or regularly has unsupervised access to 31
a child or children as part of the employment, contract, or voluntary 32
service. No one shall be required to report under this section when 33
he or she obtains the information solely as a result of a privileged 34
communication as provided in RCW 5.60.060. 35
Nothing in this subsection (1)(b) shall limit a person's duty to 36
report under (a) of this subsection. 37
For the purposes of this subsection, the following definitions 38
apply: 39
p. 19 SB 6236
(i) "Official supervisory capacity" means a position, status, or 1
role created, recognized, or designated by any nonprofit or for-2
profit organization, either for financial gain or without financial 3
gain, whose scope includes, but is not limited to, overseeing, 4
directing, or managing another person who is employed by, contracted 5
by, or volunteers with the nonprofit or for-profit organization.6
(ii) "Organization" includes a sole proprietor, partnership, 7
corporation, limited liability company, trust, association, financial 8
institution, governmental entity, other than the federal government, 9
and any other individual or group engaged in a trade, occupation, 10
enterprise, governmental function, charitable function, or similar 11
activity in this state whether or not the entity is operated as a 12
nonprofit or for-profit entity. 13
(iii) "Reasonable cause" means a person witnesses or receives a 14
credible written or oral report alleging abuse, including sexual 15
contact, or neglect of a child. 16
(iv) "Regularly exercises supervisory authority" means to act in 17
his or her official supervisory capacity on an ongoing or continuing 18
basis with regards to a particular person. 19
(v) "Sexual contact" has the same meaning as in RCW 9A.44.010.20
(c) The reporting requirement also applies to department of 21
corrections personnel who, in the course of their employment, observe 22
offenders or the children with whom the offenders are in contact. If, 23
as a result of observations or information received in the course of 24
his or her employment, any department of corrections personnel has 25
reasonable cause to believe that a child has suffered abuse or 26
neglect, he or she shall report the incident, or cause a report to be 27
made, to the proper law enforcement agency or to the department as 28
provided in RCW 26.44.040. 29
(d) The reporting requirement shall also apply to any adult who 30
has reasonable cause to believe that a child who resides with them, 31
has suffered severe abuse, and is able or capable of making a report. 32
For the purposes of this subsection, "severe abuse" means any of the 33
following: Any single act of abuse that causes physical trauma of 34
sufficient severity that, if left untreated, could cause death; any 35
single act of sexual abuse that causes significant bleeding, deep 36
bruising, or significant external or internal swelling; or more than 37
one act of physical abuse, each of which causes bleeding, deep 38
bruising, significant external or internal swelling, bone fracture, 39
or unconsciousness. 40
p. 20 SB 6236
(e) The reporting requirement also applies to guardians ad litem, 1
including court-appointed special advocates, appointed under Titles 2
11 and 13 RCW and this title, who in the course of their 3
representation of children in these actions have reasonable cause to 4
believe a child has been abused or neglected. 5
(f) The reporting requirement in (a) of this subsection also 6
applies to administrative and academic or athletic department 7
employees, including student employees, of institutions of higher 8
education, as defined in RCW 28B.10.016, and of private institutions 9
of higher education. 10
(g) The report must be made at the first opportunity, but in no 11
case longer than forty-eight hours after there is reasonable cause to 12
believe that the child has suffered abuse or neglect. The report must 13
include the identity of the accused if known. 14
(2) The reporting requirement of subsection (1) of this section 15
does not apply to the discovery of abuse or neglect that occurred 16
during childhood if it is discovered after the child has become an 17
adult. However, if there is reasonable cause to believe other 18
children are or may be at risk of abuse or neglect by the accused, 19
the reporting requirement of subsection (1) of this section does 20
apply. 21
(3) Any other person who has reasonable cause to believe that a 22
child has suffered abuse or neglect may report such incident to the 23
proper law enforcement agency or to the department as provided in RCW 24
26.44.040. 25
(4) The department, upon receiving a report of an incident of 26
alleged abuse or neglect pursuant to this chapter, involving a child 27
who has died or has had physical injury or injuries inflicted upon 28
him or her other than by accidental means or who has been subjected 29
to alleged sexual abuse, shall report such incident to the proper law 30
enforcement agency, including military law enforcement, if 31
appropriate. In emergency cases, where the child's welfare is 32
endangered, the department shall notify the proper law enforcement 33
agency within twenty-four hours after a report is received by the 34
department. In all other cases, the department shall notify the law 35
enforcement agency within seventy-two hours after a report is 36
received by the department. If the department makes an oral report, a 37
written report must also be made to the proper law enforcement agency 38
within five days thereafter. 39
p. 21 SB 6236
(5) Any law enforcement agency receiving a report of an incident 1
of alleged abuse or neglect pursuant to this chapter, involving a 2
child who has died or has had physical injury or injuries inflicted 3
upon him or her other than by accidental means, or who has been 4
subjected to alleged sexual abuse, shall report such incident in 5
writing as provided in RCW 26.44.040 to the proper county prosecutor 6
or city attorney for appropriate action whenever the law enforcement 7
agency's investigation reveals that a crime may have been committed. 8
The law enforcement agency shall also notify the department of all 9
reports received and the law enforcement agency's disposition of 10
them. In emergency cases, where the child's welfare is endangered, 11
the law enforcement agency shall notify the department within twenty-12
four hours. In all other cases, the law enforcement agency shall 13
notify the department within seventy-two hours after a report is 14
received by the law enforcement agency. 15
(6) Any county prosecutor or city attorney receiving a report 16
under subsection (5) of this section shall notify the victim, any 17
persons the victim requests, and the local office of the department, 18
of the decision to charge or decline to charge a crime, within five 19
days of making the decision. 20
(7) The department may conduct ongoing case planning and 21
consultation with those persons or agencies required to report under 22
this section, with consultants designated by the department, and with 23
designated representatives of Washington Indian tribes if the client 24
information exchanged is pertinent to cases currently receiving child 25
protective services. Upon request, the department shall conduct such 26
planning and consultation with those persons required to report under 27
this section if the department determines it is in the best interests 28
of the child. Information considered privileged by statute and not 29
directly related to reports required by this section must not be 30
divulged without a valid written waiver of the privilege.31
(8) Any case referred to the department by a physician licensed 32
under chapter 18.57 or 18.71 RCW on the basis of an expert medical 33
opinion that child abuse, neglect, or sexual assault has occurred and 34
that the child's safety will be seriously endangered if returned 35
home, the department shall file a dependency petition unless a second 36
licensed physician of the parents' choice believes that such expert 37
medical opinion is incorrect. If the parents fail to designate a 38
second physician, the department may make the selection. If a 39
physician finds that a child has suffered abuse or neglect but that 40
p. 22 SB 6236
such abuse or neglect does not constitute imminent or serious danger 1
to the child's health or safety, and the department agrees with the 2
physician's assessment, the child may be left in the parents' home 3
while the department proceeds with reasonable efforts to remedy 4
parenting deficiencies. 5
(9) Persons or agencies exchanging information under subsection 6
(7) of this section shall not further disseminate or release the 7
information except as authorized by state or federal statute. 8
Violation of this subsection is a misdemeanor. 9
(10) Upon receiving a report that a child is a candidate for 10
foster care as defined in RCW 26.44.020, the department may provide 11
prevention and family services and programs to the child's parents, 12
guardian, or caregiver. The department may not be held civilly liable 13
for the decision regarding whether to provide prevention and family 14
services and programs, or for the provision of those services and 15
programs, for a child determined to be a candidate for foster care.16
(11) Upon receiving a report of alleged abuse or neglect, the 17
department shall make reasonable efforts to learn the name, address, 18
and telephone number of each person making a report of abuse or 19
neglect under this section. The department shall provide assurances 20
of appropriate confidentiality of the identification of persons 21
reporting under this section. If the department is unable to learn 22
the information required under this subsection, the department shall 23
only investigate cases in which: 24
(a) The department believes there is a serious threat of 25
substantial harm to the child; 26
(b) The report indicates conduct involving a criminal offense 27
that has, or is about to occur, in which the child is the victim; or28
(c) The department has a prior founded report of abuse or neglect 29
with regard to a member of the household that is within three years 30
of receipt of the referral. 31
(12)(a) Upon receiving a report of alleged abuse or neglect, the 32
department shall use one of the following discrete responses to 33
reports of child abuse or neglect that are screened in and accepted 34
for departmental response: 35
(i) Investigation; or 36
(ii) Family assessment. 37
(b) In making the response in (a) of this subsection the 38
department shall: 39
p. 23 SB 6236
(i) Use a method by which to assign cases to investigation or 1
family assessment which are based on an array of factors that may 2
include the presence of: Imminent or serious danger, level of risk, 3
number of previous child abuse or neglect reports, or other 4
presenting case characteristics, such as the type of alleged 5
maltreatment and the age of the alleged victim. Age of the alleged 6
victim shall not be used as the sole criterion for determining case 7
assignment; 8
(ii) Allow for a change in response assignment based on new 9
information that alters risk or safety level; 10
(iii) Allow families assigned to family assessment to choose to 11
receive an investigation rather than a family assessment;12
(iv) Provide a full investigation if a family refuses the initial 13
family assessment; 14
(v) Provide voluntary services to families based on the results 15
of the initial family assessment. If a family refuses voluntary 16
services, and the department cannot identify specific facts related 17
to risk or safety that warrant assignment to investigation under this 18
chapter, and there is not a history of reports of child abuse or 19
neglect related to the family, then the department must close the 20
family assessment response case. However, if at any time the 21
department identifies risk or safety factors that warrant an 22
investigation under this chapter, then the family assessment response 23
case must be reassigned to investigation; 24
(vi) Conduct an investigation, and not a family assessment, in 25
response to an allegation that, the department determines based on 26
the intake assessment: 27
(A) Indicates a child's health, safety, and welfare will be 28
seriously endangered if not taken into custody for reasons including, 29
but not limited to, sexual abuse and sexual exploitation of the child 30
as defined in this chapter; 31
(B) Poses a serious threat of substantial harm to a child;32
(C) Constitutes conduct involving a criminal offense that has, or 33
is about to occur, in which the child is the victim;34
(D) The child is an abandoned child as defined in RCW 13.34.030;35
(E) The child is an adjudicated dependent child as defined in RCW 36
13.34.030, or the child is in a facility that is licensed, operated, 37
or certified for care of children by the department under chapter 38
74.15 RCW. 39
p. 24 SB 6236
(c) In addition, the department may use a family assessment 1
response to assess for and provide prevention and family services and 2
programs, as defined in RCW 26.44.020, for the following children and 3
their families, consistent with requirements under the federal family 4
first prevention services act and this section: 5
(i) A child who is a candidate for foster care, as defined in RCW 6
26.44.020; and 7
(ii) A child who is in foster care and who is pregnant, 8
parenting, or both. 9
(d) The department may not be held civilly liable for the 10
decision to respond to an allegation of child abuse or neglect by 11
using the family assessment response under this section unless the 12
state or its officers, agents, or employees acted with reckless 13
disregard. 14
(13)(a) For reports of alleged abuse or neglect that are accepted 15
for investigation by the department, the investigation shall be 16
conducted within time frames established by the department in rule. 17
In no case shall the investigation extend longer than ninety days 18
from the date the report is received, unless the investigation is 19
being conducted under a written protocol pursuant to RCW 26.44.180 20
and a law enforcement agency or prosecuting attorney has determined 21
that a longer investigation period is necessary. At the completion of 22
the investigation, the department shall make a finding that the 23
report of child abuse or neglect is founded or unfounded.24
(b) If a court in a civil or criminal proceeding, considering the 25
same facts or circumstances as are contained in the report being 26
investigated by the department, makes a judicial finding by a 27
preponderance of the evidence or higher that the subject of the 28
pending investigation has abused or neglected the child, the 29
department shall adopt the finding in its investigation.30
(14) For reports of alleged abuse or neglect that are responded 31
to through family assessment response, the department shall:32
(a) Provide the family with a written explanation of the 33
procedure for assessment of the child and the family and its 34
purposes; 35
(b) Collaborate with the family to identify family strengths, 36
resources, and service needs, and develop a service plan with the 37
goal of reducing risk of harm to the child and improving or restoring 38
family well-being; 39
p. 25 SB 6236
(c) Complete the family assessment response within forty-five 1
days of receiving the report except as follows: 2
(i) Upon parental agreement, the family assessment response 3
period may be extended up to one hundred twenty days. The 4
department's extension of the family assessment response period must 5
be operated within the department's appropriations;6
(ii) For cases in which the department elects to use a family 7
assessment response as authorized under subsection (12)(c) of this 8
section, and upon agreement of the child's parent, legal guardian, 9
legal custodian, or relative placement, the family assessment 10
response period may be extended up to one year. The department's 11
extension of the family assessment response must be operated within 12
the department's appropriations. 13
(d) Offer services to the family in a manner that makes it clear 14
that acceptance of the services is voluntary; 15
(e) Implement the family assessment response in a consistent and 16
cooperative manner; 17
(f) Have the parent or guardian agree to participate in services 18
before services are initiated. The department shall inform the 19
parents of their rights under family assessment response, all of 20
their options, and the options the department has if the parents do 21
not agree to participate in services. 22
(15)(a) In conducting an investigation or family assessment of 23
alleged abuse or neglect, the department or law enforcement agency:24
(i) May interview children. If the department determines that the 25
response to the allegation will be family assessment response, the 26
preferred practice is to request a parent's, guardian's, or 27
custodian's permission to interview the child before conducting the 28
child interview unless doing so would compromise the safety of the 29
child or the integrity of the assessment. The interviews may be 30
conducted on school premises, at day-care facilities, at the child's 31
home, or at other suitable locations outside of the presence of 32
parents. If the allegation is investigated, parental notification of 33
the interview must occur at the earliest possible point in the 34
investigation that will not jeopardize the safety or protection of 35
the child or the course of the investigation. Prior to commencing the 36
interview the department or law enforcement agency shall determine 37
whether the child wishes a third party to be present for the 38
interview and, if so, shall make reasonable efforts to accommodate 39
the child's wishes. Unless the child objects, the department or law 40
p. 26 SB 6236
enforcement agency shall make reasonable efforts to include a third 1
party in any interview so long as the presence of the third party 2
will not jeopardize the course of the investigation; and3
(ii) Shall have access to all relevant records of the child in 4
the possession of mandated reporters and their employees.5
(b) The Washington state school directors' association shall 6
adopt a model policy addressing protocols when an interview, as 7
authorized by this subsection, is conducted on school premises. In 8
formulating its policy, the association shall consult with the 9
department and the Washington association of sheriffs and police 10
chiefs. 11
(16) If a report of alleged abuse or neglect is founded and 12
constitutes the third founded report received by the department 13
within the last twelve months involving the same child or family, the 14
department shall promptly notify the office of the family and 15
children's ombuds of the contents of the report. The department shall 16
also notify the ombuds of the disposition of the report.17
(17) In investigating and responding to allegations of child 18
abuse and neglect, the department may conduct background checks as 19
authorized by state and federal law. 20
(18)(a) The department shall maintain investigation records and 21
conduct timely and periodic reviews of all founded cases of abuse and 22
neglect. The department shall maintain a log of screened-out 23
nonabusive cases. 24
(b) In the family assessment response, the department shall not 25
make a finding as to whether child abuse or neglect occurred. No one 26
shall be named as a perpetrator and no investigative finding shall be 27
entered in the department's child abuse or neglect database.28
(19) The department shall use a risk assessment process when 29
investigating alleged child abuse and neglect referrals. The 30
department shall present the risk factors at all hearings in which 31
the placement of a dependent child is an issue. Substance abuse must 32
be a risk factor. 33
(20) Upon receipt of a report of alleged abuse or neglect the law 34
enforcement agency may arrange to interview the person making the 35
report and any collateral sources to determine if any malice is 36
involved in the reporting. 37
(21) Upon receiving a report of alleged abuse or neglect 38
involving a child under the court's jurisdiction under chapter 13.34 39
RCW, the department shall promptly notify the child's guardian ad 40
p. 27 SB 6236
litem of the report's contents. The department shall also notify the 1
guardian ad litem of the disposition of the report. For purposes of 2
this subsection, "guardian ad litem" has the meaning provided in RCW 3
13.34.030. 4
(22) The department shall make efforts as soon as practicable to 5
determine the military status of parents whose children are subject 6
to abuse or neglect allegations. If the department determines that a 7
parent or guardian is in the military, the department shall notify a 8
department of defense family advocacy program that there is an 9
allegation of abuse and neglect that is screened in and open for 10
investigation that relates to that military parent or guardian.11
(23) The department shall make available on its public website a 12
downloadable and printable poster that includes the reporting 13
requirements included in this section. The poster must be no smaller 14
than eight and one-half by eleven inches with all information on one 15
side. The poster must be made available in both the English and 16
Spanish languages. Organizations that include employees or volunteers 17
subject to the reporting requirements of this section must clearly 18
display this poster in a common area. At a minimum, this poster must 19
include the following: 20
(a) Who is required to report child abuse and neglect;21
(b) The standard of knowledge to justify a report;22
(c) The definition of reportable crimes; 23
(d) Where to report suspected child abuse and neglect; and24
(e) What should be included in a report and the appropriate 25
timing. 26
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p. 28 SB 6236