Joshua Hinman
Dependency and Shelter Care Hearing. Anyone, including the Department of Children, Youth, and Families (DCYF), may file a petition in court alleging a child should be a dependent of the state due to abuse or neglect, including that which results from sexual abuse, sexual exploitation, or a pattern of severe 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. The court must release a child to a parent unless the court finds that removal of the child is necessary to prevent imminent physical harm and that the evidence shows a causal relationship between the conditions in the home and imminent physical harm to the child.
Law Enforcement. 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 taking the child into custody is necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, or a pattern of severe 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.
Hospitals. An administrator of a hospital or similar institution or licensed physician 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 detaining the child is necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, or a pattern of severe 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 provided that such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or child protective services.
Family and Juvenile Court Improvement Grant Program. 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:
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:
Home Visiting. Home visiting is a voluntary, family-centered service offered to expectant parents and families with new babies and young children to support the physical, social, and emotional health and development of the child.
Pregnant and Parenting Women. Pregnant and Parenting Women (PPW) services offered through the Health Care Authority (HCA) are designed to meet the needs of pregnant and parenting women who are seeking services. PPW offers substance use disorder residential treatment services for women and their children under the age of six for up to six months. Services may include a focus on domestic violence, childhood sexual abuse, mental health issues, employment skills and education, linkages to pre- and post-natal medical care, legal advocacy, and safe affordable housing.
Child Abuse or Neglect: Establishing the Basis for a Determination of Imminent Physical Harm, Establishing the basis for the determination of imminent risk of physical harm may include, but is not limited to, child abuse or neglect resulting from endangerment with 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 necessities 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:
Shelter Care Hearing. At a shelter care hearing, if the court has reasonable cause to believe that removal of the child is necessary to prevent imminent physical harm due to child abuse or neglect, including that which results from endangerment with high-potency synthetic opioids as described above, the child shall not be released to the parent, guardian, or legal custodian.
Law Enforcement. 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 taking the child into custody is necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from endangerment with a high-potency synthetic opioids , in addition to reasons already permitted by law, and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order.
Hospitals. An administrator of a hospital or similar institution or any duly licensed physician, 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 detaining the child is necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from endangerment with a high-potency synthetic opioids , in addition to reasons already permitted by law, and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order provided that such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or child protective services.
Services and Supports to Child Welfare Workers, Courts, and Families. DCYF is to establish a pilot program to include third-party safety plan participants and public health nurses in child protective services safety planning. The pilot program 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. Subject to appropriation.
Family and Juvenile Court Improvement Grant Program. The training for court commissioners and judges assigned to family and juvenile court to receive a minimum of 30 hours specialized training in topics related to family and juvenile matters within six months of assuming duties in family and juvenile court must include the risk and danger presented to children and youth by high-potency synthetic opioids and the legal standards for removal of a child based on abuse or neglect. Paying for the training of other professionals involved in child welfare court proceedings including, but not limited to, attorneys and guardians ad litem is an allowable use of grant money.
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 requested, DCYF is to 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:
No retaliation may be taken against a child welfare worker for requesting a second trained individual accompany them in providing services to, monitoring, or investigating a family.
DCYF is to 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 parental substance use disorder was a factor in the case. Subject to appropriation.
Home Visiting. DCYF is to 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. DCYF is to provide training specific to substance use disorders for the home visiting providers selected for this program. Priority for targeted contracted home visiting slots shall be given to:
DCYF is to 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. DCYF shall implement this pilot program in at least eight counties. Subject to appropriation.
DCYF is to implement and maintain a program that provides support to child welfare workers from public health nurses. The support provided by public health nurses must include supporting child welfare workers in:
Pregnant and Parenting Women. The Health Care Authority (HCA) is to establish a substance use disorder inpatient program that specializes in treating pregnant and parenting women using a family preservation model. HCA 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. Entities contracted to provide services must allow families to reside together while a parent is receiving treatment. Subject to appropriation.
Four legal liaison positions are established within DCYF to work with both DCYF and the Office of the Attorney General for the purpose of assisting with the preparation of child abuse and neglect court cases involving allegations of high-potency synthetic opioids. The workload of the legal liaisons is to be geographically divided to reflect where the highest risk and most vulnerable high-potency synthetic opioid-related child abuse and neglect cases are filed.
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. DCYF may determine the necessary qualifications for the legal liaison positions. Subject to appropriation.
Child welfare worker means an employee of DCYF whose job includes supporting or providing child welfare services or child protective services.
High-potency synthetic opioids means illegally produced synthetic opioids classified as a schedule I or II controlled substance or controlled substance analog in chapter 60.50 RCW and federal law or listed by the pharmacy quality assurance commission in rule including, but not limited to, fentanyl.
The child abuse or neglect establishing the basis for a determination of imminent physical harm may include, child abuse or neglect resulting from endangerment from high potency synthetic opioids (HPSO), which 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 HPSO. When evaluating whether endangerment with HPSO necessitates the removal of a child to prevent imminent physical harm to a child due to child abuse or neglect, the court shall consider at a minimum the following factors: public health guidelines & best practices, in addition to language in the bill. This endangerment language is also changed as it applies to law enforcement and hospitals. The risk assessment language and availability of testing strips language is struck. HPSO means illegally produced synthetic opioids classified as a schedule I or II controlled substance or controlled substance analog in state law, and federal or listed by the pharmacy quality assurance commission in rule, including, but not limited to, fentanyl. Services: two were struck?Section 207 went beyond what the program could offer and 211 was repetitive of 210. Technical corrections.
The committee recommended a different version of the bill than what was heard. PRO: We have all seen the headlines about fentanyl as well as other opioids. We also have to focus on services for families, what we're seeing is what happens when we don't provide families with the resources they need. Everyone is looking for solutions. We need to do this for the best interest of all children, but there are a lot of unknowns. What is the science? This issue is a priority for the state, nation and word. This is not a perfect bill but it does represent a bi-partisan effort to support the families in need. Fentanyl is having a catastrophic impact on our communities, we need resources and to intervene earlier. Children are showing up in the ER dying. While there is trauma and disproportionality in removing children from their homes, 1227 did a wonderful job but happened to coincide with the fentanyl epidemic, we need to find a way to keep children safe.
CON: Removing a child often doesn't help the parent. Clinical care and public health needs to be person centered so a parent can safely parent or there are worse outcomes for the children including an increase in opioid deaths. What does the evidence show? It's not exposure or being in the same room, removal does more harm to the child. There is no definition, methadone should not be included. Also, test strips can show false positives.
OTHER: Substance use alone is not a reason to remove the child. Since 2018 there have been an increase in critical incidents. We need to clarify that fentanyl is dangerous and lethal and provide support services. This bill won't prevent a dependency or a judicial offer from removing a child due to an imminent risk of harm. Kids need the services, assess parents for the ability to care for the child. We should rely on science. Judges should have most current public health information. We have seen removals like crack in the 1990's. Despite 1227, there is still disproportionality in which children are removed from the home which leads to increased risks of homelessness and incarceration, among other negative long term effects. Public health should guide lawmakers.