| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to addressing threats of harm to children by modifying the child removal standard related to another person's use or possession of a high-potency synthetic opioid; |
| Bill Description | Addressing threats of harm to children by modifying the child removal standard related to another person's use or possession of a high-potency synthetic opioid. |
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What this bill does
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This bill amends existing child welfare law (RCW 13.34.065 and RCW 13.34.130) and adds a new section to the chapter to change procedural standards for shelter care, removal, placement, and visitation in juvenile dependency cases. It does not create a new crime or change criminal penalties in the extracted text; instead it modifies removal and placement procedures and creates evidentiary presumptions and timing requirements for hearings and assessments.
Key changes established by the bill include a new, rebuttable presumption that removal is necessary when a parent's use or possession of a "high-potency synthetic opioid" (legislative findings identify fentanyl as such an opioid) or the parent's failure to protect a child from another person's use or possession of such an opioid creates a risk the child will be exposed to, ingest, inhale, or have contact with the opioid; a parent's promise to secure the opioid or use it only when the child is not present is expressly not sufficient to overcome that presumption. At a shelter care hearing the court must release the child to the parent, guardian, or legal custodian unless it finds reasonable cause to believe imminent physical harm will occur from certain specified conditions (including sexual abuse or exploitation, a high-potency synthetic opioid, or a pattern of severe neglect). The bill requires the court to inquire about prevention services and, where the risk involves a high-potency synthetic opioid, limits prevention services that would avoid removal to those immediately available and providing 24-hour supervision; a parent’s voluntary agreement to such services requires return to parent, but the court may not order services over parental objection.
The bill also changes placement and visitation procedures: it gives priority to placement with relatives or other suitable persons, allows placement with relatives before background checks are complete provided checks are completed promptly and reported to the court, requires the department to begin assessments for relative licensure within set timeframes and to start foster payments upon licensure approval, and requires hearings within 60 days for qualified residential treatment program placements. Visitation rules require an individualized plan, a first visit within 72 hours of department custody (unless extraordinary circumstances exist), that visitation not be limited as a sanction, and presumption favoring sibling contact. The department is shielded from civil liability for complying with placement orders described in the section.
The extracted text is incomplete in several respects: the formal statutory definition of "high-potency synthetic opioid" is not provided in these chunks, the identity of the referenced "department" is not specified here, the list of specific factors the court must consider if removal is found necessary is cut off, and the full amended text of RCW 13.34.130 and any deleted or bracketed language are not included, so some details and the precise scope of edits are uncertain.
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Why it matters
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If enacted, the bill makes it easier for courts to remove a child when a parent’s use or possession of a high‑potency synthetic opioid like fentanyl, or the parent’s failure to protect the child from someone else’s use/possession, creates a risk the child could be exposed, ingested, inhaled, or come into contact with the drug. Parents cannot defeat that presumption simply by promising to secure drugs or use them only away from the child, and the court must look first at immediately available prevention services that provide around‑the‑clock supervision; if a parent accepts those services the child must be placed with the parent. Families where a parent or household member uses such opioids are most affected because their children face a higher chance of removal, and parents have less room to avoid removal through promises alone.
Relatives and other nonparent caregivers are likely to see more placement opportunities, because the court must give strong weight to relative placement, allow relatives to care for children even while background checks or licensing are incomplete, and require the department to start home assessments quickly and begin foster payments once a relative is licensed. That shifts workload and timing pressures to the child‑welfare agency: it must do faster background checks, start assessments within set deadlines, report unqualified homes quickly, possibly provide financial or other supports to make homes safe, and face more court review of placement decisions. Those steps could increase agency costs and administrative burden, while providing relatives earlier financial support; the bill also protects agency employees from civil liability for complying with approved placements. Important details are unclear from the excerpt, including the formal definition of “high‑potency synthetic opioid,” the exact identity of “the department,” and some cut‑off provisions about court considerations and visitation, so implementation practices and specific costs remain partly uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/31/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $1,087,513.62 |
| JUVENILES AND JUVENILE COURT |