In 2021, the Washington State Legislature passed House Bill 1227 — the Keeping Families Together Act. The intent of the act was to safely reduce the number of children placed into foster care, reduce racial disproportionality in the child welfare system, and support relatives to take care of children when they must be placed out of home in order to protect their safety.
Since taking effect in July 2023, DCYF has been closely monitoring the implementation of HB 1227. Current data shows a 16.5% decrease in entries to care compared to the same period from last year. Data and analysis of the new law's impact on child safety do not support claims that the bill has led to the 44% increase in child fatalities and near fatalities.
“It is important to note the increase in child fatalities and near fatalities in Washington state is not being driven by the change in removal standards under HB 1227 or the reduction in the number of children in foster care,” said DCYF Secretary Ross Hunter. “It is being driven by the increased availability of a highly addictive and hazardous drug combined with a lack of SUD treatment in our communities.”
DCYF shares community concerns about the lethality of fentanyl and the dangers that parental use presents in child welfare cases, not just in Washington state but nationwide. This is why DCYF supported the passage of Senate Bill 6109 which clarified the need for courts to give great weight to the lethality of fentanyl and public health guidance on this dangerous drug.
“We believe Senate Bill 6109 is having its intended effect of supporting caseworkers and judicial officers to assess child safety when a parent’s use of fentanyl is a factor in the case,” said Natalie Green, Assistant Secretary of Child Welfare. “We don’t support making additional changes to removal standards this Legislative session. Having statutory removal standards change every year is not helpful to our staff, courts, families, and attorneys. What we do need is more access to SUD treatment for families, improved access to detox services, and medications for opioid use disorder.”
There are only five programs in Washington that provide residential substance use disorder treatment for pregnant and parenting individuals and their children with the capacity to serve only 121 clients. The statewide need for these programs is far greater.
“We hope to continue to partner with the Legislature, courts, treatment providers, communities, families, and foster parents to ensure that children can remain safe with their parents whenever possible and access the substance use disorder (SUD) resources they need,” said Hunter.