Removal of a Child from a Parent.

There are three methods that allow a child to be removed from a parent, guardian, or legal custodian, including:

• pursuant to a court order directing that a child be taken into custody;
• by a physician or hospital; and 
• by law enforcement.
  .

A court may enter an order directing that a child be taken into custody if:

• a petition is filed with sufficient corroborating evidence to establish that the child is "dependent;" 
• the allegation 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
• an affidavit or declaration is filed by the DCYF in support of the petition setting forth specific factual information evidencing insufficient time to hold a hearing before removal.

A hospital, physician, and law enforcement may detain a child if there is probable cause to believe that detaining the child is necessary to prevent imminent physical harm due to child abuse or neglect. 

Child Welfare (Dependency) Court Proceedings.

Anyone, including the Department of Children, Youth, and Families (DCYF), may file a petition in court alleging that a child should be a dependent of the state due to: abandonment; abuse or neglect, or; because there is no parent, guardian, or custodian capable of adequately caring for the child.  These petitions must be verified and contain a statement of facts that constitute a dependency and the names and residence of the parents, if known.
 
When a child is taken into custody, the court is to hold a shelter care hearing within 72 hours.  The primary purpose of the shelter care hearing is to determine whether the child can be immediately and safely returned home while the dependency case is being resolved.
 
If a court finds the need to maintain a child out of the home, the shelter care status remains until a dependency fact-finding hearing is held or the parties enter an agreed order of dependency.  The fact finding must be held within 75 days after the filing of the petition, unless exceptional reasons for a continuance are found.
 
If a court determines that a child is dependent, the court will hold a dispositional hearing to determine whether the child may remain in the home or be removed from the home and be cared for by a relative, other suitable person, or the DCYF.  The child may only be placed out of the parent's care if the court finds that reasonable efforts have been made to prevent or eliminate the need for removal, that prevention services have been offered or provided, and that:

• there is no parent or guardian available to care for the child;
• the parent, guardian, or custodian is not willing to take custody of the child; or
• the court finds by clear, cogent, and convincing evidence that a manifest danger exists and the child will suffer serious abuse or neglect if the child is not removed from the home.

Following a fact-finding and dispositional hearing, the court will conduct periodic reviews and make determinations regarding the child's placement, the provision of services by the DCYF, compliance of the parents, and whether progress has been made by the parents.
 
The DCYF must develop a permanency plan within 60 days from the date that the DCYF assumes responsibility for the child which must identify primary outcome goals for the case.  The DCYF must submit this permanency plan to the parties and the court at least 14 days before a permanency planning court hearing.  A permanency planning hearing must be held in all cases where the child has remained in out-of-home care for at least nine months, but no later than 12 months following out of home placement.
 
If the court orders a child returned home during a dependency proceeding, casework supervision by the DCYF must continue for at least six months, at which time a review hearing shall be held and the court shall determine the need for continued intervention. 
 
Under certain circumstances after a child has been removed from the custody of a parent for at least six months pursuant to a finding of dependency, a petition may be filed seeking termination of parental rights.  The court must order the DCYF to file a petition seeking termination of parental rights if the child has been in out-of-home care for 15 of the last 22 months since the date the dependency petition was filed unless the court makes a good cause exception as to why the filing of a termination of parental rights petition is not appropriate. 

Family and Juvenile Court Improvement Grant Program.

A superior court may apply for grants from the Family and Juvenile Court Improvement Grant Program (Grant Program) by submitting a local improvement plan with the Administrative Office of the Courts (AOC). To be eligible for grant funds, a superior court's local improvement plan must meet the criteria developed by the AOC and approved by the board for judicial administration. 

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; and
• submit a spending proposal.

The Grant Program was established in 2008 and there are currently 10 counties that receive funding through the program including Chelan, Clallam, Island, Jefferson, King, Kitsap, Pierce, Snohomish, Spokane, and Thurston.

Child Welfare Process.

A court must 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 a pickup order;
• 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 or whether a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home during a dispositional hearing.

The child abuse or neglect establishing the basis for a determination of imminent physical harm during a request for a pick up order, law enforcement removal, and hospital hold may include, but is not limited to, child abuse or neglect resulting from a high-potency synthetic opioid.

The Department of Children, Youth, and Families (DCYF) must make available to staff high-potency synthetic opioid testing strips.

Judicial Training.
The list of topics that must be included in the required judicial training for family and juvenile court improvement grant recipients are expanded to include:

• the risk and danger presented to children by high potency synthetic opioids;
• policies and procedures of the DCYF 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.

Services.

The DCYF must establish a pilot program for contracted childcare slots for infants in child protective services in places with the historically highest rates of child welfare screened-in intake due to exposure or presence of high potency synthetic opioids in the home.

The DCYF must enter into targeted contracts with existing home visiting programs in locales with the historically highest rates of child welfare screened-in intake to serve up to 150 families.

The DCYF must implement and maintain a program that provides support to child welfare workers from public health nurses.

The Health Care Authority must establish a substance use disorder inpatient program that specializes in treating pregnant and parenting women using a family preservation model.

The Health Care Authority must 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 Department of Commerce must 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.

Four legal liaison positions within the DCYF are established to work with both the DCYF and the Office of the Attorney General for the purpose of assisting with the preparation of child abuse and neglect court cases. 

The DCYF must establish a pilot program to include third-party safety plan participants and public health nurses in child protective services safety planning.