HB 2497

H-2864.2
  HOUSE BILL 2497
State of Washington  69th Legislature  2026 Regular Session
By Representatives Ortiz-Self,    Taylor,     Scott,    Bergquist,   Ormsby,
Macri, Obras, and Reed
Read first time 01/15/26.   Referred to Committee on Early Learning &
Human Services.
1      AN ACT Relating to addressing the rise in maltreatment-related
2  child fatalities or near fatalities by supporting families that have
3  received a child welfare response from the department of children,
4  youth, and families; amending RCW 2.70.020, 13.34.065, 13.34.110,
5  74.14B.010, and 2.30.010; adding a new section to chapter 43.06 RCW;
6  adding new sections to chapter 74.13 RCW; and creating new sections.
7  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8     NEW SECTION.   Sec. 1.   (1) The legislature finds that critical
9 incidents, maltreatment-related child fatalities or near fatalities
10 involving families with an open child welfare case within one year of
11 the incident, increased by 70 percent from 2021 to 2024. In the first
12 quarter of 2025, there were 22 critical incidents compared to nine
13 critical incidents in the first quarter of 2024.
14     (2) The legislature intends to address the concerning rise in
15 critical incidents by:
16     (a) Increasing court oversight of child welfare cases during the
17 shelter care phase for children under age four;
18     (b) Expanding access to legal counsel and parent allies for
19 parents, guardians, or legal custodians who are pregnant or have a
20 newborn child and are at risk of child protective services
21 intervention and removal;
  p. 1  HB 2497
1      (c) Convening of representatives from the health care authority,
2 the department of children, youth, and families, the department of
3 social and health services, and the department of health to align
4 with    Washington  thriving's   strategic  plan   described  in   RCW
5 74.09.4951(6) to transform the behavioral health system and improve
6 access to substance use disorder treatment for families receiving
7 child welfare services;
8      (d) Improving the process connecting families with community-
9 based services;
10      (e) Providing public health nurses to support parents of children
11 under age four with an open child protective services investigation;
12      (f) Requiring that the department of children, youth, and
13 families develop and provide specialized training for supervisors of
14 child welfare workers regarding any risk and safety assessments used
15 by the department in child welfare cases;
16     (g) Respectfully requesting recommendations from the supreme
17 court commission on children in foster care's family well-being
18 community collaborative work group regarding the court process for
19 child welfare cases without removal; and
20     (h) Expanding access to the parent-child assistance program in
21 high-need communities to deliver additional intensive case management
22 and recovery support for pregnant and parenting individuals involved
23 in child welfare services due to substance abuse.
24     Sec. 2.   RCW 2.70.020 and 2025 c 226 s 10 are each amended to
25 read as follows:
26     ((The director shall:
27     (1) Administer)) The director shall administer all state-funded
28 services in the following program areas:
29     (((a))) (1) Trial court criminal indigent defense, as provided in
30 chapter 10.101 RCW;
31     (((b))) (2) Appellate indigent defense, as provided in this
32 chapter and RCW 10.73.150;
33     (((c))) (3) Representation of indigent parents qualified for
34 appointed counsel in dependency and termination cases, as provided in
35 RCW 13.34.090 and 13.34.092;
36     (((d))) (4) Extraordinary criminal justice cost petitions, as
37 provided in RCW 43.330.190;
38     (((e))) (5) Compilation of copies of DNA test requests by persons
39 convicted of felonies, as provided in RCW 10.73.170;
  p. 2  HB 2497
1     (((f))) (6) Representation of indigent respondents qualified for
2 appointed counsel in sexually violent predator civil commitment
3 cases, as provided in chapter 71.09 RCW;
4     (((g))) (7) Representation of indigent persons who are acquitted
5 by reason of insanity and committed to state psychiatric care as
6 provided in chapter 10.77 RCW; and
7     (((h))) (8) At the request of the health care authority on behalf
8 of a county under chapter 71.05 RCW, representation of indigent
9 persons qualified for appointed counsel in involuntary commitment
10 cases;
11     (((2))) (9) Subject to availability of funds appropriated for
12 this specific purpose, ((provide)) providing access to counsel for
13 indigent persons incarcerated in a juvenile rehabilitation or adult
14 correctional facility to file and prosecute a first, timely personal
15 restraint petition under RCW 10.73.150. The office shall establish
16 eligibility criteria that prioritize access to counsel for youth
17 under age 25, youth or adults with sentences in excess of 120 months,
18 youth or adults with disabilities, and youth or adults with limited
19 English   proficiency.  Nothing   in   this   subsection   creates   an
20 entitlement to counsel at state expense to file a personal restraint
21 petition;
22     (((3))) (10) Subject to the availability of funds appropriated
23 for this specific purpose, ((appoint)) appointing counsel to petition
24 the sentencing court if the legislature creates an ability to
25 petition the sentencing court, or appoint counsel to challenge a
26 conviction or sentence if a final decision of an appellate court
27 creates the ability to challenge a conviction or sentence. Nothing in
28 this subsection creates an entitlement to counsel at state expense to
29 petition the sentencing court;
30     (((4))) (11) ((Provide)) Providing access to attorneys for
31 juveniles contacted by a law enforcement officer for whom a legal
32 consultation is required under RCW 13.40.740;
33     (((5))) (12) ((Submit)) Submitting a biennial budget for all
34 costs related to the office's program areas;
35     (((6)))    (13)    ((Establish))    Establishing     administrative
36 procedures, standards, and guidelines for the office's program areas,
37 including cost-efficient systems that provide for authorized recovery
38 of costs;
  p. 3  HB 2497
1     (((7))) (14) ((Provide)) Providing oversight and technical
2 assistance to ensure the effective and efficient delivery of services
3 in the office's program areas;
4     (((8))) (15) ((Recommend)) Recommending criteria and standards
5 for determining and verifying indigency. In recommending criteria for
6 determining indigency, the director shall compile and review the
7 indigency standards used by other state agencies and shall
8 periodically submit the compilation and report to the legislature on
9 the appropriateness and consistency of such standards;
10     (((9)))   (16)   ((Collect))  Collecting   information   regarding
11 indigent defense services funded by the state and report annually to
12 the advisory committee, the legislature, and the supreme court;
13     (((10))) (17) ((Coordinate)) Coordinating with the supreme court
14 and the judges of each division of the court of appeals to determine
15 how appellate attorney services should be provided; and
16     (18)(a) Subject to the amounts provided for this specific
17 purpose, providing legal counsel and a parent ally as defined in RCW
18 2.70.060 for parents, guardians, or legal custodians who are pregnant
19 or have a newborn child that is:
20     (i) At risk of child protective services intervention and
21 removal; and
22     (ii) Exposed to alcohol or controlled substances during their
23 mother's pregnancy.
24     (b) The purpose of the support from legal counsel and a parent
25 ally described in this subsection is to create a safety plan for the
26 family and identify services and supports that will maintain the
27 safety of the child in the home of the parent, guardian, or legal
28 custodian.
29     Sec. 3. RCW 13.34.065 and 2024 c 328 s 103 are each amended to
30 read as follows:
31     (1)(a) When a child is removed or when the petitioner is seeking
32 the removal of a child from the child's parent, guardian, or legal
33 custodian, the court shall hold a shelter care hearing within 72
34 hours, excluding Saturdays, Sundays, and holidays. The primary
35 purpose of the shelter care hearing is to determine whether the child
36 can be immediately and safely returned home while the adjudication of
37 the dependency is pending. The court shall hold an additional shelter
38 care hearing within 72 hours, excluding Saturdays, Sundays, and
39 holidays if the child is removed from the care of a parent, guardian,
  p. 4  HB 2497
1 or legal custodian at any time after an initial shelter care hearing
2 under this section.
3     (b) Any child's attorney, parent, guardian, or legal custodian
4 who for good cause is unable to attend or adequately prepare for the
5 shelter care hearing may request that the initial shelter care
6 hearing be continued or that a subsequent shelter care hearing be
7 scheduled. The request shall be made to the clerk of the court where
8 the petition is filed prior to the initial shelter care hearing. Upon
9 the request of the child's attorney, parent, guardian, or legal
10 custodian, the court shall schedule the hearing within 72 hours of
11 the request, excluding Saturdays, Sundays, and holidays. The clerk
12 shall notify all other parties of the hearing by any reasonable
13 means. If the parent, guardian, or legal custodian is not represented
14 by counsel, the clerk shall provide information to the parent,
15 guardian, or legal custodian regarding how to obtain counsel.
16     (2)(a) If it is likely that the child will remain in shelter care
17 longer than 72 hours, the department shall submit a recommendation to
18 the court as to the further need for shelter care in all cases in
19 which the child will remain in shelter care longer than the 72 hour
20 period. In all other cases, the recommendation shall be submitted by
21 the juvenile court probation counselor.
22     (b) All parties have the right to present testimony to the court
23 regarding the need or lack of need for shelter care.
24     (c) Hearsay evidence before the court regarding the need or lack
25 of need for shelter care must be supported by sworn testimony,
26 affidavit, or declaration of the person offering such evidence.
27     (3)(a) At the commencement of the hearing, the court shall notify
28 the parent, guardian, or custodian of the following:
29     (i) The parent, guardian, or custodian has the right to a shelter
30 care hearing;
31     (ii) The nature of the shelter care hearing, the rights of the
32 parents, and the proceedings that will follow; and
33     (iii) If the parent, guardian, or custodian is not represented by
34 counsel, the right to be represented. If the parent, guardian, or
35 custodian is indigent, the court shall appoint counsel as provided in
36 RCW 13.34.090; and
37     (b) If a parent, guardian, or legal custodian desires to waive
38 the shelter care hearing, the court shall determine, on the record
39 and with the parties present, whether such waiver is knowing and
40 voluntary. A parent may not waive his or her right to the shelter
  p. 5  HB 2497
1 care hearing unless he or she appears in court, in person, or by
2 remote means, and the court determines that the waiver is knowing and
3 voluntary. Regardless of whether the court accepts the parental
4 waiver of the shelter care hearing, the court must provide notice to
5 the parents of their rights required under (a) of this subsection and
6 make the finding required under subsection (4) of this section.
7     (4) At the shelter care hearing the court shall examine the need
8 for shelter care and inquire into the status of the case. The
9 paramount consideration for the court shall be the health, welfare,
10 and safety of the child. At a minimum, the court shall inquire into
11 the following:
12     (a) Whether the notice required under RCW 13.34.062 was given to
13 all known parents, guardians, or legal custodians of the child. The
14 court shall make an express finding as to whether the notice required
15 under RCW 13.34.062 was given to the parent, guardian, or legal
16 custodian. If actual notice was not given to the parent, guardian, or
17 legal custodian and the whereabouts of such person is known or can be
18 ascertained, the court shall order the department to make diligent
19 efforts to advise the parent, guardian, or legal custodian of the
20 status of the case, including the date and time of any subsequent
21 hearings, and their rights under RCW 13.34.090;
22     (b) Whether the child can be safely returned home while the
23 adjudication of the dependency is pending;
24     (c) What efforts have been made to place the child with a
25 relative. The court shall ask the parents whether the department
26 discussed with them the placement of the child with a relative or
27 other suitable person described in RCW 13.34.130(1)(b) and shall
28 determine what efforts have been made toward such a placement;
29     (d) What services were provided to the family to prevent or
30 eliminate the need for removal of the child from the child's home. If
31 the dependency petition or other information before the court alleges
32 that experiencing homelessness or the lack of suitable housing was a
33 significant factor contributing to the removal of the child, the
34 court shall inquire as to whether housing assistance was provided to
35 the family to prevent or eliminate the need for removal of the child
36 or children;
37     (e) Is the placement proposed by the department the least
38 disruptive and most family-like setting that meets the needs of the
39 child;
  p. 6  HB 2497
1     (f) Whether it is in the best interest of the child to remain
2 enrolled in the school, developmental program, or child care the
3 child was in prior to placement and what efforts have been made to
4 maintain the child in the school, program, or child care if it would
5 be in the best interest of the child to remain in the same school,
6 program, or child care;
7     (g) Appointment of a guardian ad litem or attorney;
8     (h) Whether the child is or may be an Indian child as defined in
9 RCW 13.38.040, whether the provisions of the federal Indian child
10 welfare act or chapter 13.38 RCW apply, and whether there is
11 compliance with the federal Indian child welfare act and chapter
12 13.38 RCW, including notice to the child's tribe;
13     (i) Whether, as provided in RCW 26.44.063, restraining orders, or
14 orders expelling an allegedly abusive household member from the home
15 of a nonabusive parent, guardian, or legal custodian, will allow the
16 child to safely remain in the home;
17     (j) Whether any orders for examinations, evaluations, or
18 immediate services are needed. ((The)) Except as provided in
19 subsection (5)(c) of this section, the court may not order a parent
20 to undergo examinations, evaluation, or services at the shelter care
21 hearing unless the parent agrees to the examination, evaluation, or
22 service;
23     (k) The terms and conditions for parental, sibling, and family
24 visitation.
25     (5)(a) The court shall release a child alleged to be dependent to
26 the care, custody, and control of the child's parent, guardian, or
27 legal custodian unless the court finds there is reasonable cause to
28 believe that:
29     (i) After consideration of the specific services that have been
30 provided, reasonable efforts have been made to prevent or eliminate
31 the need for removal of the child from the child's home and to make
32 it possible for the child to return home; and
33     (ii)(A) The child has no parent, guardian, or legal custodian to
34 provide supervision and care for such child; or
35     (B)(I) Removal of the child is necessary to prevent imminent
36 physical harm due to child abuse or neglect, including that which
37 results from sexual abuse, sexual exploitation, a high-potency
38 synthetic opioid, or a pattern of severe neglect, notwithstanding an
39 order entered pursuant to RCW 26.44.063. The evidence must show a
40 causal relationship between the particular conditions in the home and
  p. 7  HB 2497
1 imminent physical harm to the child. The existence of community or
2 family poverty, isolation, single parenthood, age of the parent,
3 crowded or inadequate housing, substance abuse, prenatal drug or
4 alcohol exposure, mental illness, disability or special needs of the
5 parent or child, or nonconforming social behavior does not by itself
6 constitute imminent physical harm. The court shall give great weight
7 to the lethality of high-potency synthetic opioids and public health
8 guidance from the department of health related to high-potency
9 synthetic opioids when determining whether removal of the child is
10 necessary to prevent imminent physical harm due to child abuse or
11 neglect;
12     (II) It is contrary to the welfare of the child to be returned
13 home; and
14     (III) After considering the particular circumstances of the
15 child, any imminent physical harm to the child outweighs the harm the
16 child will experience as a result of removal; or
17     (C) The parent, guardian, or custodian to whom the child could be
18 released has been charged with violating RCW 9A.40.060 or 9A.40.070.
19     (b) If the court finds that the elements of (a)(ii)(B) of this
20 subsection require removal of the child, the court shall further
21 consider:
22     (i) Whether participation by the parents, guardians, or legal
23 custodians in any prevention services would prevent or eliminate the
24 need for removal and, if so, shall inquire of the parent whether they
25 are willing to participate in such services. If the parent agrees to
26 participate in the prevention services identified by the court that
27 would prevent or eliminate the need for removal, the court shall
28 place the child with the parent. The court shall give great weight to
29 the lethality of high-potency synthetic opioids and public health
30 guidance from the department of health related to high-potency
31 synthetic opioids when deciding whether to place the child with the
32 parent. ((The)) Except as provided in (c) of this subsection, the
33 court shall not order a parent to participate in prevention services
34 over the objection of the parent, however, parents shall have the
35 opportunity to consult with counsel prior to deciding whether to
36 agree to proposed prevention services as a condition of having the
37 child return to or remain in the care of the parent; and
38     (ii) Whether the issuance of a temporary order of protection
39 directing the removal of a person or persons from the child's
40 residence would prevent the need for removal of the child.
  p. 8  HB 2497
1     (c) If the court places a child under age four or allows a child
2 under age four to remain in the care of a parent, guardian, or legal
3 custodian following a shelter care hearing under this section, the
4 court may order conditions necessary to maintain the safety of the
5 child under age four in the home if the court finds that there is
6 reasonable cause to believe that these conditions are necessary to
7 maintain the safety of the child. If these conditions involve the
8 participation of the parent, guardian, or legal custodian in a
9 service or evaluation, the department shall provide all necessary
10 referrals to that service within seven days of the shelter care order
11 that includes the service condition and shall provide appropriate
12 resources for the parent to access the child care that is needed to
13 comply with any conditions ordered under (c) of this subsection.
14 Failure by the department to provide timely referrals or access to
15 service conditions may not be used as a basis for removal, continued
16 shelter care, or a finding of dependency. Any condition that is
17 ordered under (c) of this subsection must be:
18     (i) Culturally appropriate;
19     (ii) Reasonably available to the parent, guardian, or legal
20 custodian; and
21     (iii) Reasonably accessible to the parent, guardian, or legal
22 custodian.
23     (d)(i) If the court does not release the child to his or her
24 parent, guardian, or legal custodian, the court shall order placement
25 with a relative or other suitable person as described in RCW
26 13.34.130(1)(b), unless the petitioner establishes that there is
27 reasonable cause to believe that:
28     (A) Placement in licensed foster care is necessary to prevent
29 imminent physical harm to the child due to child abuse or neglect,
30 including that which results from sexual abuse, sexual exploitation,
31 a high-potency synthetic opioid, or a pattern of severe neglect,
32 because no relative or other suitable person is capable of ensuring
33 the basic safety of the child; or
34     (B) The efforts to reunite the parent and child will be hindered.
35     (ii) In making the determination in (((c))) (d)(i) of this
36 subsection, the court shall:
37     (A) Inquire of the petitioner and any other person present at the
38 hearing for the child whether there are any relatives or other
39 suitable persons who are willing to care for the child. This inquiry
40 must include whether any relative or other suitable person:
  p. 9  HB 2497
1     (I) Has expressed an interest in becoming a caregiver for the
2 child;
3     (II) Is able to meet any special needs of the child;
4     (III) Is willing to facilitate the child's sibling and parent
5 visitation if such visitation is ordered by the court; and
6     (IV) Supports reunification of the parent and child once
7 reunification can safely occur; and
8     (B) Give great weight to the stated preference of the parent,
9 guardian, or legal custodian, and the child.
10     (iii) If a relative or other suitable person expressed an
11 interest in caring for the child, can meet the child's special needs,
12 can support parent-child reunification, and will facilitate court-
13 ordered sibling or parent visitation, the following must not prevent
14 the child's placement with such relative or other suitable person:
15     (A) An incomplete department or fingerprint-based background
16 check, if such relative or other suitable person appears otherwise
17 suitable and competent to provide care and treatment, but the
18 background checks must be completed as soon as possible after
19 placement;
20     (B) Uncertainty on the part of the relative or other suitable
21 person regarding potential adoption of the child;
22     (C) Disbelief on the part of the relative or other suitable
23 person that the parent, guardian, or legal custodian presents a
24 danger to the child, provided the caregiver will protect the safety
25 of the child and comply with court orders regarding contact with a
26 parent, guardian, or legal custodian; or
27     (D) The conditions of the relative or other suitable person's
28 home are not sufficient to satisfy the requirements of a licensed
29 foster home. The court may order the department to provide financial
30 or other support to the relative or other suitable person necessary
31 to ensure safe conditions in the home.
32     (((d))) (e) If the child was not initially placed with a relative
33 or other suitable person, and the court does not release the child to
34 his or her parent, guardian, or legal custodian, the department shall
35 make reasonable efforts to locate a relative or other suitable person
36 pursuant to RCW 13.34.060(1).
37     (((e))) (f) If the court does not order placement with a relative
38 or other suitable person, the court shall place the child in licensed
39 foster care and shall set forth its reasons for the order. If the
40 court orders placement of the child with a person not related to the
  p. 10  HB 2497
1 child and not licensed to provide foster care, the placement is
2 subject to all terms and conditions of this section that apply to
3 relative placements.
4     (((f))) (g) Any placement with a relative, or other suitable
5 person approved by the court pursuant to this section, shall be
6 contingent upon cooperation with the department's or agency's case
7 plan and compliance with court orders related to the care and
8 supervision of the child including, but not limited to, court orders
9 regarding parent-child contacts, sibling contacts, and any other
10 conditions imposed by the court. Noncompliance with the case plan or
11 court order is grounds for removal of the child from the home of the
12 relative or other suitable person, subject to review by the court.
13     (((g))) (h) If the child is placed in a qualified residential
14 treatment program as defined in this chapter, the court shall, within
15 60 days of placement, hold a hearing to:
16     (i) Consider the assessment required under RCW 13.34.420 and
17 submitted as part of the department's social study, and any related
18 documentation;
19     (ii) Determine whether placement in foster care can meet the
20 child's needs or if placement in another available placement setting
21 best meets the child's needs in the least restrictive environment;
22 and
23     (iii) Approve or disapprove the child's placement in the
24 qualified residential treatment program.
25     (((h))) (i) Uncertainty by a parent, guardian, legal custodian,
26 relative, or other suitable person that the alleged abuser has in
27 fact abused the child shall not, alone, be the basis upon which a
28 child is removed from the care of a parent, guardian, or legal
29 custodian under (a) of this subsection, nor shall it be a basis,
30 alone, to preclude placement with a relative or other suitable person
31 under (((c))) (d) of this subsection.
32     (((i))) (j) If the court places with a relative or other suitable
33 person, and that person has indicated a desire to become a licensed
34 foster parent, the court shall order the department to commence an
35 assessment of the home of such relative or other suitable person
36 within 10 days and thereafter issue an initial license as provided
37 under RCW 74.15.120 for such relative or other suitable person, if
38 qualified, as a foster parent. The relative or other suitable person
39 shall receive a foster care maintenance payment, starting on the date
40 the department approves the initial license. If such home is found to
  p. 11  HB 2497
1 be unqualified for licensure, the department shall report such fact
2 to the court within one week of that determination. The department
3 shall report on the status of the licensure process during the entry
4 of any dispositional orders in the case.
5     (((j))) (k) If the court places the child in licensed foster
6 care:
7     (i) The petitioner shall report to the court, at the shelter care
8 hearing, the location of the licensed foster placement the petitioner
9 has identified for the child and the court shall inquire as to
10 whether:
11     (A) The identified placement is the least restrictive placement
12 necessary to meet the needs of the child;
13     (B) The child will be able to remain in the same school and
14 whether any orders of the court are necessary to ensure educational
15 stability for the child;
16     (C) The child will be placed with a sibling or siblings, and
17 whether court-ordered sibling contact would promote the well-being of
18 the child;
19     (D) The licensed foster placement is able to meet the special
20 needs of the child;
21     (E) The location of the proposed foster placement will impede
22 visitation with the child's parent or parents;
23     (ii) The court may order the department to:
24     (A) Place the child in a less restrictive placement;
25     (B) Place the child in a location in closer proximity to the
26 child's parent, home, or school;
27     (C) Place the child with the child's sibling or siblings;
28     (D) Take any other necessary steps to ensure the child's health,
29 safety, and well-being;
30     (iii) The court shall advise the petitioner that:
31     (A) Failure to comply with court orders while a child is in
32 shelter care will be considered when determining whether reasonable
33 efforts have been made by the department during a hearing under RCW
34 13.34.110; and
35     (B) Placement moves while a child is in shelter care will be
36 considered when determining whether reasonable efforts have been made
37 by the department during a hearing under RCW 13.34.110.
38     (6)(a) A shelter care order issued pursuant to this section shall
39 include the requirement for a case conference as provided in RCW
40 13.34.067. However, if the parent is not present at the shelter care
  p. 12  HB 2497
1 hearing, or does not agree to the case conference, the court shall
2 not include the requirement for the case conference in the shelter
3 care order.
4     (b) If the court orders a case conference, the shelter care order
5 shall include notice to all parties and establish the date, time, and
6 location of the case conference which shall be no later than 30 days
7 before the fact-finding hearing.
8     (c) The court may order another conference, case staffing, or
9 hearing as an alternative to the case conference required under RCW
10 13.34.067 so long as the conference, case staffing, or hearing
11 ordered by the court meets all requirements under RCW 13.34.067,
12 including the requirement of a written agreement specifying the
13 services to be provided to the parent.
14     (7)(a)(i) A shelter care order issued pursuant to this section
15 may be amended at any time with notice and hearing thereon. The
16 shelter care decision of placement shall be modified only upon a
17 showing of change in circumstances. No child may be placed in shelter
18 care for longer than thirty days without an order, signed by the
19 judge, authorizing continued shelter care.
20     (ii) If the court previously ordered that visitation between a
21 parent and child be supervised or monitored, there shall be a
22 presumption that such supervision or monitoring will no longer be
23 necessary following a continued shelter care order under (a)(i) of
24 this subsection. To overcome this presumption, a party must provide a
25 report to the court including evidence establishing that removing
26 visit supervision or monitoring would create a risk to the child's
27 safety, and the court shall make a determination as to whether visit
28 supervision or monitoring must continue.
29     (b)(i) An order releasing the child on any conditions specified
30 in this section may at any time be amended, with notice and hearing
31 thereon, so as to return the child to shelter care for failure of the
32 parties to conform to the conditions originally imposed.
33     (ii) The court shall consider whether nonconformance with any
34 conditions resulted from circumstances beyond the control of the
35 parent, guardian, or legal custodian and give weight to that fact
36 before ordering return of the child to shelter care.
37     (8) The department and its employees shall not be held liable in
38 any civil action for complying with an order issued under this
39 section for placement: With a parent who has agreed to accept
40 services, a relative, or a suitable person.
  p. 13  HB 2497
1     (9)(a) If a child is placed out of the home of a parent,
2 guardian, or legal custodian following a shelter care hearing, the
3 court shall order the petitioner to provide regular visitation with
4 the parent, guardian, or legal custodian, and siblings. Early,
5 consistent, and frequent visitation is crucial for maintaining
6 parent-child relationships and allowing family reunification. The
7 court shall order a visitation plan individualized to the needs of
8 the family with a goal of providing the maximum parent, child, and
9 sibling contact possible.
10     (b) Visitation under this subsection shall not be limited as a
11 sanction for a parent's failure to comply with recommended services
12 during shelter care.
13     (c) Visitation under this subsection may only be limited where
14 necessary to ensure the health, safety, or welfare of the child.
15     (d) The first visit must take place within 72 hours of the child
16 being delivered into the custody of the department, unless the court
17 finds that extraordinary circumstances require delay.
18     (e) If the first visit under (d) of this subsection occurs in an
19 in-person format, this first visit must be supervised unless the
20 department determines that visit supervision is not necessary.
21     Sec. 4. RCW 13.34.110 and 2020 c 312 s 116 are each amended to
22 read as follows:
23     (1) The court shall hold a fact-finding hearing on the petition
24 and, unless the court dismisses the petition, shall make written
25 findings of fact, stating the reasons therefor. The rules of evidence
26 shall apply at the fact-finding hearing and the parent, guardian, or
27 legal custodian of the child shall have all of the rights provided in
28 RCW   13.34.090(1).  The   petitioner  shall   have  the  burden   of
29 establishing by a preponderance of the evidence that the child is
30 dependent within the meaning of RCW 13.34.030.
31     (2)(a) The court in a fact-finding hearing may consider the
32 history of past involvement of child protective services or law
33 enforcement agencies with the family for the purpose of establishing
34 a pattern of conduct, behavior, or inaction with regard to the
35 health, safety, or welfare of the child on the part of the child's
36 parent, guardian, or legal custodian, or for the purpose of
37 establishing that reasonable efforts have been made by the department
38 to prevent or eliminate the need for removal of the child from the
39 child's home. No report of child abuse or neglect that has been
  p. 14  HB 2497
1 destroyed or expunged under RCW 26.44.031 may be used for such
2 purposes.
3     (b) The fact that the parent participated in prevention services,
4 safety planning, or conditions necessary to maintain the safety of
5 the child under RCW 13.34.065(5)(c) may not be construed as an
6 admission of abuse or neglect.
7     (3)(a) The parent, guardian, or legal custodian of the child may
8 waive his or her right to a fact-finding hearing by stipulating or
9 agreeing to the entry of an order of dependency establishing that the
10 child is dependent within the meaning of RCW 13.34.030. The parent,
11 guardian, or legal custodian may also stipulate or agree to an order
12 of disposition pursuant to RCW 13.34.130 at the same time. Any
13 stipulated or agreed order of dependency or disposition must be
14 signed by the parent, guardian, or legal custodian and his or her
15 attorney, unless the parent, guardian, or legal custodian has waived
16 his or her right to an attorney in open court, and by the petitioner
17 and the attorney, guardian ad litem, or court-appointed special
18 advocate for the child, if any. If the department is not the
19 petitioner and is required by the order to supervise the placement of
20 the child or provide services to any party, the department must also
21 agree to and sign the order.
22     (b) Entry of any stipulated or agreed order of dependency or
23 disposition is subject to approval by the court. The court shall
24 receive and review a social study before entering a stipulated or
25 agreed order and shall consider whether the order is consistent with
26 the allegations of the dependency petition and the problems that
27 necessitated the child's placement in out-of-home care. No social
28 file or social study may be considered by the court in connection
29 with the fact-finding hearing or prior to factual determination,
30 except as otherwise admissible under the rules of evidence.
31     (c) Prior to the entry of any stipulated or agreed order of
32 dependency, the parent, guardian, or legal custodian of the child and
33 his or her attorney must appear before the court and the court within
34 available resources must inquire and establish on the record that:
35     (i) The parent, guardian, or legal custodian understands the
36 terms of the order or orders he or she has signed, including his or
37 her responsibility to participate in remedial services as provided in
38 any disposition order;
39     (ii) The parent, guardian, or legal custodian understands that
40 entry of the order starts a process that could result in the filing
  p. 15  HB 2497
1 of a petition to terminate his or her relationship with the child
2 within the time frames required by state and federal law if he or she
3 fails to comply with the terms of the dependency or disposition
4 orders   or  fails   to  substantially   remedy   the   problems that
5 necessitated the child's placement in out-of-home care;
6     (iii) The parent, guardian, or legal custodian understands that
7 the entry of the stipulated or agreed order of dependency is an
8 admission that the child is dependent within the meaning of RCW
9 13.34.030 and shall have the same legal effect as a finding by the
10 court that the child is dependent by at least a preponderance of the
11 evidence, and that the parent, guardian, or legal custodian shall not
12 have the right in any subsequent proceeding for termination of
13 parental rights pursuant to this chapter or guardianship pursuant to
14 chapters [chapter] 13.36 or 11.130 RCW to challenge or dispute the
15 fact that the child was found to be dependent; and
16     (iv) The parent, guardian, or legal custodian knowingly and
17 willingly stipulated and agreed to and signed the order or orders,
18 without duress, and without misrepresentation or fraud by any other
19 party.
20     If a parent, guardian, or legal custodian fails to appear before
21 the court after stipulating or agreeing to entry of an order of
22 dependency, the court may enter the order upon a finding that the
23 parent, guardian, or legal custodian had actual notice of the right
24 to appear before the court and chose not to do so. The court may
25 require other parties to the order, including the attorney for the
26 parent, guardian, or legal custodian, to appear and advise the court
27 of the parent's, guardian's, or legal custodian's notice of the right
28 to appear and understanding of the factors specified in this
29 subsection. A parent, guardian, or legal custodian may choose to
30 waive his or her presence at the in-court hearing for entry of the
31 stipulated or agreed order of dependency by submitting to the court
32 through counsel a completed stipulated or agreed dependency fact-
33 finding/disposition statement in a form determined by the Washington
34 state supreme court pursuant to General Rule GR 9.
35     (4) Immediately after the entry of the findings of fact, the
36 court shall hold a disposition hearing, unless there is good cause
37 for continuing the matter for up to fourteen days. If good cause is
38 shown, the case may be continued for longer than fourteen days.
39 Notice of the time and place of the continued hearing may be given in
40 open court. If notice in open court is not given to a party, that
  p. 16  HB 2497
1 party shall be notified by certified mail of the time and place of
2 any continued hearing. Unless there is reasonable cause to believe
3 the health, safety, or welfare of the child would be jeopardized or
4 efforts to reunite the parent and child would be hindered, the court
5 shall direct the department to notify those adult persons who: (a)
6 Are related by blood or marriage to the child in the following
7 degrees:   Parent,    grandparent,   brother,   sister,    stepparent,
8 stepbrother, stepsister, uncle, or aunt; (b) are known to the
9 department as having been in contact with the family or child within
10 the past twelve months; and (c) would be an appropriate placement for
11 the child. Reasonable cause to dispense with notification to a parent
12 under this section must be proved by clear, cogent, and convincing
13 evidence.
14     The parties need not appear at the fact-finding or dispositional
15 hearing if the parties, their attorneys, the guardian ad litem, and
16 court-appointed special advocates, if any, are all in agreement.
17     NEW SECTION.   Sec. 5.   A new section is added to chapter 43.06
18 RCW to read as follows:
19     (1) The governor or the governor's staff designee shall convene
20 the convening of representatives from:
21     (a) The health care authority;
22     (b) The department of children, youth, and families;
23     (c) The department of social and health services; and
24     (d) The department of health.
25     (2) The purpose of the convening of agencies described in
26 subsection (1) of this section is to:
27     (a) Coordinate to identify all available substance use disorder
28 treatment options for families receiving child welfare services as
29 defined in RCW 74.13.020 and child protective services as defined in
30 RCW 26.44.020;
31     (b) Establish a process to make substance use disorder treatment
32 options for families receiving child welfare services as defined in
33 RCW 74.13.020 and child protective services as defined in RCW
34 26.44.020 readily available to child welfare workers as defined in
35 RCW 74.14B.010;
36     (c) Establish a process for child welfare workers as defined in
37 RCW 74.14B.010 to identity the unmet treatment needs of families they
38 are working with;
  p. 17  HB 2497
1     (d) Identify resources that would allow families receiving child
2 welfare services and child protection services to obtain readily
3 available access to:
4     (i) Medication-assisted treatment;
5     (ii) Medications for opioid use disorder; and
6     (iii)   Family-centered  residential   and  intensive  outpatient
7 treatment; and
8     (e) Identify policy or statutory barriers to substance use
9 disorder treatment options for families receiving child welfare
10 services as defined in RCW 74.13.020 and child protective services as
11 defined in RCW 26.44.020 and provide publicly available information
12 regarding these barriers and possible solutions to overcome these
13 barriers.
14     NEW SECTION.   Sec. 6.   A new section is added to chapter 74.13
15 RCW to read as follows:
16     (1) By August 1, 2026, the department shall implement a process
17 to strengthen referrals and connections between eligible families and
18 community-based services in high-need communities identified by the
19 department. The process described in this section must:
20     (a) Facilitate a transition that connects eligible families with
21 a community-based service provider;
22     (b) Aim to keep children safe, support families, and increase
23 participation in services by eligible families;
24     (c) Incorporate a referral process to the following services when
25 appropriate:
26     (i) The plan of safe care community pathway;
27     (ii) Peer navigators;
28     (iii) Behavioral health navigators;
29     (iv) Parent allies;
30     (v) Community-based organizations;
31     (vi) Family resource centers; and
32     (vii) Community care hubs;
33     (d) Develop the referral process described in this subsection (1)
34 in partnership with community-based service providers and support
35 organizations including, but not limited to, those listed in (c) of
36 this subsection; and
37     (e) Incorporate a process for obtaining consent from a parent,
38 guardian, or legal custodian to share their personal information with
39 potential service providers.
  p. 18  HB 2497
1     (2) By November 1, 2027, and in compliance with RCW 43.01.036,
2 the department shall submit a report to the appropriate committees of
3 the legislature describing:
4     (a) The processes developed under subsection (1) of this section;
5     (b) Any available and relevant data demonstrating the impact of
6 the processes developed under subsection (1) of this section; and
7     (c) Recommendations regarding statewide implementation of the
8 process described under subsection (1) of this section.
9     (3) For purposes of this section, "eligible families" means
10 families:
11     (a) Receiving child protective services as defined in RCW
12 26.44.020; and
13     (b) Families with an active dependency court case under chapter
14 13.34 RCW where the child or children reside with a parent, guardian,
15 or legal custodian and the caseworker is planning for case closure.
16     NEW SECTION.   Sec. 7.   A new section is added to chapter 74.13
17 RCW to read as follows:
18     Subject to the availability of amounts appropriated for this
19 specific purpose, the department shall contract with public health
20 nurses to support parents of children under age four with an open
21 child protective services investigation, family assessment response,
22 or family voluntary services case. The contracts described in this
23 section must:
24     (1) Include contracts in communities impacted by substance use
25 for public health nurses to support child protective services workers
26 in safety planning;
27     (2) Provide for holistic assessments and intervention on issues
28 such as risk reduction and protective strategies, safe sleep, parent-
29 child attachment and interaction, maternal and child health, child
30 development, and medical home identification.
31     Sec. 8. RCW 74.14B.010 and 2019 c 470 s 27 are each amended to
32 read as follows:
33     (1)   Child  welfare  workers   shall  meet   minimum  standards
34 established by the department. Comprehensive training for child
35 welfare workers shall be completed before such child welfare workers
36 are assigned to case-carrying responsibilities as the sole worker
37 assigned to a particular case. Intermittent, part-time, and standby
  p. 19  HB 2497
1 child welfare workers shall be subject to the same minimum standards
2 and training.
3     (2) Ongoing specialized training shall be provided for child
4 welfare workers responsible for investigating child sexual abuse.
5 Training participants shall have the opportunity to practice
6 interview skills and receive feedback from instructors.
7     (3) The department, the criminal justice training commission, the
8 Washington association of sheriffs and police chiefs, and the
9 Washington association of prosecuting attorneys shall design and
10 implement statewide training that contains consistent elements for
11 persons engaged in the interviewing of children, including law
12 enforcement, prosecution, and child protective services.
13     (4) The training required by this section shall: (a) Be based on
14 research-based practices and standards; (b) minimize the trauma of
15 all persons who are interviewed during abuse investigations; (c)
16 provide methods of reducing the number of investigative interviews
17 necessary whenever possible; (d) assure, to the extent possible, that
18 investigative interviews are thorough, objective, and complete; (e)
19 recognize needs of special populations, such as persons with
20 developmental disabilities; (f) recognize the nature and consequences
21 of victimization; (g) require investigative interviews to be
22 conducted in a manner most likely to permit the interviewed persons
23 the maximum emotional comfort under the circumstances; (h) address
24 record retention and retrieval; (i) address documentation of
25 investigative interviews; and (j) include self-care for child welfare
26 workers.
27     (5) The identification of domestic violence is critical in
28 ensuring the safety of children in the child welfare system. It is
29 also critical for child welfare workers to support victims of
30 domestic violence while victims continue to care for their children,
31 when possible, as domestic violence perpetrated against someone other
32 than    the  child   does  not   constitute   negligent  treatment or
33 maltreatment in and of itself as provided in RCW 26.44.020. For these
34 reasons, ongoing domestic violence training and consultation shall be
35 provided to child welfare workers, including how to use the
36 department's practice guide to domestic violence.
37      (6) ((By January 1, 2021, the)) The department shall:
38      (a) Develop and implement an evidence-informed curriculum for
39 supervisors providing support to child welfare workers to better
  p. 20  HB 2497
1 prepare candidates for effective supervisory and leadership roles
2 within the department;
3     (b) Develop specialized training for child welfare workers that
4 includes simulation and coaching designed to improve clinical and
5 analytical skills;
6     (c) Based on the report required under RCW 43.216.7501(3),
7 develop and implement training for child welfare workers that
8 incorporates   trauma-informed   care  and   reflective   supervision
9 principles; and
10     (d) By September 1, 2026, develop and provide specialized
11 training for supervisors of child welfare workers regarding any risk
12 and safety assessment tools used by the department in child welfare
13 cases.
14     (7) For purposes of this section, "child welfare worker" means an
15 employee of the department whose job includes supporting or providing
16 child welfare services as defined in RCW 74.13.020 or child
17 protective services as defined in RCW 26.44.020.
18     Sec. 9. RCW 2.30.010 and 2015 c 291 s 1 are each amended to read
19 as follows:
20     (1) The legislature finds that judges in the trial courts
21 throughout the state effectively utilize what are known as
22 therapeutic courts to remove a defendant's or respondent's case from
23 the criminal and civil court traditional trial track and allow those
24 defendants or respondents the opportunity to obtain treatment
25 services to address particular issues that may have contributed to
26 the conduct that led to their arrest or other issues before the
27 court. Trial courts have proved adept at creative approaches in
28 fashioning a wide variety of therapeutic courts addressing the
29 spectrum of social issues that can contribute to criminal activity
30 and engagement with the child welfare system.
31     (2) The legislature further finds that by focusing on the
32 specific individual's needs, providing treatment for the issues
33 presented, and ensuring rapid and appropriate accountability for
34 program violations, therapeutic courts may decrease recidivism,
35 improve the safety of the community, and improve the life of the
36 program participant and the lives of the participant's family members
37 by decreasing the severity and frequency of the specific behavior
38 addressed by the therapeutic court.
  p. 21  HB 2497
1     (3) The legislature recognizes the inherent authority of the
2 judiciary under Article IV, section 1 of the state Constitution to
3 establish therapeutic courts, and the outstanding contribution to the
4 state and local communities made by the establishment of therapeutic
5 courts and desires to provide a general provision in statute
6 acknowledging   and  encouraging   the  judiciary   to   provide  for
7 therapeutic court programs to address the particular needs within a
8 given judicial jurisdiction.
9     (4) Therapeutic court programs may include, but are not limited
10 to:
11     (a) Adult drug court;
12     (b) Juvenile drug court;
13     (c) Family dependency treatment court or family drug court that
14 may include participants following the filing of a dependency
15 petition but before a dependency is established under RCW 13.34.110;
16     (d) Mental health court, which may include participants with
17 developmental disabilities;
18     (e) DUI court;
19     (f) Veterans treatment court;
20     (g) Truancy court;
21     (h) Domestic violence court;
22     (i) Gambling court;
23     (j) Community court;
24     (k) Homeless court;
25     (l) Treatment, responsibility, and accountability on campus (Back
26 on TRAC) court.
27     NEW SECTION.    Sec. 10.   The legislature respectfully requests
28 that by November 1, 2026, the supreme court commission on children in
29 foster care's family well-being community collaborative work group
30 regarding the court process for child welfare cases without removal
31 provide a report to the appropriate committees of the legislature
32 describing the work group's recommendations.
33     NEW SECTION.   Sec. 11.   Subject to the availability of amounts
34 provided for this specific purpose, the department of children,
35 youth, and families shall contract with two existing parent-child
36 assistance program providers in high-need communities as defined by
37 the department of children, youth, and families to deliver additional
38 intensive case management and recovery support for pregnant and
  p. 22  HB 2497
1 parenting individuals involved in child welfare due to substance
2 abuse. The support provided in this section shall support at least 16
3 additional individuals in each high-need community for a total of at
4 least 32 additional individuals served.
  --- END ---
  p. 23  HB 2497