wa-law.org > bill > 2023-24 > SB 6109 > Substitute Bill
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. The legislature finds that since 2018 there has been a significant increase in the number of child fatalities involving fentanyl within 12 months of the family's involvement in the child welfare system. The legislature further finds that state action is necessary to prevent critical incidents and death of vulnerable children in the wake of the fentanyl epidemic statewide.
The legislature recognizes that Engrossed Second Substitute House Bill No. 1227 was enacted in 2021 and took full effect July 1, 2023. In enacting Engrossed Second Substitute House Bill No. 1227, the legislature stated that it found that children and families are better served when the state provides support to allow children to be cared for by loved ones and in their own communities. The legislature renews and reaffirms this intent and also recognizes the unprecedented risk of fatality to children posed by the presence or exposure to fentanyl and other highly potent synthetic opioids. The legislature finds that even in very small quantities, high-potency synthetic opioids may be lethal to a child.
The legislature intends to provide clarity to judges, social workers, advocates, and families and direct guidance about the risk of lethality that high-potency synthetic opioids pose to children. The legislature declares that endangerment with high-potency synthetic opioids may necessitate removal of a child to prevent imminent physical harm due to child 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.
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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 pattern of severe neglect; or
Endangerment with high-potency synthetic opioids. Endangerment with high-potency synthetic opioids occurs when a parent, guardian, or legal custodian knowingly or intentionally creates a risk that a child will be harmed from exposure, ingestion, inhalation, or contact with high-potency synthetic opioids. When evaluating whether endangerment with high-potency synthetic opioids necessitates removal of the child to prevent imminent physical harm due to child abuse or neglect, the court shall consider at a minimum the following factors:
(A) Public health guidelines and best practices;
(B) Age of the child or children in the home; and
(C) Whether the child is particularly vulnerable given the child's medical or developmental conditions.
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.
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 pattern of severe neglect; or
Endangerment with high-potency synthetic opioids as described in RCW 13.34.050.
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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 pattern of severe neglect; or
Endangerment with high-potency synthetic opioids as described in RCW 13.34.050.
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.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
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.
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; and
The legal standards for removal of a child pursuant to RCW 13.34.065 and 13.34.130; 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.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A child welfare worker who is required to respond to a private home or other private location to provide services to, monitor, or investigate a family may make a request to their supervisor to be accompanied by a second trained individual when the child welfare worker has concerns that violence could occur based on a family member's history of violence.
When a request is made under subsection (1) of this section, the department shall arrange for a second trained individual to accompany the child welfare worker unless it is not possible to fulfill the request under the circumstances.
The second trained individual that may accompany a child welfare worker under this section may be:
A law enforcement officer;
A mental health professional;
A first responder, such as a firefighter or emergency medical personnel;
A public health nurse; or
An employee of the department who is trained as a child welfare worker and acts in a supervisory capacity with respect to other child welfare workers.
No retaliation may be taken against a child welfare worker for requesting that a second trained individual accompany them in providing services to, monitoring, or investigating a family.
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 historically high rates of child welfare screened-in intake where parental substance use disorder was a factor in the case.
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 establish a pilot program to connect pregnant people with high-potency synthetic opioid-related substance use disorders in screened-out referrals to community-based resources and supports. This pilot program shall offer voluntary prevention services aimed at reducing child placements in out-of-home care. The department shall implement this pilot program in at least eight counties.
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; 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 authorized under this section.
Entities contracted to provide services authorized in 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, 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 dependency court cases involving allegations of high-potency synthetic opioids.
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The workload of the legal liaisons shall be geographically divided to reflect where the highest risk and most vulnerable high-potency synthetic opioid-related 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.