CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1194
Chapter 208, Laws of 2021
67th Legislature
2021 Regular Session
CHILD WELFARE PROCEEDINGS—PARENT-CHILD VISITATION
EFFECTIVE DATE: July 25, 2021
Passed by the House April 15, 2021 CERTIFICATE
Yeas 96 Nays 0
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1194 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 7, 2021
Yeas 49 Nays 0
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 10, 2021 3:04 PM FILED
May 10, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1194
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Appropriations (originally sponsored by Representatives
Ortiz-Self, Senn, Young, Santos, Callan, Morgan, Davis, and Harris-
Talley)
READ FIRST TIME 02/19/21.
1 AN ACT Relating to strengthening parent-child visitation during
2 child welfare proceedings; amending RCW 13.34.065, 13.34.136, and
3 13.34.138; and creating a new section.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 13.34.065 and 2019 c 172 s 11 are each amended to
6 read as follows:
7 (1)(a) When a child is taken into custody, the court shall hold a
8 shelter care hearing within ((seventy-two))72 hours, excluding
9 Saturdays, Sundays, and holidays. The primary purpose of the shelter
10 care hearing is to determine whether the child can be immediately and
11 safely returned home while the adjudication of the dependency is
12 pending.
13 (b) Any parent, guardian, or legal custodian who for good cause
14 is unable to attend the shelter care hearing may request that a
15 subsequent shelter care hearing be scheduled. The request shall be
16 made to the clerk of the court where the petition is filed prior to
17 the initial shelter care hearing. Upon the request of the parent, the
18 court shall schedule the hearing within ((seventy-two))72 hours of
19 the request, excluding Saturdays, Sundays, and holidays. The clerk
20 shall notify all other parties of the hearing by any reasonable
21 means.
p. 1 E2SHB 1194.SL
 1 (2)(a) If it is likely that the child will remain in shelter care
2 longer than ((seventy-two))72 hours, the department shall submit a
3 recommendation to the court as to the further need for shelter care
4 in all cases in which the child will remain in shelter care longer
5 than the ((seventy-two))72 hour period. In all other cases, the
6 recommendation shall be submitted by the juvenile court probation
7 counselor.
8 (b) All parties have the right to present testimony to the court
9 regarding the need or lack of need for shelter care.
10 (c) Hearsay evidence before the court regarding the need or lack
11 of need for shelter care must be supported by sworn testimony,
12 affidavit, or declaration of the person offering such evidence.
13 (3)(a) At the commencement of the hearing, the court shall notify
14 the parent, guardian, or custodian of the following:
15 (i) The parent, guardian, or custodian has the right to a shelter
16 care hearing;
17 (ii) The nature of the shelter care hearing, the rights of the
18 parents, and the proceedings that will follow; and
19 (iii) If the parent, guardian, or custodian is not represented by
20 counsel, the right to be represented. If the parent, guardian, or
21 custodian is indigent, the court shall appoint counsel as provided in
22 RCW 13.34.090; and
23 (b) If a parent, guardian, or legal custodian desires to waive
24 the shelter care hearing, the court shall determine, on the record
25 and with the parties present, whether such waiver is knowing and
26 voluntary. A parent may not waive his or her right to the shelter
27 care hearing unless he or she appears in court and the court
28 determines that the waiver is knowing and voluntary. Regardless of
29 whether the court accepts the parental waiver of the shelter care
30 hearing, the court must provide notice to the parents of their rights
31 required under (a) of this subsection and make the finding required
32 under subsection (4) of this section.
33 (4) At the shelter care hearing the court shall examine the need
34 for shelter care and inquire into the status of the case. The
35 paramount consideration for the court shall be the health, welfare,
36 and safety of the child. At a minimum, the court shall inquire into
37 the following:
38 (a) Whether the notice required under RCW 13.34.062 was given to
39 all known parents, guardians, or legal custodians of the child. The
40 court shall make an express finding as to whether the notice required
p. 2 E2SHB 1194.SL
 1 under RCW 13.34.062 was given to the parent, guardian, or legal
2 custodian. If actual notice was not given to the parent, guardian, or
3 legal custodian and the whereabouts of such person is known or can be
4 ascertained, the court shall order the department to make reasonable
5 efforts to advise the parent, guardian, or legal custodian of the
6 status of the case, including the date and time of any subsequent
7 hearings, and their rights under RCW 13.34.090;
8 (b) Whether the child can be safely returned home while the
9 adjudication of the dependency is pending;
10 (c) What efforts have been made to place the child with a
11 relative. The court shall ask the parents whether the department
12 discussed with them the placement of the child with a relative or
13 other suitable person described in RCW 13.34.130(1)(b) and shall
14 determine what efforts have been made toward such a placement;
15 (d) What services were provided to the family to prevent or
16 eliminate the need for removal of the child from the child's home. If
17 the dependency petition or other information before the court alleges
18 that homelessness or the lack of suitable housing was a significant
19 factor contributing to the removal of the child, the court shall
20 inquire as to whether housing assistance was provided to the family
21 to prevent or eliminate the need for removal of the child or
22 children;
23 (e) Is the placement proposed by the department the least
24 disruptive and most family-like setting that meets the needs of the
25 child;
26 (f) Whether it is in the best interest of the child to remain
27 enrolled in the school, developmental program, or child care the
28 child was in prior to placement and what efforts have been made to
29 maintain the child in the school, program, or child care if it would
30 be in the best interest of the child to remain in the same school,
31 program, or child care;
32 (g) Appointment of a guardian ad litem or attorney;
33 (h) Whether the child is or may be an Indian child as defined in
34 RCW 13.38.040, whether the provisions of the federal Indian child
35 welfare act or chapter 13.38 RCW apply, and whether there is
36 compliance with the federal Indian child welfare act and chapter
37 13.38 RCW, including notice to the child's tribe;
38 (i) Whether, as provided in RCW 26.44.063, restraining orders, or
39 orders expelling an allegedly abusive household member from the home
p. 3 E2SHB 1194.SL
 1 of a nonabusive parent, guardian, or legal custodian, will allow the
2 child to safely remain in the home;
3 (j) Whether any orders for examinations, evaluations, or
4 immediate services are needed. The court may not order a parent to
5 undergo examinations, evaluation, or services at the shelter care
6 hearing unless the parent agrees to the examination, evaluation, or
7 service;
8 (k) The terms and conditions for parental, sibling, and family
9 visitation.
10 (5)(a) The court shall release a child alleged to be dependent to
11 the care, custody, and control of the child's parent, guardian, or
12 legal custodian unless the court finds there is reasonable cause to
13 believe that:
14 (i) After consideration of the specific services that have been
15 provided, reasonable efforts have been made to prevent or eliminate
16 the need for removal of the child from the child's home and to make
17 it possible for the child to return home; and
18 (ii)(A) The child has no parent, guardian, or legal custodian to
19 provide supervision and care for such child; or
20 (B) The release of such child would present a serious threat of
21 substantial harm to such child, notwithstanding an order entered
22 pursuant to RCW 26.44.063; or
23 (C) The parent, guardian, or custodian to whom the child could be
24 released has been charged with violating RCW 9A.40.060 or 9A.40.070.
25 (b) If the court does not release the child to his or her parent,
26 guardian, or legal custodian, the court shall order placement with a
27 relative or other suitable person as described in RCW
28 13.34.130(1)(b), unless there is reasonable cause to believe the
29 health, safety, or welfare of the child would be jeopardized or that
30 the efforts to reunite the parent and child will be hindered. If such
31 relative or other suitable person appears otherwise suitable and
32 competent to provide care and treatment, the fingerprint-based
33 background check need not be completed before placement, but as soon
34 as possible after placement. The court must also determine whether
35 placement with the relative or other suitable person is in the
36 child's best interests. The relative or other suitable person must be
37 willing and available to:
38 (i) Care for the child and be able to meet any special needs of
39 the child;
p. 4 E2SHB 1194.SL
 1 (ii) Facilitate the child's visitation with siblings, if such
2 visitation is part of the department's plan or is ordered by the
3 court; and
4 (iii) Cooperate with the department in providing necessary
5 background checks and home studies.
6 (c) If the child was not initially placed with a relative or
7 other suitable person, and the court does not release the child to
8 his or her parent, guardian, or legal custodian, the department shall
9 make reasonable efforts to locate a relative or other suitable person
10 pursuant to RCW 13.34.060(1). In determining placement, the court
11 shall weigh the child's length of stay and attachment to the current
12 provider in determining what is in the best interest of the child.
13 (d) If a relative or other suitable person is not available, the
14 court shall order continued shelter care and shall set forth its
15 reasons for the order. If the court orders placement of the child
16 with a person not related to the child and not licensed to provide
17 foster care, the placement is subject to all terms and conditions of
18 this section that apply to relative placements.
19 (e) Any placement with a relative, or other suitable person
20 approved by the court pursuant to this section, shall be contingent
21 upon cooperation with the department's or agency's case plan and
22 compliance with court orders related to the care and supervision of
23 the child including, but not limited to, court orders regarding
24 parent-child contacts, sibling contacts, and any other conditions
25 imposed by the court. Noncompliance with the case plan or court order
26 is grounds for removal of the child from the home of the relative or
27 other suitable person, subject to review by the court.
28 (f) If the child is placed in a qualified residential treatment
29 program as defined in this chapter, the court shall, within
30 ((sixty))60 days of placement, hold a hearing to:
31 (i) Consider the assessment required under RCW 13.34.420 and
32 submitted as part of the department's social study, and any related
33 documentation;
34 (ii) Determine whether placement in foster care can meet the
35 child's needs or if placement in another available placement setting
36 best meets the child's needs in the least restrictive environment;
37 and
38 (iii) Approve or disapprove the child's placement in the
39 qualified residential treatment program.
p. 5 E2SHB 1194.SL
 1 (g) Uncertainty by a parent, guardian, legal custodian, relative,
2 or other suitable person that the alleged abuser has in fact abused
3 the child shall not, alone, be the basis upon which a child is
4 removed from the care of a parent, guardian, or legal custodian under
5 (a) of this subsection, nor shall it be a basis, alone, to preclude
6 placement with a relative or other suitable person under (b) of this
7 subsection.
8 (6)(a) A shelter care order issued pursuant to this section shall
9 include the requirement for a case conference as provided in RCW
10 13.34.067. However, if the parent is not present at the shelter care
11 hearing, or does not agree to the case conference, the court shall
12 not include the requirement for the case conference in the shelter
13 care order.
14 (b) If the court orders a case conference, the shelter care order
15 shall include notice to all parties and establish the date, time, and
16 location of the case conference which shall be no later than
17 ((thirty))30 days before the fact-finding hearing.
18 (c) The court may order another conference, case staffing, or
19 hearing as an alternative to the case conference required under RCW
20 13.34.067 so long as the conference, case staffing, or hearing
21 ordered by the court meets all requirements under RCW 13.34.067,
22 including the requirement of a written agreement specifying the
23 services to be provided to the parent.
24 (7)(a)(i) A shelter care order issued pursuant to this section
25 may be amended at any time with notice and hearing thereon. The
26 shelter care decision of placement shall be modified only upon a
27 showing of change in circumstances. No child may be placed in shelter
28 care for longer than thirty days without an order, signed by the
29 judge, authorizing continued shelter care.
30 (ii) If the court previously ordered that visitation between a
31 parent and child be supervised or monitored, there shall be a
32 presumption that such supervision or monitoring will no longer be
33 necessary following a continued shelter care order under (a)(i) of
34 this subsection. To overcome this presumption, a party must provide a
35 report to the court including evidence establishing that removing
36 visit supervision or monitoring would create a risk to the child's
37 safety, and the court shall make a determination as to whether visit
38 supervision or monitoring must continue.
39 (b)(i) An order releasing the child on any conditions specified
40 in this section may at any time be amended, with notice and hearing
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 1 thereon, so as to return the child to shelter care for failure of the
2 parties to conform to the conditions originally imposed.
3 (ii) The court shall consider whether nonconformance with any
4 conditions resulted from circumstances beyond the control of the
5 parent, guardian, or legal custodian and give weight to that fact
6 before ordering return of the child to shelter care.
7 (8)(a) If a child is returned home from shelter care a second
8 time in the case, or if the supervisor of the caseworker deems it
9 necessary, the multidisciplinary team may be reconvened.
10 (b) If a child is returned home from shelter care a second time
11 in the case a law enforcement officer must be present and file a
12 report to the department.
13 (9)(a) If a child is placed out of the home of a parent,
14 guardian, or legal custodian following a shelter care hearing, the
15 court shall order the petitioner to provide regular visitation with
16 the parent, guardian, or legal custodian, and siblings. Early,
17 consistent, and frequent visitation is crucial for maintaining
18 parent-child relationships and allowing family reunification. The
19 court shall order a visitation plan individualized to the needs of
20 the family with a goal of providing the maximum parent, child, and
21 sibling contact possible.
22 (b) Visitation under this subsection shall not be limited as a
23 sanction for a parent's failure to comply with recommended services
24 during shelter care.
25 (c) Visitation under this subsection may only be limited where
26 necessary to ensure the health, safety, or welfare of the child.
27 (d) The first visit must take place with