| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to providing a definition for imminent physical harm in the context of child welfare; |
| Bill Description | Providing a definition for imminent physical harm in the context of child welfare. |
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What this bill does
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This bill reenacts and amends RCW 13.34.030 (the definitions section of the child welfare chapter) to add a definition for "imminent physical harm" and to restate that the definitions in RCW 13.34.030 apply throughout chapter 13.34 unless a different context clearly requires. The bill is a statutory, definitional change to existing law rather than the creation of a new crime or an alteration of penalties.
The text also recodifies numerous definitions used in chapter 13.34, including terms such as abandoned, child/juvenile/youth, current placement episode, department (Department of Children, Youth, and Families), dependent child, developmental disability, guardian ad litem and guardian ad litem program, experiencing homelessness (tied to the McKinney-Vento Act as of 1/1/2021), extended foster care services, qualified residential treatment program, relative, supervised independent living setting, and others. Separate language describes that a "substantial risk of serious harm to the child's safety or well-being" may arise from conditions in the home, the caregiving environment, or caregiver conduct or omission and provides a non‑exhaustive list of circumstances that may constitute that risk (including physical abuse, emotional harm or neglect, exposure to unsafe conditions, failure to provide supervision or medical care, caregiver substance impairment, and presence or use of illicit substances).
The recorded bill action shows it was read for the first time on 01/15/26 and referred to the Committee on Early Learning & Human Services. The definition of "imminent physical harm" is incomplete in the available text, and it is unclear from the extracted material exactly where the "substantial risk" language is placed within the statute or how the new definition interacts with other procedural provisions elsewhere in the chapter.
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Why it matters
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If enacted, the bill adds and clarifies many definitions used in child welfare cases (for example who counts as a child, what counts as abandonment, what counts as experiencing homelessness, and what kinds of caregiver conduct or home conditions create a substantial risk of serious harm). Practically, courts, the Department of Children, Youth, and Families, guardian ad litem programs, and caseworkers will have clearer language to decide when a child is at risk, when to provide prevention or extended foster care services, and when to treat a parent as having abandoned a child (including a rebuttable presumption of abandonment after three months with no contact if due diligence is shown). Caregivers and parents showing substance impairment, illicit substance presence, lack of supervision, unsafe living conditions, or failure to meet basic needs will more clearly fall within the listed examples of “substantial risk,” making intervention or removal more likely in those situations.
The changes also tie program definitions to federal funding rules (Family First Prevention Services Act) and existing federal definitions (McKinney‑Vento, trafficking statutes), which could affect which services qualify for federal support and how residential programs are treated. Agencies that must determine developmental disability or classify high‑potency synthetic opioids (DSHS secretary, Pharmacy Quality Assurance Commission) remain implicated in those specialized determinations. The practical impact is greater clarity in who is eligible for prevention, foster or extended care services and clearer triggers for court action, but the key definition of “imminent physical harm” is incomplete in the provided text, so how that specific standard will be applied in practice and how it changes current thresholds is unclear.
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| Official Documents | View Full Bill Text |
| Representative Dent (Primary) |
| Representative Eslick |
| Representative Reeves |
| Representative Barnard |
| Hearing | House Early Learning & Human Services (Public) |