Child welfare time extension

AN ACT Relating to the extension of time for certain child 1
welfare cases for children under the age of four; reenacting and 2
amending RCW 26.44.030; creating a new section; and providing an 3
expiration date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 26.44.030 and 2025 c 197 s 2 and 2025 c 192 s 2 are 6
each reenacted and amended to read as follows: 7
(1)(a) When any member of the clergy, practitioner, county 8
coroner or medical examiner, law enforcement officer, professional 9
school personnel, registered or licensed nurse, social service 10
counselor, psychologist, pharmacist, employee of the department of 11
children, youth, and families, licensed or certified child care 12
providers or their employees, employee of the department of social 13
and health services, juvenile probation officer, diversion unit 14
staff, placement and liaison specialist, responsible living skills 15
program staff, HOPE center staff, state family and children's ombuds 16
or any volunteer in the ombuds' office, or host home program has 17
reasonable cause to believe that a child has suffered abuse or 18
neglect, he or she shall report such incident, or cause a report to 19
be made, to the proper law enforcement agency or to the department as 20
provided in RCW 26.44.040. 21
S-4339.1
SENATE BILL 6319
State of Washington 69th Legislature 2026 Regular Session
By Senators C. Wilson and Nobles
Read first time 01/27/26. Referred to Committee on Human Services.
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(b) When any person, in his or her official supervisory capacity 1
with a nonprofit or for-profit organization, has reasonable cause to 2
believe that a child has suffered abuse or neglect caused by a person 3
over whom he or she regularly exercises supervisory authority, he or 4
she shall report such incident, or cause a report to be made, to the 5
proper law enforcement agency, provided that the person alleged to 6
have caused the abuse or neglect is employed by, contracted by, or 7
volunteers with the organization and coaches, trains, educates, or 8
counsels a child or children or regularly has unsupervised access to 9
a child or children as part of the employment, contract, or voluntary 10
service. Except for members of the clergy, no one shall be required 11
to report under this section when he or she obtains the information 12
solely as a result of a privileged communication as provided in RCW 13
5.60.060. 14
Nothing in this subsection (1)(b) shall limit a person's duty to 15
report under (a) of this subsection. 16
For the purposes of this subsection, the following definitions 17
apply: 18
(i) "Official supervisory capacity" means a position, status, or 19
role created, recognized, or designated by any nonprofit or for-20
profit organization, either for financial gain or without financial 21
gain, whose scope includes, but is not limited to, overseeing, 22
directing, or managing another person who is employed by, contracted 23
by, or volunteers with the nonprofit or for-profit organization.24
(ii) "Organization" includes a sole proprietor, partnership, 25
corporation, limited liability company, trust, association, financial 26
institution, governmental entity, other than the federal government, 27
and any other individual or group engaged in a trade, occupation, 28
enterprise, governmental function, charitable function, or similar 29
activity in this state whether or not the entity is operated as a 30
nonprofit or for-profit entity. 31
(iii) "Reasonable cause" means a person witnesses or receives a 32
credible written or oral report alleging abuse, including sexual 33
contact, or neglect of a child. 34
(iv) "Regularly exercises supervisory authority" means to act in 35
his or her official supervisory capacity on an ongoing or continuing 36
basis with regards to a particular person. 37
(v) "Sexual contact" has the same meaning as in RCW 9A.44.010.38
(c) The reporting requirement also applies to department of 39
corrections personnel who, in the course of their employment, observe 40
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offenders or the children with whom the offenders are in contact. If, 1
as a result of observations or information received in the course of 2
his or her employment, any department of corrections personnel has 3
reasonable cause to believe that a child has suffered abuse or 4
neglect, he or she shall report the incident, or cause a report to be 5
made, to the proper law enforcement agency or to the department as 6
provided in RCW 26.44.040. 7
(d) The reporting requirement shall also apply to any adult who 8
has reasonable cause to believe that a child who resides with them, 9
has suffered severe abuse, and is able or capable of making a report. 10
For the purposes of this subsection, "severe abuse" means any of the 11
following: Any single act of abuse that causes physical trauma of 12
sufficient severity that, if left untreated, could cause death; any 13
single act of sexual abuse that causes significant bleeding, deep 14
bruising, or significant external or internal swelling; or more than 15
one act of physical abuse, each of which causes bleeding, deep 16
bruising, significant external or internal swelling, bone fracture, 17
or unconsciousness. 18
(e) The reporting requirement also applies to guardians ad litem, 19
including court-appointed special advocates, appointed under Titles 20
11 and 13 RCW and this title, who in the course of their 21
representation of children in these actions have reasonable cause to 22
believe a child has been abused or neglected. 23
(f) The reporting requirement in (a) of this subsection also 24
applies to administrative and academic or athletic department 25
employees, including student employees, of institutions of higher 26
education, as defined in RCW 28B.10.016, and of private institutions 27
of higher education. Under this subsection, the reporting requirement 28
applies to: 29
(i) An attorney who is employed by an institution of higher 30
education, as defined in RCW 28B.10.016, or private institution of 31
higher education, unless it relates to information related to the 32
representation of a client; and 33
(ii) An employee working under the supervision or direction of an 34
attorney described in (f)(i) of this subsection, unless it relates to 35
information related to the representation of a client.36
(g) Nothing in this subsection shall be interpreted to suspend or 37
supersede otherwise applicable disclosure standards as provided for 38
in the Washington rules of professional conduct regarding 39
confidentiality of information including but not limited to 40
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disclosure to prevent reasonably certain death or substantial bodily 1
harm. 2
(h) The report must be made at the first opportunity, but in no 3
case longer than 48 hours after there is reasonable cause to believe 4
that the child has suffered abuse or neglect. The report must include 5
the identity of the accused if known. 6
(2) The reporting requirement of subsection (1) of this section 7
does not apply to the discovery of abuse or neglect that occurred 8
during childhood if it is discovered after the child has become an 9
adult. However, if there is reasonable cause to believe other 10
children are or may be at risk of abuse or neglect by the accused, 11
the reporting requirement of subsection (1) of this section does 12
apply. 13
(3) Any other person who has reasonable cause to believe that a 14
child has suffered abuse or neglect may report such incident to the 15
proper law enforcement agency or to the department as provided in RCW 16
26.44.040. 17
(4) The department, upon receiving a report of an incident of 18
alleged abuse or neglect pursuant to this chapter, involving a child 19
who has died or has had physical injury or injuries inflicted upon 20
him or her other than by accidental means or who has been subjected 21
to alleged sexual abuse, shall report such incident to the proper law 22
enforcement agency, including military law enforcement, if 23
appropriate. In emergency cases, where the child's welfare is 24
endangered, the department shall notify the proper law enforcement 25
agency within 24 hours after a report is received by the department. 26
In all other cases, the department shall notify the law enforcement 27
agency within 72 hours after a report is received by the department. 28
If the department makes an oral report, a written report must also be 29
made to the proper law enforcement agency within five days 30
thereafter. 31
(5) Any law enforcement agency receiving a report of an incident 32
of alleged abuse or neglect pursuant to this chapter, involving a 33
child who has died or has had physical injury or injuries inflicted 34
upon him or her other than by accidental means, or who has been 35
subjected to alleged sexual abuse, shall report such incident in 36
writing as provided in RCW 26.44.040 to the proper county prosecutor 37
or city attorney for appropriate action whenever the law enforcement 38
agency's investigation reveals that a crime may have been committed. 39
The law enforcement agency shall also notify the department of all 40
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reports received and the law enforcement agency's disposition of 1
them. In emergency cases, where the child's welfare is endangered, 2
the law enforcement agency shall notify the department within 24 3
hours. In all other cases, the law enforcement agency shall notify 4
the department within 72 hours after a report is received by the law 5
enforcement agency. 6
(6) Any county prosecutor or city attorney receiving a report 7
under subsection (5) of this section shall notify the victim, any 8
persons the victim requests, and the local office of the department, 9
of the decision to charge or decline to charge a crime, within five 10
days of making the decision. 11
(7) The department may conduct ongoing case planning and 12
consultation with those persons or agencies required to report under 13
this section, with consultants designated by the department, and with 14
designated representatives of Washington Indian tribes if the client 15
information exchanged is pertinent to cases currently receiving child 16
protective services. Upon request, the department shall conduct such 17
planning and consultation with those persons required to report under 18
this section if the department determines it is in the best interests 19
of the child. Information considered privileged by statute and not 20
directly related to reports required by this section must not be 21
divulged without a valid written waiver of the privilege.22
(8) Any case referred to the department by a physician licensed 23
under chapter 18.57 or 18.71 RCW on the basis of an expert medical 24
opinion that child abuse, neglect, or sexual assault has occurred and 25
that the child's safety will be seriously endangered if returned 26
home, the department shall file a dependency petition unless a second 27
licensed physician of the parents' choice believes that such expert 28
medical opinion is incorrect. If the parents fail to designate a 29
second physician, the department may make the selection. If a 30
physician finds that a child has suffered abuse or neglect but that 31
such abuse or neglect does not constitute imminent danger to the 32
child's health or safety, and the department agrees with the 33
physician's assessment, the child may be left in the parents' home 34
while the department proceeds with reasonable efforts to remedy 35
parenting deficiencies. 36
(9) Persons or agencies exchanging information under subsection 37
(7) of this section shall not further disseminate or release the 38
information except as authorized by state or federal statute. 39
Violation of this subsection is a misdemeanor. 40
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(10) Upon receiving a report that a child is a candidate for 1
foster care as defined in RCW 26.44.020, the department may provide 2
prevention and family services and programs to the child's parents, 3
guardian, or caregiver. The department may not be held civilly liable 4
for the decision regarding whether to provide prevention and family 5
services and programs, or for the provision of those services and 6
programs, for a child determined to be a candidate for foster care.7
(11) Upon receiving a report of alleged abuse or neglect, the 8
department shall make reasonable efforts to learn the name, address, 9
and telephone number of each person making a report of abuse or 10
neglect under this section. The department shall provide assurances 11
of appropriate confidentiality of the identification of persons 12
reporting under this section. If the department is unable to learn 13
the information required under this subsection, the department shall 14
only investigate cases in which: 15
(a) The department believes there is a serious threat of 16
substantial harm to the child; 17
(b) The report indicates conduct involving a criminal offense 18
that has, or is about to occur, in which the child is the victim; or19
(c) The department has a prior founded report of abuse or neglect 20
with regard to a member of the household that is within three years 21
of receipt of the referral. 22
(12)(a) Upon receiving a report of alleged abuse or neglect, the 23
department shall use one of the following discrete responses to 24
reports of child abuse or neglect that are screened in and accepted 25
for departmental response: 26
(i) Investigation; or 27
(ii) Family assessment. 28
(b) In making the response in (a) of this subsection the 29
department shall: 30
(i) Use a method by which to assign cases to investigation or 31
family assessment which are based on an array of factors that may 32
include the presence of: Imminent danger, level of risk, number of 33
previous child abuse or neglect reports, or other presenting case 34
characteristics, such as the type of alleged maltreatment and the age 35
of the alleged victim. Age of the alleged victim shall not be used as 36
the sole criterion for determining case assignment;37
(ii) Allow for a change in response assignment based on new 38
information that alters risk or safety level; 39
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(iii) Allow families assigned to family assessment to choose to 1
receive an investigation rather than a family assessment;2
(iv) Provide a full investigation if a family refuses the initial 3
family assessment; 4
(v) Provide voluntary services to families based on the results 5
of the initial family assessment. If a family refuses voluntary 6
services, and the department cannot identify specific facts related 7
to risk or safety that warrant assignment to investigation under this 8
chapter, and there is not a history of reports of child abuse or 9
neglect related to the family, then the department must close the 10
family assessment response case. However, if at any time the 11
department identifies risk or safety factors that warrant an 12
investigation under this chapter, then the family assessment response 13
case must be reassigned to investigation; 14
(vi) Conduct an investigation, and not a family assessment, in 15
response to an allegation that, the department determines based on 16
the intake assessment: 17
(A) Indicates a child's health, safety, and welfare will be 18
seriously endangered if not taken into custody for reasons including, 19
but not limited to, sexual abuse and sexual exploitation of the child 20
as defined in this chapter; 21
(B) Poses a serious threat of substantial harm to a child;22
(C) Constitutes conduct involving a criminal offense that has, or 23
is about to occur, in which the child is the victim;24
(D) The child is an abandoned child as defined in RCW 13.34.030;25
(E) The child is an adjudicated dependent child as defined in RCW 26
13.34.030, or the child is in a facility that is licensed, operated, 27
or certified for care of children by the department under chapter 28
74.15 RCW. 29
(c) In addition, the department may use a family assessment 30
response to assess for and provide prevention and family services and 31
programs, as defined in RCW 26.44.020, for the following children and 32
their families, consistent with requirements under the federal family 33
first prevention services act and this section: 34
(i) A child who is a candidate for foster care, as defined in RCW 35
26.44.020; and 36
(ii) A child who is in foster care and who is pregnant, 37
parenting, or both. 38
(d) The department may not be held civilly liable for the 39
decision to respond to an allegation of child abuse or neglect by 40
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using the family assessment response under this section unless the 1
state or its officers, agents, or employees acted with reckless 2
disregard. 3
(13)(a) For reports of alleged abuse or neglect that are accepted 4
for investigation by the department, the investigation shall be 5
conducted within time frames established by the department in rule. 6
((In)) Except as provided in (c) of this subsection, in no case shall 7
the investigation extend longer than 90 days from the date the report 8
is received, unless the investigation is being conducted under a 9
written protocol pursuant to RCW 26.44.180 and a law enforcement 10
agency or prosecuting attorney has determined that a longer 11
investigation period is necessary. At the completion of the 12
investigation, the department shall make a finding that the report of 13
child abuse or neglect is founded or unfounded. 14
(b) If a court in a civil or criminal proceeding, considering the 15
same facts or circumstances as are contained in the report being 16
investigated by the department, makes a judicial finding by a 17
preponderance of the evidence or higher that the subject of the 18
pending investigation has abused or neglected the child, the 19
department shall adopt the finding in its investigation.20
(c) Beginning January 1, 2027, the department may continue to 21
work on a case beyond 90 days that: Is deemed high risk according to 22
assessment tools, involves children under the age of four, involves 23
the presence of high-potency synthetic opioids, and does not meet the 24
threshold for removal under RCW 13.34.050.25
(i) Cases that remain open longer than 90 days under this 26
subsection may not remain open for longer than nine months.27
(ii)(A) Beginning August 1, 2027, the department shall work with 28
stakeholders to develop policies regarding the appropriate length of 29
engagement, service interventions, and when and whether to file a 30
dependency petition.31
(B) Stakeholders for the department rule making under this 32
subsection include, but are not limited to, representatives from the 33
plan of safe care community pathway, peer navigators, behavioral 34
health navigators, parent allies, community-based organizations, 35
family resource centers, and community care hubs.36
(iii) Nothing in this subsection shall be construed as preventing 37
the department from filing a dependency petition when appropriate.38
(14) For reports of alleged abuse or neglect that are responded 39
to through family assessment response, the department shall:40
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(a) Provide the family with a written explanation of the 1
procedure for assessment of the child and the family and its 2
purposes; 3
(b) Collaborate with the family to identify family strengths, 4
resources, and service needs, and develop a service plan with the 5
goal of reducing risk of harm to the child and improving or restoring 6
family well-being; 7
(c) Complete the family assessment response within 45 days of 8
receiving the report except as follows: 9
(i) Upon parental agreement, the family assessment response 10
period may be extended up to 120 days. The department's extension of 11
the family assessment response period must be operated within the 12
department's appropriations; 13
(ii) For cases in which the department elects to use a family 14
assessment response as authorized under subsection (12)(c) of this 15
section, and upon agreement of the child's parent, legal guardian, 16
legal custodian, or relative placement, the family assessment 17
response period may be extended up to one year. The department's 18
extension of the family assessment response must be operated within 19
the department's appropriations; 20
(d) Offer services , including a referral to community-based 21
intensive home visiting programs, including home builders, where 22
available and appropriate, to the family in a manner that makes it 23
clear that acceptance of the services is voluntary;24
(e) Implement the family assessment response in a consistent and 25
cooperative manner; 26
(f) Have the parent or guardian agree to participate in services 27
before services are initiated. The department shall inform the 28
parents of their rights under family assessment response, all of 29
their options, and the options the department has if the parents do 30
not agree to participate in services. 31
(15)(a) In conducting an investigation or family assessment of 32
alleged abuse or neglect, the department or law enforcement agency:33
(i) May interview children. If the department determines that the 34
response to the allegation will be family assessment response, the 35
preferred practice is to request a parent's, guardian's, or 36
custodian's permission to interview the child before conducting the 37
child interview unless doing so would compromise the safety of the 38
child or the integrity of the assessment. The interviews may be 39
conducted on school premises, at day-care facilities, at the child's 40
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home, or at other suitable locations outside of the presence of 1
parents. If the allegation is investigated, parental notification of 2
the interview must occur at the earliest possible point in the 3
investigation that will not jeopardize the safety or protection of 4
the child or the course of the investigation. Prior to commencing the 5
interview the department or law enforcement agency shall determine 6
whether the child wishes a third party to be present for the 7
interview and, if so, shall make reasonable efforts to accommodate 8
the child's wishes. Unless the child objects, the department or law 9
enforcement agency shall make reasonable efforts to include a third 10
party in any interview so long as the presence of the third party 11
will not jeopardize the course of the investigation; and12
(ii) Shall have access to all relevant records of the child in 13
the possession of mandated reporters and their employees.14
(b) The Washington state school directors' association shall 15
adopt a model policy addressing protocols when an interview, as 16
authorized by this subsection, is conducted on school premises. In 17
formulating its policy, the association shall consult with the 18
department and the Washington association of sheriffs and police 19
chiefs. 20
(16) If a report of alleged abuse or neglect is founded and 21
constitutes the third founded report received by the department 22
within the last 12 months involving the same child or family, the 23
department shall promptly notify the office of the family and 24
children's ombuds of the contents of the report. The department shall 25
also notify the ombuds of the disposition of the report.26
(17) In investigating and responding to allegations of child 27
abuse and neglect, the department may conduct background checks as 28
authorized by state and federal law. 29
(18)(a) The department shall maintain investigation records and 30
conduct timely and periodic reviews of all founded cases of abuse and 31
neglect. The department shall maintain a log of screened-out 32
nonabusive cases. 33
(b) In the family assessment response, the department shall not 34
make a finding as to whether child abuse or neglect occurred. No one 35
shall be named as a perpetrator and no investigative finding shall be 36
entered in the department's child abuse or neglect database.37
(19) The department shall use a risk assessment process when 38
investigating alleged child abuse and neglect referrals. The 39
department shall present the risk factors at all hearings in which 40
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the placement of a dependent child is an issue. Substance abuse must 1
be a risk factor. 2
(20) Upon receipt of a report of alleged abuse or neglect the law 3
enforcement agency may arrange to interview the person making the 4
report and any collateral sources to determine if any malice is 5
involved in the reporting. 6
(21) Upon receiving a report of alleged abuse or neglect 7
involving a child under the court's jurisdiction under chapter 13.34 8
RCW, the department shall promptly notify the child's guardian ad 9
litem of the report's contents. The department shall also notify the 10
guardian ad litem of the disposition of the report. For purposes of 11
this subsection, "guardian ad litem" has the meaning provided in RCW 12
13.34.030. 13
(22) The department shall make efforts as soon as practicable to 14
determine the military status of parents whose children are subject 15
to abuse or neglect allegations. If the department determines that a 16
parent or guardian is in the military, the department shall notify a 17
department of defense family advocacy program that there is an 18
allegation of abuse and neglect that is screened in and open for 19
investigation that relates to that military parent or guardian.20
(23) The department shall make available on its public website a 21
downloadable and printable poster that includes the reporting 22
requirements included in this section. The poster must be no smaller 23
than 8.5 by 11 inches with all information on one side. The poster 24
must be made available in both the English and Spanish languages. 25
Organizations that include employees or volunteers subject to the 26
reporting requirements of this section must clearly display this 27
poster in a common area. At a minimum, this poster must include the 28
following: 29
(a) Who is required to report child abuse and neglect;30
(b) The standard of knowledge to justify a report;31
(c) The definition of reportable crimes; 32
(d) Where to report suspected child abuse and neglect; and33
(e) What should be included in a report and the appropriate 34
timing. 35
NEW SECTION. Sec. 2. (1) By November 15, 2029, and in 36
compliance with RCW 43.01.036, the office of the family and 37
children's ombuds shall provide a report to the legislature and 38
governor regarding the department of children, youth, and families 39
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work with children under the age of four where the case is open for 1
longer than 90 days and high-potency synthetic opioids are present as 2
described in RCW 26.44.030(13). At a minimum, the report must 3
include: 4
(a) The number of cases deemed to fall under the category 5
described in this subsection from January 1, 2027, through June 30, 6
2029; 7
(b) The types of referrals and services offered to families;8
(c) The length of time the cases were kept open by the department 9
of children, youth, and families; 10
(d) The number of cases that resulted in the filing of a 11
dependency petition; 12
(e) The number of cases that were subsequently closed with no 13
further contact from the department of children, youth, and families, 14
including no subsequent reports of child abuse or neglect to child 15
protective services; 16
(f) Recommendations to the legislature regarding keeping cases 17
open longer than 90 days that involve a child under the age of four 18
when high-potency synthetic opioids are present; and19
(g) Any additional information the ombuds deems useful.20
(2) This section expires April 1, 2030. 21
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