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. 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.
While current data shows an overall 9.6% decrease in children entering foster care from July 2024 to November 2024 compared to the same time frame in 2022, King County and Pierce County have actually seen higher removals since HB 1227 implementation. This mirrors the increase in fentanyl usage in these communities, which is also the factor driving the increase in child fatality and near fatality cases.
“Over the past several years, the fentanyl epidemic has increased access to highly addictive, lethal substances, leading to an increase in child fatalities and near fatalities in the general population and in the child welfare system. This is not unique to Washington but, sadly, something child welfare agencies are witnessing across the country regardless of their removal standards,” said DCYF Secretary Tana Senn.
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.”
Harm Reduction Kits are just one of the many tools child welfare staff use to support families who struggle with substance use disorders. They were initially developed to meet parents and families where they are and provide immediate resources during face-to-face interactions. Highly potent synthetic opioids (HPSOs) are dangerous substances, but the biggest risk to children is accidentally ingesting the substance directly or putting the drug paraphernalia into their mouths. While these kits are not a substitute for safety planning, they serve as a critical tool to reduce the harmful effects of HPSOs, providing an opportunity for those in the household to lock up potentially harmful substances.
Each kit includes essential items, such as a lock box, fentanyl testing strips, naloxone, and educational materials to raise awareness about the dangers of synthetic opioids. By offering these resources, DCYF aims to reduce risk factors and create opportunities for families to access the support they need.
The harm reduction kits are also adaptable, allowing for the inclusion of additional resources that address other challenges impacting families. This flexibility encourages parents to engage with their community and seek further assistance as needed.
As of Nov. 13, 2024, more than 23,000 doses of Naloxone have been distributed since the Harm Reduction Kit initiative began, with 753 doses successfully reversing overdoses and saving lives.
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.
“Research shows that keeping children safely at home with their parents and avoiding the traumatic experience of removal is the best long-term option for kids. When there is a substance use concern, a multi-pronged approach is required, including treatment, community support, and tools to prevent accidental ingestion,” said Senn. “Though each case is different, the goal remains the same—to keep children safe and thriving in the short and long term.”