wa-law.org > bill > 2025-26 > SB 5979 > Original Bill
The legislature finds that in November 2025, the department of children, youth, and families reported there was a combined total of 45 critical incidents involving children in 2025. Additionally, 24 opioid-related critical incidents occurred, compromising 53 percent of all critical incidents. The legislature further finds that since 2020 there has been a precipitous rise in both critical incidents and critical incidents involving high-potency synthetic opioids, such as fentanyl.
The legislature further finds that also in 2025, the office of the family and children's ombuds published its annual critical incident report. In that report the ombuds observed during critical incident reviews, the department of children, youth, and families appeared to erroneously apply the same standard for seeking removal as for filing a dependency. In addition, the ombuds noted the general practice of the department was to only file dependencies when seeking removal of a child.
The ombuds further recommended the expansion of dependencies as an effective tool for engaging families and providing ongoing services, support, and protective supervision. The legislature agrees with the ombuds' recommendations and finds that the department of children, youth, and families should coordinate with judicial officers, court administrators, child welfare professionals, and parents to develop policies and guidelines on the strategic use of dependencies to improve Washington's response to the growing number of opioid and fentanyl-related child fatalities and near fatalities.
Any person may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a dependent child and requesting that the superior court deal with such child as provided in this chapter. There shall be no fee for filing such petitions.
Except where the department is the petitioner, in counties having paid probation officers, these officers shall, to the extent possible, first determine if a petition is reasonably justifiable.
Every petition filed in proceedings under this chapter shall contain a statement alleging whether there is a reason to know that the child is or may be an Indian child as defined in RCW 13.38.040. If there is a reason to know that the child is or may be an Indian child chapter 13.38 RCW shall apply.
Every order or decree entered under this chapter shall contain a finding that the federal Indian child welfare act or chapter 13.38 RCW does or does not apply. Where there is a finding that the federal Indian child welfare act or chapter 13.38 RCW does apply, the decree or order must also contain a finding that all notice requirements and evidentiary requirements under the federal Indian child welfare act and chapter 13.38 RCW have been satisfied.
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Each petition shall be verified and contain a statement constituting a dependency, including the names, residence, and contact information, if known to the petitioner, of each parent, guardian, or custodian of the alleged dependent child. If the petitioner is seeking removal of the child from a parent, guardian, or custodian the petition shall contain a clear and specific statement as to the harm that will occur if the child remains in the care of the parent, guardian, or custodian, and the facts that support that conclusion.
If the petitioner is not seeking removal of the child from a parent, guardian, or custodian, the petition shall contain a clear and specific statement as to the harm that will occur if the child or family does not receive court-ordered services, and the facts that support that conclusion.
The department shall establish policies for the initiation of dependency proceedings, giving great weight to the presence of high-potency synthetic opioids; the lack of a parent, guardian, or custodian capable of adequately caring for a child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; and a parent's substance abuse as evidence of negligent treatment or maltreatment under RCW 26.44.020(20); and the amount and frequency of prior referrals within the preceding five years.
Unless otherwise required by law, nothing shall preclude the department from initiating a dependency proceeding where a child is dependent as defined in RCW 13.34.030(6).
The department shall engage judicial officers, court administrators, child welfare professionals, and parents impacted by the child welfare system, to develop practice guidelines and training focused on the use of in-home dependencies as an option to provide ongoing services, support, and protective supervision in: (a) Situations where a child is not at risk of imminent physical harm, but the circumstances pose a danger of substantial damage to the child's psychological or physical development; (b) situations where a child is abused or neglected, as defined in RCW 26.44.020, by a person legally responsible for the care of the child; (c) situations where substance use or mental health issues, by a person legally responsible for the child, may otherwise not fit the mandatory time limits of a child protective services investigation or family assessment response; and (d) repeated or frequent prior referrals.
The department shall engage judicial officers, court administrators, child welfare professionals, and parents impacted by the child welfare system, to develop practice guidelines and training focused on removing children from in-home dependencies when the immediate danger to a child is not mitigated after a disposition under RCW 13.34.130(1)(a). The department shall place great weight on the presence of high-potency synthetic opioids in the child's placement.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.