| Momentum Bucket | Viable |
| Legal Title | AN ACT Relating to maintaining the safety of children; |
| Bill Description | Maintaining the safety of children. |
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What this bill does
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House Bill 1092 (H-0196.1, 69th Legislature, 2025) amends multiple existing Washington statutes governing child dependency, shelter care, child protective services, and mandated reporting (including amendments to RCW 13.34.050, 13.34.065, 13.34.130, and sections of RCW 26.44). It is a set of modifications to existing law that changes removal standards, placement preferences, hearing and notice procedures, investigation and reporting timelines, and evidentiary and case‑planning requirements.
Substantive legal changes include adding parental use or possession of Schedule I or II controlled substances (other than cannabis), when not prescribed, as grounds supporting reasonable cause for removal and establishing a rebuttable presumption that removal is necessary when such use or failure to protect creates a risk of exposure to the child. The bill requires the department to document at least six months of sobriety by providing at least twice‑monthly random drug or alcohol testing before returning a child removed for risk of exposure to those substances. It also makes procedural changes: shelter care hearings must occur within 72 hours (excluding weekends/holidays) with continuation and additional hearing procedures; no child may remain in shelter care more than 30 days without a judge‑signed order; first parent visitation generally must occur within 72 hours of custody; placement preference is clarified in favor of relatives or other suitable persons with specific timelines for background checks and licensing; and courts must hold a hearing within 60 days for certain residential treatment placements.
The bill revises reporting and investigative procedures and protections: it lists and clarifies mandated reporters and reporting timeframes (including 24‑ or 72‑hour notifications and five‑day written followups), authorizes hospital physicians or administrators and law enforcement to detain a child without consent for limited periods to prevent imminent harm, permits photographing a child’s condition during an investigation, distinguishes family assessment responses from investigations (with different timeframes and confidentiality rules), provides departmental immunity for certain decisions, requires public posting of reporting requirements, and makes unauthorized further dissemination of exchanged information a misdemeanor in specified circumstances.
Several details are not fully available in the provided excerpts: the statutory identity of “the department” is not specified here, some referenced amendments and definitions (for example, the precise amendments to RCW 13.34.130, 26.44.050, 26.44.056, 26.44.030, the definition of “high‑potency synthetic opioid,” and certain chapter definitions such as “qualified residential treatment program” and “suitable person”) are not included, and multiple passages cut off mid‑provision.
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Why it matters
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If enacted, the bill makes it easier for child welfare authorities, law enforcement, and hospitals to remove a child when a caregiver is using or has access to Schedule I or II drugs (not including cannabis), creates a rebuttable presumption that removal is necessary in those situations, and requires parents to show six months of documented sobriety (random tests at least twice a month) before a child is returned. It also tightens timelines and procedures: shelter care hearings must occur within 72 hours (excluding weekends/holidays), first visitation must generally occur within 72 hours of department custody, no child may remain in shelter care more than 30 days without a judge’s order, relatives or suitable persons are given placement preference and can be placed even if background checks are incomplete (with checks completed ASAP), and the department must begin licensure assessments for relatives seeking foster care within 10 days and start foster payments once a license is approved. The bill adds powers for law enforcement and medical administrators to detain children for imminent harm (including exposure to high‑potency synthetic opioids), formalizes investigation and family assessment timelines (investigations generally within 90 days; family assessments 45 days with limited extensions), limits recording of findings in family assessments, requires prompt notices to guardians ad litem and the ombuds office on repeat founded reports, and mandates workplace posting of reporting rules.
The people most affected will be parents who use Schedule I/II substances (who face quicker removal and a higher burden to regain custody), relatives and other kin who may be asked to provide rapid temporary care and who may receive faster access to licensure and payments, child welfare agencies and courts that must meet stricter hearing, reporting, background check, and testing deadlines (likely increasing staff workload and administrative costs), and law enforcement and medical facility staff given clearer authority—and liability protections—for emergency detentions. Some implementation details are unclear from the extracts provided, including the exact agency referenced as “the department” and how terms like “high‑potency synthetic opioid” are defined, so operational practices and cost estimates could change once those definitions and the other amended sections are fully specified.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/13/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $2,595,752.50 |
| CHILDREN |
| DOMESTIC RELATIONS |