Child welfare/animal control

AN ACT Relating to providing equal protections for children and 1
pets; amending RCW 16.52.085, 26.44.050, 13.34.060, 13.34.110, and 2
13.34.130; and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. This act may be referred to as the 5
Washington state children and pets safety parity act.6
Sec. 2. RCW 16.52.085 and 2025 c 220 s 2 are each amended to 7
read as follows: 8
(1) For the purposes of this section: 9
(a) "Minimum care" means care sufficient to preserve the physical 10
and mental health and well-being of an animal and includes, but is 11
not limited to, the following requirements: 12
(i) Food of sufficient nutrition, quantity, and quality to allow 13
for normal growth or maintenance of healthy body weight;14
(ii) Open or adequate access to potable water of a drinkable 15
temperature in sufficient quantity to satisfy the animal's needs;16
(iii) Shelter sufficient to protect the animal from wind, rain, 17
snow, sun, or other environmental or weather conditions based on the 18
animal's species, age, or physical condition; 19
S-4258.1
SENATE BILL 6306
State of Washington 69th Legislature 2026 Regular Session
By Senator Christian
p. 1 SB 6306
(iv) Veterinary or other care as may be deemed necessary by a 1
reasonably prudent person to prevent or relieve in a timely manner 2
distress from injury, neglect, or physical infirmity; and3
(v) Continuous access to an area: 4
(A) With adequate space for exercise necessary for the physical 5
and mental health and well-being of the animal. Inadequate space may 6
be indicated by evidence of debility, stress, or abnormal behavior 7
patterns; 8
(B) With temperature and ventilation suitable for the health and 9
well-being of the animal based on the animal's species, age, or 10
physical condition; 11
(C) With regular diurnal lighting cycles of either natural or 12
artificial light; and 13
(D) Kept reasonably clean and free from excess waste, garbage, 14
noxious odors, or other contaminants, objects, or other animals that 15
could cause harm to the animal's health and well-being.16
(b) "Physical infirmity" includes, but is not limited to, 17
starvation, dehydration, hypothermia, hyperthermia, muscle atrophy, 18
restriction of blood flow to a limb or organ, mange or other skin 19
disease, or parasitic infestation. 20
(c) "Physical injury" includes, but is not limited to, 21
substantial physical pain, fractures, cuts, burns, punctures, 22
bruises, or other wounds or illnesses produced by violence or by a 23
thermal or chemical agent. 24
(d) "Serious physical injury or infirmity" means physical injury 25
or physical infirmity that creates a substantial risk of death or 26
that causes protracted disfigurement, protracted impairment of 27
health, or protracted loss or impairment of the function of a limb or 28
bodily organ. 29
(2)(a) If a law enforcement officer or animal control officer has 30
probable cause to believe that an owner of a domestic animal has 31
violated this chapter or a person owns, cares for, or resides with an 32
animal in violation of RCW 16.52.200 or a pretrial order by a court, 33
the officer, after obtaining a warrant, may enter the premises where 34
the animal is located and seize the animal. 35
(b) If a law enforcement officer or an animal control officer has 36
probable cause to believe an animal is in imminent danger or is 37
suffering serious physical injury or infirmity, or needs immediate 38
medical attention, the officer may enter onto private property 39
without a warrant to: 40
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(i) Render emergency aid to the animal; or 1
(ii) Seize the animal without a warrant. Any animal seized 2
without a warrant shall immediately be brought to a veterinarian 3
licensed in the state of Washington to provide medical attention and 4
to assess the health of the animal. 5
(c) An animal control officer shall notify law enforcement when 6
there is probable cause to believe that a child is also present in 7
the home and that similar circumstances affecting the animal may also 8
affect a child. Law enforcement officers shall act, pursuant to RCW 9
26.44.050, when they receive a report from an animal control officer 10
pursuant to this section or they have probable cause to believe that 11
a child is also present in the home and that similar circumstances 12
affecting the animal may also affect a child.13
(d) A law enforcement officer or an animal control officer is not 14
liable for any damages for entry onto private property without a 15
warrant under this section, provided that the officer does not use 16
any more force than is reasonably necessary to enter upon the 17
property and remove the animal. 18
(3)(a) An animal seized under this section may be placed into the 19
custody of an animal care and control agency, into foster care that 20
is not associated in any way with the owner, or with a nonprofit 21
humane society, nonprofit animal sanctuary, or nonprofit rescue 22
organization. In determining what is a suitable placement, the 23
officer shall consider the animal's needs, including its size, 24
medical needs, and behavioral characteristics. Any person or 25
custodial agency receiving an animal seized under this section shall 26
provide the animal with minimum care. 27
(b) If a seized animal is placed into foster care or with a 28
nonprofit animal sanctuary or rescue organization, the seizing agency 29
shall retain constructive custody of the animal, shall have the duty 30
to ensure the animal receives minimum care, and may draw from the 31
bond under subsection (5) of this section and distribute the funds to 32
the foster home, authorized humane society, sanctuary, or rescue 33
organization that is authorized to care for the animal.34
(4) The owner from whom the animal was seized shall be provided 35
with notice of the right to petition for immediate return of the 36
animal and shall be afforded an opportunity to petition for such a 37
civil hearing before the animal is deemed abandoned and forfeited. 38
Any owner whose animal is seized by a law enforcement officer or 39
animal control officer under this section shall, within 72 hours 40
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following the seizure, be given written notice of the circumstances 1
of the removal and notice of legal remedies available to the owner. 2
The notice shall be given by posting at the place of seizure, by 3
delivery to the last known or suspected owner in person or a person 4
residing at the place of seizure, or by registered mail to the last 5
known or suspected owner. Such notice shall include:6
(a) The name, business address, and telephone number of the law 7
enforcement agency or animal care and control agency responsible for 8
seizing the animal; 9
(b) A description of the seized animal; 10
(c) The authority and purpose for the seizure, including the 11
time, place, and circumstances under which the animal was seized;12
(d) A statement that the owner is responsible for the cost of 13
care for an animal who was lawfully seized, and that the owner will 14
be required to post a bond with the clerk of the district court of 15
the county from which the animal was seized to defray the cost of 16
minimum care pursuant to subsection (5) of this section within 14 17
calendar days of the seizure or the animal will be deemed abandoned 18
and forfeited; and 19
(e) A statement that the owner has a right to petition the 20
district court for a civil hearing for immediate return of the animal 21
and that in order to receive a hearing, the owner or owner's agent 22
must request the civil hearing by signing and returning to the court 23
an enclosed petition within 14 calendar days after the date of 24
seizure. The enclosed petition must be in substantially the same form 25
as set forth in subsection (13) of this section. 26
(5)(a) When an animal is seized pursuant to this section, the 27
owner shall post a bond with the district court in an amount 28
sufficient to provide minimum care for each animal seized for 30 29
days, including the day on which the animal was taken into custody, 30
regardless of whether the animal is the subject of a criminal charge. 31
Such bond shall be filed with the clerk of the district court of the 32
county from which the animal was seized within 14 calendar days after 33
the day the animal is seized. 34
(b)(i) If an owner fails to post a bond by 5:00 p.m. on the 14th 35
calendar day after the day the animal was seized as required under 36
this section, the animal is deemed abandoned and the owner's interest 37
in the animal is forfeited to the custodial agency by operation of 38
law in accordance with the notice provided in subsection (4) of this 39
section. 40
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(ii) A petition required by subsection (4)(e) of this section may 1
be filed in the district court of the county from which an animal was 2
seized concerning any animal seized pursuant to this section. Copies 3
of the petition must be served on the law enforcement agency or 4
animal care and control agency responsible for seizing the animal and 5
the prosecuting attorney. 6
(iii) An owner's failure to file a written petition by 5:00 p.m. 7
on the 14th calendar day after the day the animal was seized shall 8
constitute a waiver of the right to file a petition under this 9
subsection and the animal is deemed abandoned and the owner's 10
interest in the animal is forfeited to the custodial agency by 11
operation of law unless a bond has been posted pursuant to this 12
subsection (5). The court may extend the 14-day period to file a 13
written petition by an additional 14 calendar days if the petitioner 14
did not have actual notice of the seizure and the court finds, on the 15
record and in writing, that there are exceptional and compelling 16
circumstances justifying the extension. 17
(c)(i) Upon receipt of a petition pursuant to (b) of this 18
subsection, the court shall set a civil hearing on the petition. The 19
hearing shall be conducted within 30 calendar days after the filing 20
of the petition. 21
(ii) At the hearing requested by the owner, the rules of civil 22
procedure shall apply and the respondent shall have the burden of 23
establishing probable cause to believe that the seized animal was 24
subjected to a violation of this chapter. The owner shall have an 25
opportunity to be heard before the court makes its final finding. If 26
the court finds that probable cause exists, the court shall order the 27
owner to post a bond as required by this subsection (5) within 72 28
hours of the hearing, and if the owner fails to do so, the seized 29
animal is deemed abandoned and the owner's interest in the animal is 30
forfeited to the custodial agency by operation of law. If the 31
respondent does not meet its burden of proof, the court may order the 32
animal returned to the owner at no cost to the owner, subject to 33
conditions set by the court. If the court orders the return of an 34
animal to the owner, the court may also order: 35
(A) Reasonable attorney fees for the owner; and36
(B) A full refund of the bond posted pursuant to this subsection 37
(5) by the owner for the care of the animal. 38
(d)(i) If a bond has been posted in accordance with this 39
subsection (5), subsequent court proceedings shall be given court 40
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calendar priority so long as the animal remains in the custody of the 1
custodial agency and the custodial agency may draw from the bond the 2
actual reasonable costs incurred by the agency in providing minimum 3
care to the animal from the date of seizure to the date of final 4
disposition of the animal in the criminal action. 5
(ii) At the end of the time for which expenses are covered by the 6
bond, if the owner seeks to prevent disposition of the animal by the 7
custodial agency, the owner shall post a new bond with the court 8
within 72 hours following the prior bond's expiration. If an owner 9
fails to post or renew a bond as required under this subsection (5), 10
the animal is deemed abandoned and the owner's interest in the animal 11
is forfeited to the custodial agency by operation of law.12
(e) For the purposes of this subsection (5), "animal" includes 13
all unborn offspring of the seized animal and all offspring of the 14
seized animal born after the animal was seized. 15
(6) When an animal is seized from a person prohibited from 16
owning, caring for, possessing, or residing with animals under RCW 17
16.52.200 or an order issued pursuant to RCW 16.52.117, 16.52.205, or 18
16.52.207, the animal is immediately and permanently forfeited by 19
operation of law to the custodial agency and no court action is 20
necessary. 21
(7) If an animal is forfeited to a custodial agency according to 22
the provisions of this section, the agency to which the animal was 23
forfeited may place the animal with a new owner; provided that the 24
agency may not place the animal with family members or friends of the 25
former owner or with anyone who lives in the same household as the 26
former owner. At the time of placement, the agency must provide the 27
new owner with notice that it may constitute a crime for the former 28
owner to own, care for, possess, or reside with the animal at any 29
time in the future. 30
(8) A custodial agency may authorize a veterinarian or veterinary 31
technician licensed in the state of Washington or a certified 32
euthanasia technician certified in the state of Washington to 33
euthanize a seized animal for humane reasons at any time if the 34
animal is severely injured, sick, diseased, or suffering.35
(9) Nothing in this chapter shall be construed to prevent the 36
voluntary, permanent relinquishment of any animal by its owner to a 37
law enforcement officer, animal control officer, or animal care and 38
control agency. Voluntary relinquishment has no effect on the 39
criminal charges that may be pursued by the appropriate authorities.40
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(10) Nothing in this chapter requires court action for taking 1
custody of, caring for, and properly disposing of stray, feral, at-2
large, or abandoned animals, or wild animals not owned or kept as 3
pets or livestock, as lawfully performed by law enforcement agencies 4
or animal care and control agencies. 5
(11) Any authorized person caring for, treating, or attempting to 6
restore an animal to health under this chapter shall not be civilly 7
or criminally liable for such action. 8
(12) The provisions of this section are in addition to, and not 9
in lieu of, the provisions of RCW 16.52.200. 10
(13) A petition for a civil hearing for the immediate return of a 11
seized animal shall be in a form substantially similar to the 12
following: 13
14
15
16
17
"IN THE . . . . . COURT
OF THE STATE OF WASHINGTON IN AND FOR
THE COUNTY OF . . . . . .
18 . . . . . . . . . . . . . . . . . . . . . , No. . . . .
19 Petitioner,
20 vs. PETITION FOR
21 . . . . . . . . . . . . . . . . . . . . . , RETURN OF SEIZED
22 Respondent ANIMALS
PARTIES/JURISDICTION 23
(a)(i) That Petitioner is, and at all relevant times herein was, 24
a resident of . . . . . (county of residence) County, Washington.25
(ii) That Respondent is, and at all relevant times herein was, an 26
agent, contractor, or political subdivision of the City/County 27
of . . . . . (city or county of seizing agency), State of Washington.28
(iii) That Petitioner's animal/animals were seized by Respondent 29
in . . . . . (county where animals were seized) County, Washington.30
(iv) That this Court has jurisdiction over the subject matter and 31
the parties hereto. 32
FACTS 33
(b)(i) That upon seizure of . . . . (number and type of animals) 34
such animals were placed in the care and custody of the Respondent 35
on . . . . (date of seizure). 36
(ii) That on or about . . . . (date on notice) the Respondent 37
issued a seizure, bond, and forfeiture notice under RCW 16.52.085, a 38
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true and correct copy of said notice and accompanying attachments is 1
attached hereto and incorporated herein as Exhibit A (attach a copy 2
of the notice of seizure to this petition). 3
(iii) That pursuant to such notice, Petitioner herein files this 4
petition for the immediate return of all such seized animals pursuant 5
to RCW 16.52.085. 6
PRAYER 7
(c) Petitioner prays that this Court grant said petition and 8
order the immediate return of Petitioner's aforementioned animals to 9
Petitioner's care and custody. 10
11
DATED the . . . day of ........, .... 12
13
By: ................................... 14
Petitioner (Signature)((["])) "15
Sec. 3. RCW 26.44.050 and 2024 c 328 s 105 are each amended to 16
read as follows: 17
(1) Except as provided in RCW 26.44.030(12), upon the receipt of 18
a report alleging that abuse or neglect has occurred, the law 19
enforcement agency or the department must investigate and provide the 20
protective services section with a report in accordance with chapter 21
74.13 RCW, and where necessary to refer such report to the court.22
(2) A law enforcement officer may take, or cause to be taken, a 23
child into custody without a court order if there is probable cause 24
to believe that taking the child into custody is necessary to prevent 25
imminent physical harm to the child due to child abuse or neglect, 26
including that which results from sexual abuse, sexual exploitation, 27
a high-potency synthetic opioid, or a pattern of severe neglect, and 28
the child would be seriously injured or could not be taken into 29
custody if it were necessary to first obtain a court order pursuant 30
to RCW 13.34.050. The law enforcement agency or the department 31
investigating such a report is hereby authorized to photograph such a 32
child for the purpose of providing documentary evidence of the 33
physical condition of the child. 34
(3) Law enforcement agencies are authorized to receive reports of 35
child abuse or neglect under RCW 16.52.085. A law enforcement officer 36
shall take a child into custody without a court order when a report 37
is made under RCW 16.52.085.38
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Sec. 4. RCW 13.34.060 and 2021 c 211 s 8 are each amended to 1
read as follows: 2
(1) A child taken into custody pursuant to RCW 13.34.050 or 3
26.44.050 shall be immediately placed in shelter care. A child taken 4
by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 5
shall be placed in shelter care only when permitted under RCW 6
13.34.055. No child may be held longer than ((seventy-two)) 72 hours, 7
excluding Saturdays, Sundays, and holidays, after such child is taken 8
into custody unless a court order has been entered for continued 9
shelter care or as otherwise provided in this section . In no case may 10
a child who is taken into custody pursuant to RCW 13.34.055, 11
13.34.050, or 26.44.050 be detained in a secure detention facility.12
(2) Unless there is reasonable cause based on specific evidence 13
to believe that the health, safety, or welfare of the child would be 14
jeopardized or that the efforts to reunite the parent and child will 15
be hindered, priority placement for a child in shelter care, pending 16
a court hearing, shall be with any person described in RCW 17
74.15.020(2)(a) or 13.34.130(1)(b). The person must be willing and 18
available to care for the child and be able to meet any special needs 19
of the child and the court must complete the inquiry required under 20
RCW 13.34.065 to establish whether continued placement with the 21
relative is appropriate. The person must be willing to facilitate the 22
child's visitation with siblings, if such visitation is part of the 23
department's plan or is ordered by the court. If a child is not 24
initially placed with a relative or other suitable person requested 25
by the parent pursuant to this section, the department shall make 26
continuing efforts to place the child with a relative or other 27
suitable person requested by the parent on the next business day 28
after the child is taken into custody. The department shall document 29
its effort to place the child with a relative or other suitable 30
person requested by the parent pursuant to this section. Nothing 31
within this subsection (2) establishes an entitlement to services or 32
a right to a particular placement. 33
(3) Whenever a child is taken into custody pursuant to this 34
section, the department may authorize evaluations of the child's 35
physical or emotional condition, routine medical and dental 36
examination and care, and all necessary emergency care, after 37
informing the child's parent, guardian, or legal custodian, unless 38
the parent, guardian, or legal custodian cannot be reached. The 39
child's parent, guardian, or legal custodian must be provided the 40
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opportunity to attend any appointments authorized under this 1
subsection, unless prohibited by court order. 2
(4) A child taken into custody pursuant to RCW 16.52.085 and 3
26.44.050 shall not be returned home until a court has determined 4
that the home is safe for both the child and animal and a joint 5
safety plan for both the child and animal has been developed.6
Sec. 5. RCW 13.34.110 and 2020 c 312 s 116 are each amended to 7
read as follows: 8
(1) The court shall hold a fact-finding hearing on the petition 9
and, unless the court dismisses the petition, shall make written 10
findings of fact, stating the reasons therefor. The rules of evidence 11
shall apply at the fact-finding hearing and the parent, guardian, or 12
legal custodian of the child shall have all of the rights provided in 13
RCW 13.34.090(1). The petitioner shall have the burden of 14
establishing by a preponderance of the evidence that the child is 15
dependent within the meaning of RCW 13.34.030. 16
(2)(a) The court in a fact-finding hearing may consider the 17
history of past involvement of child protective services or law 18
enforcement agencies with the family for the purpose of establishing 19
a pattern of conduct, behavior, or inaction with regard to the 20
health, safety, or welfare of the child on the part of the child's 21
parent, guardian, or legal custodian, or for the purpose of 22
establishing that reasonable efforts have been made by the department 23
to prevent or eliminate the need for removal of the child from the 24
child's home. No report of child abuse or neglect that has been 25
destroyed or expunged under RCW 26.44.031 may be used for such 26
purposes. 27
(b) When a child and animal are removed under RCW 16.52.085 and 28
26.44.050 the court shall make findings on whether the home is safe 29
for both the child and animal to be returned.30
(3)(a) The parent, guardian, or legal custodian of the child may 31
waive his or her right to a fact-finding hearing by stipulating or 32
agreeing to the entry of an order of dependency establishing that the 33
child is dependent within the meaning of RCW 13.34.030. The parent, 34
guardian, or legal custodian may also stipulate or agree to an order 35
of disposition pursuant to RCW 13.34.130 at the same time. Any 36
stipulated or agreed order of dependency or disposition must be 37
signed by the parent, guardian, or legal custodian and his or her 38
attorney, unless the parent, guardian, or legal custodian has waived 39
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his or her right to an attorney in open court, and by the petitioner 1
and the attorney, guardian ad litem, or court-appointed special 2
advocate for the child, if any. If the department is not the 3
petitioner and is required by the order to supervise the placement of 4
the child or provide services to any party, the department must also 5
agree to and sign the order. 6
(b) Entry of any stipulated or agreed order of dependency or 7
disposition is subject to approval by the court. The court shall 8
receive and review a social study before entering a stipulated or 9
agreed order and shall consider whether the order is consistent with 10
the allegations of the dependency petition and the problems that 11
necessitated the child's placement in out-of-home care. No social 12
file or social study may be considered by the court in connection 13
with the fact-finding hearing or prior to factual determination, 14
except as otherwise admissible under the rules of evidence.15
(c) Prior to the entry of any stipulated or agreed order of 16
dependency, the parent, guardian, or legal custodian of the child and 17
his or her attorney must appear before the court and the court within 18
available resources must inquire and establish on the record that:19
(i) The parent, guardian, or legal custodian understands the 20
terms of the order or orders he or she has signed, including his or 21
her responsibility to participate in remedial services as provided in 22
any disposition order; 23
(ii) The parent, guardian, or legal custodian understands that 24
entry of the order starts a process that could result in the filing 25
of a petition to terminate his or her relationship with the child 26
within the time frames required by state and federal law if he or she 27
fails to comply with the terms of the dependency or disposition 28
orders or fails to substantially remedy the problems that 29
necessitated the child's placement in out-of-home care;30
(iii) The parent, guardian, or legal custodian understands that 31
the entry of the stipulated or agreed order of dependency is an 32
admission that the child is dependent within the meaning of RCW 33
13.34.030 and shall have the same legal effect as a finding by the 34
court that the child is dependent by at least a preponderance of the 35
evidence, and that the parent, guardian, or legal custodian shall not 36
have the right in any subsequent proceeding for termination of 37
parental rights pursuant to this chapter or guardianship pursuant to 38
((chapters [chapter] )) chapter 13.36 or 11.130 RCW to challenge or 39
dispute the fact that the child was found to be dependent; and40
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(iv) The parent, guardian, or legal custodian knowingly and 1
willingly stipulated and agreed to and signed the order or orders, 2
without duress, and without misrepresentation or fraud by any other 3
party. 4
If a parent, guardian, or legal custodian fails to appear before 5
the court after stipulating or agreeing to entry of an order of 6
dependency, the court may enter the order upon a finding that the 7
parent, guardian, or legal custodian had actual notice of the right 8
to appear before the court and chose not to do so. The court may 9
require other parties to the order, including the attorney for the 10
parent, guardian, or legal custodian, to appear and advise the court 11
of the parent's, guardian's, or legal custodian's notice of the right 12
to appear and understanding of the factors specified in this 13
subsection. A parent, guardian, or legal custodian may choose to 14
waive his or her presence at the in-court hearing for entry of the 15
stipulated or agreed order of dependency by submitting to the court 16
through counsel a completed stipulated or agreed dependency fact-17
finding/disposition statement in a form determined by the Washington 18
state supreme court pursuant to General Rule GR 9.19
(4) Immediately after the entry of the findings of fact, the 20
court shall hold a disposition hearing, unless there is good cause 21
for continuing the matter for up to ((fourteen)) 14 days. If good 22
cause is shown, the case may be continued for longer than 23
((fourteen)) 14 days. Notice of the time and place of the continued 24
hearing may be given in open court. If notice in open court is not 25
given to a party, that party shall be notified by certified mail of 26
the time and place of any continued hearing. Unless there is 27
reasonable cause to believe the health, safety, or welfare of the 28
child would be jeopardized or efforts to reunite the parent and child 29
would be hindered, the court shall direct the department to notify 30
those adult persons who: (a) Are related by blood or marriage to the 31
child in the following degrees: Parent, grandparent, brother, sister, 32
stepparent, stepbrother, stepsister, uncle, or aunt; (b) are known to 33
the department as having been in contact with the family or child 34
within the past ((twelve)) 12 months; and (c) would be an appropriate 35
placement for the child. Reasonable cause to dispense with 36
notification to a parent under this section must be proved by clear, 37
cogent, and convincing evidence. 38
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The parties need not appear at the fact-finding or dispositional 1
hearing if the parties, their attorneys, the guardian ad litem, and 2
court-appointed special advocates, if any, are all in agreement.3
Sec. 6. RCW 13.34.130 and 2024 c 328 s 104 are each amended to 4
read as follows: 5
If, after a fact-finding hearing pursuant to RCW 13.34.110, it 6
has been proven by a preponderance of the evidence that the child is 7
dependent within the meaning of RCW 13.34.030 after consideration of 8
the social study prepared pursuant to RCW 13.34.110 and after a 9
disposition hearing has been held pursuant to RCW 13.34.110, the 10
court shall enter an order of disposition pursuant to this section.11
(1) The court shall order one of the following dispositions of 12
the case: 13
(a) Order a disposition that maintains the child in his or her 14
home, which shall provide a program designed to alleviate the 15
immediate danger to the child, to mitigate or cure any damage the 16
child has already suffered, and to aid the parents so that the child 17
will not be endangered in the future. In determining the disposition, 18
the court should choose services to assist the parents in maintaining 19
the child in the home, including housing assistance, if appropriate, 20
that least interfere with family autonomy and are adequate to protect 21
the child. 22
(b)(i) Order the child to be removed from his or her home and 23
into the custody, control, and care of a relative or other suitable 24
person, the department, or agency responsible for supervision of the 25
child's placement. If the court orders that the child be placed with 26
a caregiver over the objections of the parent or the department, the 27
court shall articulate, on the record, his or her reasons for 28
ordering the placement. The court may not order an Indian child, as 29
defined in RCW 13.38.040, to be removed from his or her home unless 30
the court finds, by clear and convincing evidence including testimony 31
of qualified expert witnesses, that the continued custody of the 32
child by the parent or Indian custodian is likely to result in 33
serious emotional or physical damage to the child.34
(ii) The department has the authority to place the child, subject 35
to review and approval by the court (A) with a relative as defined in 36
RCW 74.15.020(2)(a), (B) in the home of another suitable person if 37
the child or family has a preexisting relationship with that person, 38
and the person has completed all required criminal history background 39
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checks and otherwise appears to the department to be suitable and 1
competent to provide care for the child, or (C) in a foster family 2
home or group care facility licensed pursuant to chapter 74.15 RCW.3
(iii) The department may also consider placing the child, subject 4
to review and approval by the court, with a person with whom the 5
child's sibling or half-sibling is residing or a person who has 6
adopted the sibling or half -sibling of the child being placed as long 7
as the person has completed all required criminal history background 8
checks and otherwise appears to the department to be competent to 9
provide care for the child. 10
(2) Absent good cause, the department shall follow the wishes of 11
the natural parent regarding the placement of the child in accordance 12
with RCW 13.34.260. 13
(3) The department may only place a child with a person not 14
related to the child as defined in RCW 74.15.020(2)(a), including a 15
placement provided for in subsection (1)(b)(iii) of this section, 16
when the court finds that such placement is in the best interest of 17
the child. Unless there is reasonable cause to believe that the 18
health, safety, or welfare of the child would be jeopardized or that 19
efforts to reunite the parent and child will be hindered, the child 20
shall be placed with a person who is willing, appropriate, and 21
available to care for the child, and who is: (I) Related to the child 22
as defined in RCW 74.15.020(2)(a) with whom the child has a 23
relationship and is comfortable; or (II) a suitable person as 24
described in subsection (1)(b) of this section. The court shall 25
consider the child's existing relationships and attachments when 26
determining placement. 27
(4) If the child is placed in a qualified residential treatment 28
program as defined in this chapter, the court shall, within ((sixty)) 29
60 days of placement, hold a hearing to: 30
(a) Consider the assessment required under RCW 13.34.420 and 31
submitted as part of the department's social study, and any related 32
documentation; 33
(b) Determine whether placement in foster care can meet the 34
child's needs or if placement in another available placement setting 35
best meets the child's needs in the least restrictive environment; 36
and 37
(c) Approve or disapprove the child's placement in the qualified 38
residential treatment program. 39
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(5) When placing an Indian child in out-of-home care, the 1
department shall follow the placement preference characteristics in 2
RCW 13.38.180. 3
(6) Placement of the child with a relative or other suitable 4
person as described in subsection (1)(b) of this section shall be 5
given preference by the court. An order for out-of-home placement may 6
be made only if the court finds that reasonable efforts have been 7
made to prevent or eliminate the need for removal of the child from 8
the child's home and to make it possible for the child to return 9
home, specifying the services, including housing assistance, that 10
have been provided to the child and the child's parent, guardian, or 11
legal custodian, and that prevention services have been offered or 12
provided and have failed to prevent the need for out-of-home 13
placement, unless the health, safety, and welfare of the child cannot 14
be protected adequately in the home, and that: 15
(a) There is no parent or guardian available to care for such 16
child; 17
(b) The parent, guardian, or legal custodian is not willing to 18
take custody of the child; or 19
(c) The court finds, by clear, cogent, and convincing evidence, a 20
manifest danger exists that the child will suffer serious abuse or 21
neglect if the child is not removed from the home and an order under 22
RCW 26.44.063 would not protect the child from danger. The court 23
shall give great weight to the lethality of high-potency synthetic 24
opioids and public health guidance from the department of health 25
related to high-potency synthetic opioids, including fentanyl, when 26
deciding whether a manifest danger exists. 27
(7) If the court has ordered a child removed from his or her home 28
pursuant to subsection (1)(b) of this section, the court shall 29
consider whether it is in a child's best interest to be placed with, 30
have contact with, or have visits with siblings. 31
(a) There shall be a presumption that such placement, contact, or 32
visits are in the best interests of the child provided that:33
(i) The court has jurisdiction over all siblings subject to the 34
order of placement, contact, or visitation pursuant to petitions 35
filed under this chapter or the parents of a child for whom there is 36
no jurisdiction are willing to agree; and 37
(ii) There is no reasonable cause to believe that the health, 38
safety, or welfare of any child subject to the order of placement, 39
contact, or visitation would be jeopardized or that efforts to 40
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reunite the parent and child would be hindered by such placement, 1
contact, or visitation. In no event shall parental visitation time be 2
reduced in order to provide sibling visitation. 3
(b) The court may also order placement, contact, or visitation of 4
a child with a stepbrother or stepsister provided that in addition to 5
the factors in (a) of this subsection, the child has a relationship 6
and is comfortable with the stepsibling. 7
(8) If the court has ordered a child removed from his or her home 8
pursuant to subsection (1)(b) of this section and placed into 9
nonparental or nonrelative care, the court shall order a placement 10
that allows the child to remain in the same school he or she attended 11
prior to the initiation of the dependency proceeding when such a 12
placement is practical and in the child's best interest.13
(9) If the court has ordered a child removed from his or her home 14
pursuant to subsection (1)(b) of this section, the court may order 15
that a petition seeking termination of the parent and child 16
relationship be filed if the requirements of RCW 13.34.132 are met.17
(10) If there is insufficient information at the time of the 18
disposition hearing upon which to base a determination regarding the 19
suitability of a proposed placement with a relative or other suitable 20
person, the child shall remain in foster care and the court shall 21
direct the department to conduct necessary background investigations 22
as provided in chapter 74.15 RCW and report the results of such 23
investigation to the court within ((thirty)) 30 days. However, if 24
such relative or other person appears otherwise suitable and 25
competent to provide care and treatment, the criminal history 26
background check need not be completed before placement, but as soon 27
as possible after placement. Any placements with relatives or other 28
suitable persons, pursuant to this section, shall be contingent upon 29
cooperation by the relative or other suitable person with the agency 30
case plan and compliance with court orders related to the care and 31
supervision of the child including, but not limited to, court orders 32
regarding parent-child contacts, sibling contacts, and any other 33
conditions imposed by the court. Noncompliance with the case plan or 34
court order shall be grounds for removal of the child from the 35
relative's or other suitable person's home, subject to review by the 36
court. 37
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(11) Any court that makes findings under RCW 13.34.110(2)(b) 1
shall include a joint safety plan in any order of disposition it 2
makes.3
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