In Washington, lawmakers are grappling with whether to amend a state law that critics argue has contributed to a troubling increase in deaths and serious injuries among children within the child welfare system. As of June, at least 92 children had either died or come close to death, according to a report from the state’s Office of the Family and Children’s Ombuds. These figures represent only the cases known to the Department of Children, Youth, and Families, including incidents not directly linked to abuse or neglect.
The law in question raised the threshold for removing children from their parents, emphasizing the importance of keeping children with relatives if they must be taken from their homes due to abuse or neglect. Its intent was to prevent poverty from being a reason for child separation and to mitigate the trauma associated with family separation.
Currently, the state mandates “safe child consults” for all child welfare cases involving opioid use and children under three years old. These assessments help determine whether a child can safely return home or if a judge should be petitioned for alternate care. Additionally, caseworkers handling neglect and complex medical cases are receiving enhanced training.
Republican lawmakers argue that the law is leaving children in dangerous situations, and some Democrats are also expressing concerns about whether adjustments are necessary. However, the original sponsor of the 2021 law, known as the Keeping Families Together Act, defends her legislation, asserting it is not responsible for the recent spike in incidents.
In a move that has frustrated Republicans, the state recently withdrew support for a facility in Kent designed to care for drug-exposed infants. The head of Washington’s child welfare agency acknowledged the limitations of policy, stating, “I’ve learned how blunt of an instrument policy is,” emphasizing its inability to fully resolve complex cases.
In response, Couture, a lawmaker, introduced a bill during the latest legislative session aimed at lowering the threshold for child removal. Currently, the state must demonstrate that a child is at risk of “imminent physical harm.” Couture’s proposal would alter this to “imminent or serious physical harm” and require authorities to presume that children need to be removed if a parent or guardian’s use of any Schedule I or II drug (excluding cannabis) poses a risk of exposure to the child. To regain custody, parents would need to demonstrate six months of sobriety or provide drug testing results.
The Department of Children, Youth, and Families has voiced opposition to the proposal, arguing that it could hinder family reunification even when it is safe for children to return home.
Since the implementation of the Keeping Families Together law in mid-2023, the number of children entering the state’s child welfare system has remained relatively stable. In fiscal year 2023, approximately 3,300 children were removed from their parents, with that number slightly decreasing to about 3,180 in the following fiscal year. However, fiscal year 2024 saw a significant drop in entries into the welfare system, falling to just over 2,800. This decline occurred because the law did not initially account for the presence of opioids in decisions regarding foster care placements. Lawmakers addressed this issue in 2024, instructing courts to give considerable weight to this risk, leading to a subsequent increase in removals.
