wa-law.org > bill > 2023-24 > HB 2447 > Original Bill
The legislature finds that since 2018 there has been a significant increase in the number of child fatalities and near fatalities involving fentanyl within 12 months of the family's involvement in the child welfare system in Washington.
The legislature finds that fentanyl and other highly potent synthetic opioids pose a unique and growing threat to the safety of children in Washington state. Fentanyl is a high potency synthetic opioid and, according to the centers for disease control and prevention, is 50 times more potent than heroin and 100 times more potent than morphine. Even in very small quantities high potency synthetic opioids may be lethal to a child.
The legislature finds that when a parent, guardian, or legal custodian's use of a high potency synthetic opioid, possession of a high potency synthetic opioid, or action creates a risk that a child will be harmed from exposure to, ingestion, inhalation, or contact with a high potency synthetic opioid, a child may be at risk of imminent physical harm.
The legislature intends to provide clarity to judges, social workers, advocates, and families and direct guidance about the safety threat that highly potent synthetic opioids pose to vulnerable children. The legislature declares that the presence or exposure of highly potent synthetic opioids should be given great weight in determining whether a child is at risk of imminent physical harm as a result of abuse or neglect.
The legislature recognizes the challenges for recovery and rehabilitation regarding opioid use and resolves to increase services and supports. The legislature further resolves to increase training and resources for state and judicial employees to accomplish their mission and goals in a safe and effective manner.
The court shall give great weight to the lethality of a high potency synthetic opioid when a parent, guardian, or legal custodian's use of a high potency synthetic opioid, possession of a high potency synthetic opioid, or action creates a risk that a child will be harmed from exposure to, ingestion, inhalation, or contact with a high potency synthetic opioid when determining:
Whether to issue an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody when a dependency petition is filed;
Whether placing or maintaining a child in shelter care is necessary to prevent imminent physical harm to a child;
Whether a parent, guardian, or legal custodian's participation in any prevention services would prevent or eliminate the need for the child's removal;
Whether a parent, guardian, or legal custodian is available to care for the child under RCW 13.34.130(6)(a); or
Whether a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home under RCW 13.34.130(6)(c).
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
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The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if: (i) A petition is filed with the juvenile court with sufficient corroborating evidence to establish that the child is dependent; (ii) the allegations contained in the petition, if true, establish that there are reasonable grounds to believe that removal is necessary to prevent imminent physical harm to the child due to child abuse or neglect; and (iii) an affidavit or declaration is filed by the department in support of the petition setting forth specific factual information evidencing insufficient time to serve a parent with a dependency petition and hold a hearing prior to removal.
The child abuse or neglect establishing the basis for a determination of imminent physical harm under (a) of this subsection may include, but is not limited to, child abuse or neglect resulting from:
Sexual abuse;
Sexual exploitation;
A high-potency synthetic opioid; or
A pattern of severe neglect.
The court shall give great weight to the lethality of high potency synthetic opioids according to section 101 of this act.
Any petition that does not have the necessary affidavit or declaration demonstrating a risk of imminent harm requires that the parents are provided notice and an opportunity to be heard before the order may be entered.
The petition and supporting documentation must be served on the parent, and if the child is in custody at the time the child is removed, on the entity with custody other than the parent. If the court orders that a child be taken into custody under subsection (1) of this section, the petition and supporting documentation must be served on the parent at the time of the child's removal unless, after diligent efforts, the parents cannot be located at the time of removal. If the parent is not served at the time of removal, the department shall make diligent efforts to personally serve the parent. Failure to effect service does not invalidate the petition if service was attempted and the parent could not be found.
(1)(a) When a child is removed or when the petitioner is seeking the removal of a child from the child's parent, guardian, or legal custodian, the court shall hold a shelter care hearing within 72 hours, excluding Saturdays, Sundays, and holidays. The primary purpose of the shelter care hearing is to determine whether the child can be immediately and safely returned home while the adjudication of the dependency is pending. The court shall hold an additional shelter care hearing within 72 hours, excluding Saturdays, Sundays, and holidays if the child is removed from the care of a parent, guardian, or legal custodian at any time after an initial shelter care hearing under this section.
If, after a fact-finding hearing pursuant to RCW 13.34.110, it has been proven by a preponderance of the evidence that the child is dependent within the meaning of RCW 13.34.030 after consideration of the social study prepared pursuant to RCW 13.34.110 and after a disposition hearing has been held pursuant to RCW 13.34.110, the court shall enter an order of disposition pursuant to this section.
The court shall order one of the following dispositions of the case:
Order a disposition that maintains the child in his or her home, which shall provide a program designed to alleviate the immediate danger to the child, to mitigate or cure any damage the child has already suffered, and to aid the parents so that the child will not be endangered in the future. In determining the disposition, the court should choose services to assist the parents in maintaining the child in the home, including housing assistance, if appropriate, that least interfere with family autonomy and are adequate to protect the child.
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Order the child to be removed from his or her home and into the custody, control, and care of a relative or other suitable person, the department, or agency responsible for supervision of the child's placement. If the court orders that the child be placed with a caregiver over the objections of the parent or the department, the court shall articulate, on the record, his or her reasons for ordering the placement. The court may not order an Indian child, as defined in RCW 13.38.040, to be removed from his or her home unless the court finds, by clear and convincing evidence including testimony of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
The department has the authority to place the child, subject to review and approval by the court (A) with a relative as defined in RCW 74.15.020(2)(a), (B) in the home of another suitable person if the child or family has a preexisting relationship with that person, and the person has completed all required criminal history background checks and otherwise appears to the department to be suitable and competent to provide care for the child, or (C) in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW.
The department may also consider placing the child, subject to review and approval by the court, with a person with whom the child's sibling or half-sibling is residing or a person who has adopted the sibling or half‑sibling of the child being placed as long as the person has completed all required criminal history background checks and otherwise appears to the department to be competent to provide care for the child.
Absent good cause, the department shall follow the wishes of the natural parent regarding the placement of the child in accordance with RCW 13.34.260.
The department may only place a child with a person not related to the child as defined in RCW 74.15.020(2)(a), including a placement provided for in subsection (1)(b)(iii) of this section, when the court finds that such placement is in the best interest of the child. Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that efforts to reunite the parent and child will be hindered, the child shall be placed with a person who is willing, appropriate, and available to care for the child, and who is: (I) Related to the child as defined in RCW 74.15.020(2)(a) with whom the child has a relationship and is comfortable; or (II) a suitable person as described in subsection (1)(b) of this section. The court shall consider the child's existing relationships and attachments when determining placement.
If the child is placed in a qualified residential treatment program as defined in this chapter, the court shall, within sixty days of placement, hold a hearing to:
Consider the assessment required under RCW 13.34.420 and submitted as part of the department's social study, and any related documentation;
Determine whether placement in foster care can meet the child's needs or if placement in another available placement setting best meets the child's needs in the least restrictive environment; and
Approve or disapprove the child's placement in the qualified residential treatment program.
When placing an Indian child in out-of-home care, the department shall follow the placement preference characteristics in RCW 13.38.180.
Placement of the child with a relative or other suitable person as described in subsection (1)(b) of this section shall be given preference by the court. An order for out-of-home placement may be made only if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home, specifying the services, including housing assistance, that have been provided to the child and the child's parent, guardian, or legal custodian, and that prevention services have been offered or provided and have failed to prevent the need for out-of-home placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that:
Subject to the requirements of section 101 of this act, there is no parent or guardian available to care for such child;
The parent, guardian, or legal custodian is not willing to take custody of the child; or
Subject to the requirements of section 101 of this act, the court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger.
If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court shall consider whether it is in a child's best interest to be placed with, have contact with, or have visits with siblings.
There shall be a presumption that such placement, contact, or visits are in the best interests of the child provided that:
The court has jurisdiction over all siblings subject to the order of placement, contact, or visitation pursuant to petitions filed under this chapter or the parents of a child for whom there is no jurisdiction are willing to agree; and
There is no reasonable cause to believe that the health, safety, or welfare of any child subject to the order of placement, contact, or visitation would be jeopardized or that efforts to reunite the parent and child would be hindered by such placement, contact, or visitation. In no event shall parental visitation time be reduced in order to provide sibling visitation.
The court may also order placement, contact, or visitation of a child with a stepbrother or stepsister provided that in addition to the factors in (a) of this subsection, the child has a relationship and is comfortable with the stepsibling.
If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section and placed into nonparental or nonrelative care, the court shall order a placement that allows the child to remain in the same school he or she attended prior to the initiation of the dependency proceeding when such a placement is practical and in the child's best interest.
If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the requirements of RCW 13.34.132 are met.
If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative or other suitable person, the child shall remain in foster care and the court shall direct the department to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days. However, if such relative or other person appears otherwise suitable and competent to provide care and treatment, the criminal history background check need not be completed before placement, but as soon as possible after placement. Any placements with relatives or other suitable persons, pursuant to this section, shall be contingent upon cooperation by the relative or other suitable person with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposed by the court. Noncompliance with the case plan or court order shall be grounds for removal of the child from the relative's or other suitable person's home, subject to review by the court.
Except as provided in RCW 26.44.030(12), upon the receipt of a report alleging that abuse or neglect has occurred, the law enforcement agency or the department must investigate and provide the protective services section with a report in accordance with chapter 74.13 RCW, and where necessary to refer such report to the court.
A law enforcement officer may take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that taking the child into custody is necessary to prevent imminent physical harm to the child due to child abuse or neglect and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. The law enforcement agency or the department investigating such a report is hereby authorized to photograph such a child for the purpose of providing documentary evidence of the physical condition of the child.
The child abuse or neglect establishing the basis for a determination of imminent physical harm under subsection (2) of this section may include, but is not limited to, child abuse or neglect resulting from:
Sexual abuse;
Sexual exploitation;
A high-potency synthetic opioid; or
A pattern of severe neglect.
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An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if there is probable cause to believe that detaining the child is necessary to prevent imminent physical harm to the child due to child abuse or neglect and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order under RCW 13.34.050: PROVIDED, That such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or child protective services pursuant to RCW 26.44.040. Such notification shall be made as soon as possible and in no case longer than 72 hours. Such temporary protective custody by an administrator or doctor shall not be deemed an arrest. Child protective services may detain the child until the court assumes custody, but in no case longer than 72 hours, excluding Saturdays, Sundays, and holidays.
The child abuse or neglect establishing the basis for a determination of imminent physical harm under (a) of this subsection may include, but is not limited to, child abuse or neglect resulting from:
Sexual abuse;
Sexual exploitation;
A high-potency synthetic opioid; or
A pattern of severe neglect.
A child protective services employee, an administrator, doctor, or law enforcement officer shall not be held liable in any civil action for the decision for taking the child into custody, if done in good faith under this section.
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When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of children, youth, and families, licensed or certified child care providers or their employees, employee of the department of social and health services, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, state family and children's ombuds or any volunteer in the ombuds' office, or host home program has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
When any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency, provided that the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service. No one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in RCW 5.60.060.
Nothing in this subsection (1)(b) shall limit a person's duty to report under (a) of this subsection.
For the purposes of this subsection, the following definitions apply:
i. "Official supervisory capacity" means a position, status, or role created, recognized, or designated by any nonprofit or for-profit organization, either for financial gain or without financial gain, whose scope includes, but is not limited to, overseeing, directing, or managing another person who is employed by, contracted by, or volunteers with the nonprofit or for-profit organization.
ii. "Organization" includes a sole proprietor, partnership, corporation, limited liability company, trust, association, financial institution, governmental entity, other than the federal government, and any other individual or group engaged in a trade, occupation, enterprise, governmental function, charitable function, or similar activity in this state whether or not the entity is operated as a nonprofit or for-profit entity.
iii. "Reasonable cause" means a person witnesses or receives a credible written or oral report alleging abuse, including sexual contact, or neglect of a child.
iv. "Regularly exercises supervisory authority" means to act in his or her official supervisory capacity on an ongoing or continuing basis with regards to a particular person.
v. "Sexual contact" has the same meaning as in RCW 9A.44.010.
c. The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact. If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
d. The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling; or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.
e. The reporting requirement also applies to guardians ad litem, including court-appointed special advocates, appointed under Titles 11 and 13 RCW and this title, who in the course of their representation of children in these actions have reasonable cause to believe a child has been abused or neglected.
f. The reporting requirement in (a) of this subsection also applies to administrative and academic or athletic department employees, including student employees, of institutions of higher education, as defined in RCW 28B.10.016, and of private institutions of higher education.
g. The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect. The report must include the identity of the accused if known.
The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.
Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency, including military law enforcement, if appropriate. In emergency cases, where the child's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department. In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department. If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter.
Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed. The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.
Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.
The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services. Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.
Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.
Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.
Upon receiving a report that a child is a candidate for foster care as defined in RCW 26.44.020, the department may provide prevention and family services and programs to the child's parents, guardian, or caregiver. The department may not be held civilly liable for the decision regarding whether to provide prevention and family services and programs, or for the provision of those services and programs, for a child determined to be a candidate for foster care.
Upon receiving a report of alleged abuse or neglect, the department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under this section. If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which:
The department believes there is a serious threat of substantial harm to the child;
The report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim; or
The department has a prior founded report of abuse or neglect with regard to a member of the household that is within three years of receipt of the referral.
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Upon receiving a report of alleged abuse or neglect, the department shall use one of the following discrete responses to reports of child abuse or neglect that are screened in and accepted for departmental response:
Investigation; or
Family assessment.
In making the response in (a) of this subsection the department shall:
Use a method by which to assign cases to investigation or family assessment which are based on an array of factors that may include the presence of: Imminent danger, level of risk, number of previous child abuse or neglect reports, or other presenting case characteristics, such as the type of alleged maltreatment and the age of the alleged victim. Age of the alleged victim shall not be used as the sole criterion for determining case assignment;
Allow for a change in response assignment based on new information that alters risk or safety level;
Allow families assigned to family assessment to choose to receive an investigation rather than a family assessment;
Provide a full investigation if a family refuses the initial family assessment;
Provide voluntary services to families based on the results of the initial family assessment. If a family refuses voluntary services, and the department cannot identify specific facts related to risk or safety that warrant assignment to investigation under this chapter, and there is not a history of reports of child abuse or neglect related to the family, then the department must close the family assessment response case. However, if at any time the department identifies risk or safety factors that warrant an investigation under this chapter, then the family assessment response case must be reassigned to investigation;
(A) Indicates a child's health, safety, and welfare will be seriously endangered if not taken into custody for reasons including, but not limited to, sexual abuse and sexual exploitation of the child as defined in this chapter;
(B) Poses a serious threat of substantial harm to a child;
(C) Constitutes conduct involving a criminal offense that has, or is about to occur, in which the child is the victim;
(D) The child is an abandoned child as defined in RCW 13.34.030;
(E) The child is an adjudicated dependent child as defined in RCW 13.34.030, or the child is in a facility that is licensed, operated, or certified for care of children by the department under chapter 74.15 RCW.
c. In addition, the department may use a family assessment response to assess for and provide prevention and family services and programs, as defined in RCW 26.44.020, for the following children and their families, consistent with requirements under the federal family first prevention services act and this section:
i. A child who is a candidate for foster care, as defined in RCW 26.44.020; and
ii. A child who is in foster care and who is pregnant, parenting, or both.
d. The department may not be held civilly liable for the decision to respond to an allegation of child abuse or neglect by using the family assessment response under this section unless the state or its officers, agents, or employees acted with reckless disregard.
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For reports of alleged abuse or neglect that are accepted for investigation by the department, the investigation shall be conducted within time frames established by the department in rule. In no case shall the investigation extend longer than ninety days from the date the report is received, unless the investigation is being conducted under a written protocol pursuant to RCW 26.44.180 and a law enforcement agency or prosecuting attorney has determined that a longer investigation period is necessary. At the completion of the investigation, the department shall make a finding that the report of child abuse or neglect is founded or unfounded.
If a court in a civil or criminal proceeding, considering the same facts or circumstances as are contained in the report being investigated by the department, makes a judicial finding by a preponderance of the evidence or higher that the subject of the pending investigation has abused or neglected the child, the department shall adopt the finding in its investigation.
For reports of alleged abuse or neglect that are responded to through family assessment response, the department shall:
Provide the family with a written explanation of the procedure for assessment of the child and the family and its purposes;
Collaborate with the family to identify family strengths, resources, and service needs, and develop a service plan with the goal of reducing risk of harm to the child and improving or restoring family well-being;
Complete the family assessment response within forty-five days of receiving the report except as follows:
Upon parental agreement, the family assessment response period may be extended up to one hundred twenty days. The department's extension of the family assessment response period must be operated within the department's appropriations;
For cases in which the department elects to use a family assessment response as authorized under subsection (12)(c) of this section, and upon agreement of the child's parent, legal guardian, legal custodian, or relative placement, the family assessment response period may be extended up to one year. The department's extension of the family assessment response must be operated within the department's appropriations.
Offer services to the family in a manner that makes it clear that acceptance of the services is voluntary;
Implement the family assessment response in a consistent and cooperative manner;
Have the parent or guardian agree to participate in services before services are initiated. The department shall inform the parents of their rights under family assessment response, all of their options, and the options the department has if the parents do not agree to participate in services.
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In conducting an investigation or family assessment of alleged abuse or neglect, the department or law enforcement agency:
May interview children. If the department determines that the response to the allegation will be family assessment response, the preferred practice is to request a parent's, guardian's, or custodian's permission to interview the child before conducting the child interview unless doing so would compromise the safety of the child or the integrity of the assessment. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents. If the allegation is investigated, parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes. Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation; and
Shall have access to all relevant records of the child in the possession of mandated reporters and their employees.
The Washington state school directors' association shall adopt a model policy addressing protocols when an interview, as authorized by this subsection, is conducted on school premises. In formulating its policy, the association shall consult with the department and the Washington association of sheriffs and police chiefs.
If a report of alleged abuse or neglect is founded and constitutes the third founded report received by the department within the last twelve months involving the same child or family, the department shall promptly notify the office of the family and children's ombuds of the contents of the report. The department shall also notify the ombuds of the disposition of the report.
In investigating and responding to allegations of child abuse and neglect, the department may conduct background checks as authorized by state and federal law.
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The department shall maintain investigation records and conduct timely and periodic reviews of all founded cases of abuse and neglect. The department shall maintain a log of screened-out nonabusive cases.
In the family assessment response, the department shall not make a finding as to whether child abuse or neglect occurred. No one shall be named as a perpetrator and no investigative finding shall be entered in the department's child abuse or neglect database.
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The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals. The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue. Substance abuse must be a risk factor.
The department shall also make available to department staff high-potency synthetic opioid testing strips that can detect the presence of high-potency synthetic opioids that may be used when investigating alleged child abuse and neglect referrals and otherwise as appropriate.
Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.
Upon receiving a report of alleged abuse or neglect involving a child under the court's jurisdiction under chapter 13.34 RCW, the department shall promptly notify the child's guardian ad litem of the report's contents. The department shall also notify the guardian ad litem of the disposition of the report. For purposes of this subsection, "guardian ad litem" has the meaning provided in RCW 13.34.030.
The department shall make efforts as soon as practicable to determine the military status of parents whose children are subject to abuse or neglect allegations. If the department determines that a parent or guardian is in the military, the department shall notify a department of defense family advocacy program that there is an allegation of abuse and neglect that is screened in and open for investigation that relates to that military parent or guardian.
The department shall make available on its public website a downloadable and printable poster that includes the reporting requirements included in this section. The poster must be no smaller than eight and one-half by eleven inches with all information on one side. The poster must be made available in both the English and Spanish languages. Organizations that include employees or volunteers subject to the reporting requirements of this section must clearly display this poster in a common area. At a minimum, this poster must include the following:
Who is required to report child abuse and neglect;
The standard of knowledge to justify a report;
The definition of reportable crimes;
Where to report suspected child abuse and neglect; and
What should be included in a report and the appropriate timing.
A superior court may apply for grants from the family and juvenile court improvement grant program by submitting a local improvement plan with the administrator for the courts. To be eligible for grant funds, a superior court's local improvement plan must meet the criteria developed by the administrator for the courts and approved by the board for judicial administration. The criteria must be consistent with the principles adopted for unified family courts. At a minimum, the criteria must require that the court's local improvement plan meet the following requirements:
Commit to a chief judge assignment to the family and juvenile court for a minimum of two years;
Implementation of the principle of one judicial team hearing all of the proceedings in a case involving one family, especially in dependency cases;
Require court commissioners and judges assigned to family and juvenile court to receive a minimum of thirty hours specialized training in topics related to family and juvenile matters within six months of assuming duties in family and juvenile court. Where possible, courts should utilize local, statewide, and national training forums. A judicial officer's recorded educational history may be applied toward the thirty‑hour requirement. The topics for training must include:
Parentage;
Adoption;
Domestic relations;
Dependency and termination of parental rights;
Child development;
The impact of child abuse and neglect;
Domestic violence;
Substance abuse;
ix. Mental health;
Juvenile offenders;
Self-representation issues;
Cultural competency;
Roles of family and juvenile court judges and commissioners;
The risk and danger presented to children and youth by high-potency synthetic opioids;
Policies and procedures of the department of children, youth, and families regarding safety and service planning including the differences between safety plans and service plans; and
The legal standards for removal of a child based on abuse or neglect; and
As part of the application for grant funds, submit a spending proposal detailing how the superior court would use the grant funds.
Courts receiving grant money must use the funds to improve and support family and juvenile court operations based on standards developed by the administrator for the courts and approved by the board for judicial administration. The standards may allow courts to use the funds to:
Pay for family and juvenile court training of commissioners and judges or pay for pro tem commissioners and judges to assist the court while the commissioners and judges receive training;
Pay for the training of other professionals involved in child welfare court proceedings including, but not limited to, attorneys and guardians ad litem;
Increase judicial and nonjudicial staff, including administrative staff to improve case coordination and referrals in family and juvenile cases, guardian ad litem volunteers or court‑appointed special advocates, security, and other staff;
Improve the court facility to better meet the needs of children and families;
Improve referral and treatment options for court participants, including enhancing court facilitator programs and family treatment court and increasing the availability of alternative dispute resolution;
Enhance existing family and children support services funded by the courts and expand access to social service programs for families and children ordered by the court; and
Improve or support family and juvenile court operations in any other way deemed appropriate by the administrator for the courts.
The administrator for the courts shall allocate available grant moneys based upon the needs of the court as expressed in their local improvement plan.
Money received by the superior court under this program must be used to supplement, not supplant, any other local, state, and federal funds for the court.
Upon receipt of grant funds, the superior court shall submit to the administrator for the courts a spending plan detailing the use of funds. At the end of the fiscal year, the superior court shall submit to the administrator for the courts a financial report comparing the spending plan to actual expenditures. The administrator for the courts shall compile the financial reports and submit them to the appropriate committees of the legislature.
Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a pilot program for contracted child care slots for infants in child protective services in locales with the historically highest rates of child welfare screened-in intake due to the exposure or presence of high-potency synthetic opioids in the home, which may be used as part of a safety plan.
Home visiting established by RCW 43.216.130 has been shown to enhance child development and well-being by reducing the incidence of child abuse and neglect, promoting connection to community-based supports, and increasing school readiness for young children and their families.
Subject to the availability of amounts appropriated for this specific purpose, the department shall enter into targeted contracts with existing home visiting programs established by RCW 43.216.130 in locales with the historically highest rates of child welfare screened-in intake to serve up to 150 families.
Targeted contracted home visiting slots for families experiencing high-potency synthetic opioid-related substance use disorder promotes expedited access to supports that enhance strengthened parenting skills and allows home visiting providers to have predictable funding. Any targeted contracted slots the department creates under this section must meet the requirements as provided for in this act.
Only existing home visiting providers are eligible to be awarded targeted contracted slots. The targeted contracted slots are reserved for programs in locales with the historically highest rates of child welfare screened-in intakes.
The department shall provide training specific to substance use disorders for the home visiting providers selected for this program.
Families referred to home visiting services via the process established in subsection (8) of this section must be contacted by the contracted program within seven days of referral.
The department shall award the contracted slots via a competitive process. The department shall pay providers for each targeted contracted slot using the rate established by the department.
Eligible families shall be referred to the targeted contracted slots through a referral process developed by the department. The referral process shall include referrals from the department's child welfare staff as well as community organizations working with families meeting the criteria established in subsection (9) of this section.
Priority for targeted contracted home visiting slots shall be given to:
Families with child protective services open cases;
Families with family assessment response open cases; and
Families with family voluntary services open cases.
Subject to the availability of amounts appropriated for this specific purpose, the department shall implement and maintain a program that provides support to child welfare workers from public health nurses. The support provided by public health nurses under this section must include supporting child welfare workers in:
Engaging and communicating with families about the risks of high-potency synthetic opioids and child health and safety practices;
Developing standardized risk assessment procedures related to high-potency synthetic opioids; and
Determining the level of risk presented to a child or children in specific cases.
Subject to the availability of amounts appropriated for this specific purpose, the authority shall establish a substance use disorder inpatient program that specializes in treating pregnant and parenting women using a family preservation model.
The authority shall contract for the services authorized in this section with behavioral health entities in a manner that allows leveraging of federal medicaid funds to pay for a portion of the costs. Funding provided under this section may be used for documented start-up costs including the recruitment, hiring, and training of staff.
The authority shall consult with the department of children, youth, and families in the implementation of the program and services authorized under this section.
Entities contracted to provide services authorized in subsection (1) of this section must allow families to reside together while a parent is receiving treatment.
Subject to the availability of amounts appropriated for this specific purpose, the authority shall expand specific treatment and services to children and youth with prenatal substance exposure who would benefit from evidence-based services impacting their behavioral and physical health.
The authority shall contract for the services authorized in this section with behavioral health entities in a manner that allows leveraging of federal medicaid funds to pay for a portion of the costs.
The authority shall consult with the department of children, youth, and families in the implementation of the program and services authorized under this section.
Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a grant program that provides grant funding to a nonprofit organization to provide supports, including behavioral health resources, housing services, and parenting education, to parents with substance use disorders in order to reduce the need for foster care placement or to shorten the time that children remain in out-of-home care when placement is necessary. The grant recipient must be a nonprofit organization that provides a parent-child assistance program and focuses on building parenting skills and confidence to ensure children have safe and healthy childhoods.
Subject to the availability of amounts appropriated for this specific purpose, four legal liaison positions shall be established within the department to work with both the department and the office of the attorney general for the purpose of assisting with the preparation of child abuse and neglect court cases.
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The workload of the legal liaisons shall be geographically divided to reflect where the highest risk and most vulnerable child abuse and neglect cases are filed.
For the purpose of this subsection, "highest risk" and "most vulnerable" are determined by the age of the child and whether the child is particularly vulnerable given the child's medical or developmental conditions.
The department may determine the necessary qualifications for the legal liaison positions established in this section.
Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a pilot program to include third-party safety plan participants and public health nurses in child protective services safety planning. The pilot program established in this section must:
Include contracts in up to four department offices for third-party safety plan participants and public health nurses to support child protective services workers in safety planning; and
Provide support for cases involving high-potency synthetic opioids in families who do not have natural supports to aid in safety planning.