CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1227
Chapter 211, Laws of 2021
67th Legislature
2021 Regular Session
CHILD ABUSE OR NEGLECT ALLEGATIONS—FAMILY RIGHTS
EFFECTIVE DATE: July 25, 2021—Except for sections 1 through 10,
which take effect July 1, 2023.
Passed by the House April 15, 2021 CERTIFICATE
Yeas 87 Nays 9
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 1227 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 7, 2021
Yeas 48 Nays 1
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 10, 2021 3:07 PM FILED
May 10, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1227
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, Callan, Senn, Dolan, Fitzgibbon, Ramos, Davis, Santos,
Macri, Gregerson, Young, and Ormsby)
READ FIRST TIME 02/19/21.
1 AN ACT Relating to protecting the rights of families responding
2 to allegations of abuse or neglect of a child; amending RCW
3 13.34.040, 26.44.056, 26.44.050, 13.34.050, 13.34.062, 13.34.060,
4 13.34.065, and 13.34.090; creating new sections; and providing an
5 effective date.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. This act may be known and cited as the
8 keeping families together act.
9 NEW SECTION. Sec. 2. (1) The legislature recognizes that
10 children and families are better served when the state provides
11 support to allow children to be cared for by their loved ones and in
12 their communities. The legislature finds that decades of research
13 show that Black and Indigenous children are still disproportionately
14 removed from their families and communities despite reform efforts.
15 (2) For these reasons, it is the intent of the legislature to
16 safely reduce the number of children in foster care and reduce racial
17 bias in the system by applying a standard criteria for determining
18 whether to remove a child from a parent when necessary to prevent
19 imminent physical harm to the child due to child abuse or neglect,
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1 including that which results from sexual abuse, sexual exploitation,
2 or a pattern of severe neglect.
3 Sec. 3. RCW 13.34.040 and 2018 c 17 s 1 are each amended to read
4 as follows:
5 (1) Any person may file with the clerk of the superior court a
6 petition showing that there is within the county, or residing within
7 the county, a dependent child and requesting that the superior court
8 deal with such child as provided in this chapter. There shall be no
9 fee for filing such petitions.
10 (2) Except where the department is the petitioner, in counties
11 having paid probation officers, these officers shall, to the extent
12 possible, first determine if a petition is reasonably justifiable.
13 ((Each petition shall be verified and contain a statement of facts
14 constituting a dependency, and the names and residence, if known to
15 the petitioner, of the parents, guardian, or custodian of the alleged
16 dependent child.))
17 (3) Every petition filed in proceedings under this chapter shall
18 contain a statement alleging whether there is a reason to know that
19 the child is or may be an Indian child as defined in RCW 13.38.040.
20 If there is a reason to know that the child is or may be an Indian
21 child chapter 13.38 RCW shall apply.
22 (4) Every order or decree entered under this chapter shall
23 contain a finding that the federal Indian child welfare act or
24 chapter 13.38 RCW does or does not apply. Where there is a finding
25 that the federal Indian child welfare act or chapter 13.38 RCW does
26 apply, the decree or order must also contain a finding that all
27 notice requirements and evidentiary requirements under the federal
28 Indian child welfare act and chapter 13.38 RCW have been satisfied.
29 (5) Each petition shall be verified and contain a statement
30 constituting a dependency, including the names, residence, and
31 contact information, if known to the petitioner, of each parent,
32 guardian, or custodian of the alleged dependent child. If the
33 petitioner is seeking removal of the child from a parent, guardian,
34 or custodian the petition shall contain a clear and specific
35 statement as to the harm that will occur if the child remains in the
36 care of the parent, guardian, or custodian, and the facts that
37 support that conclusion.
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 1 Sec. 4. RCW 26.44.056 and 1983 c 246 s 3 are each amended to
2 read as follows:
3 (1) An administrator of a hospital or similar institution or any
4 physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may
5 detain a child without consent of a person legally responsible for
6 the child whether or not medical treatment is required, if ((the
7 circumstances or conditions of the child are such that the detaining
8 individual has reasonable cause to believe that permitting the child
9 to continue in his or her place of residence or in the care and
10 custody of the parent, guardian, custodian or other person legally
11 responsible for the child's care would present an imminent danger to
12 that child's safety)) there is probable cause to believe that
13 detaining the child is necessary to prevent imminent physical harm to
14 the child due to child abuse or neglect, including that which results
15 from sexual abuse, sexual exploitation, or a pattern of severe
16 neglect, and the child would be seriously injured or could not be
17 taken into custody if it were necessary to first obtain a court order
18 under RCW 13.34.050: PROVIDED, That such administrator or physician
19 shall notify or cause to be notified the appropriate law enforcement
20 agency or child protective services pursuant to RCW 26.44.040. Such
21 notification shall be made as soon as possible and in no case longer
22 than seventy-two hours. Such temporary protective custody by an
23 administrator or doctor shall not be deemed an arrest. Child
24 protective services may detain the child until the court assumes
25 custody, but in no case longer than seventy-two hours, excluding
26 Saturdays, Sundays, and holidays.
27 (2) ((Whenever an administrator or physician has reasonable cause
28 to believe that a child would be in imminent danger if released to a
29 parent, guardian, custodian, or other person or is in imminent danger
30 if left in the custody of a parent, guardian, custodian, or other
31 person, the administrator or physician may notify a law enforcement
32 agency and the law enforcement agency shall take the child into
33 custody or cause the child to be taken into custody. The law
34 enforcement agency shall release the child to the custody of child
35 protective services. Child protective services shall detain the child
36 until the court assumes custody or upon a documented and
37 substantiated record that in the professional judgment of the child
38 protective services the child's safety will not be endangered if the
39 child is returned. If the child is returned, the department shall
40 establish a six-month plan to monitor and assure the continued safety
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1 of the child's life or health. The monitoring period may be extended
2 for good cause.
3 (3))) A child protective services employee, an administrator,
4 doctor, or law enforcement officer shall not be held liable in any
5 civil action for the decision for taking the child into custody, if
6 done in good faith under this section.
7 Sec. 5. RCW 26.44.050 and 2020 c 71 s 1 are each amended to read
8 as follows:
9 Except as provided in RCW 26.44.030(((11))) (12), upon the
10 receipt of a report alleging that abuse or neglect has occurred, the
11 law enforcement agency or the department must investigate and provide
12 the protective services section with a report in accordance with
13 chapter 74.13 RCW, and where necessary to refer such report to the
14 court.
15 A law enforcement officer may take, or cause to be taken, a child
16 into custody without a court order if there is probable cause to
17 believe that ((the child is abused or neglected and that the child
18 would be)) taking the child into custody is necessary to prevent
19 imminent physical harm to the child due to child abuse or neglect,
20 including that which results from sexual abuse, sexual exploitation,
21 or a pattern of severe neglect, and the child would be seriously
22 injured or could not be taken into custody if it were necessary to
23 first obtain a court order pursuant to RCW 13.34.050. The law
24 enforcement agency or the department investigating such a report is
25 hereby authorized to photograph such a child for the purpose of
26 providing documentary evidence of the physical condition of the
27 child.
28 Sec. 6. RCW 13.34.050 and 2005 c 512 s 9 are each amended to
29 read as follows:
30 (1) The court may enter an order directing a law enforcement
31 officer, probation counselor, or child protective services official
32 to take a child into custody if: (a) A petition is filed with the
33 juvenile court ((alleging)) with sufficient corroborating evidence to
34 establish that the child is dependent ((and that the child's health,
35 safety, and welfare will be seriously endangered if not taken into
36 custody)); (b) the allegations contained in the petition, if true,
37 establish that there are reasonable grounds to believe that removal
38 is necessary to prevent imminent physical harm to the child due to
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 1 child abuse or neglect, including that which results from sexual
2 abuse, sexual exploitation, or a pattern of severe neglect; and (c)
3 an affidavit or declaration is filed by the department in support of
4 the petition setting forth specific factual information evidencing
5 ((reasonable grounds that the child's health, safety, and welfare
6 will be seriously endangered if not taken into custody and at least
7 one of the grounds set forth demonstrates a risk of imminent harm to
8 the child. "Imminent harm" for purposes of this section shall
9 include, but not be limited to, circumstances of sexual abuse, sexual
10 exploitation as defined in RCW 26.44.020, and a parent's failure to
11 perform basic parental functions, obligations, and duties as the
12 result of substance abuse; and (c) the court finds reasonable grounds
13 to believe the child is dependent and that the child's health,
14 safety, and welfare will be seriously endangered if not taken into
15 custody)) insufficient time to serve a parent with a dependency
16 petition and hold a hearing prior to removal.
17 (2) Any petition that does not have the necessary affidavit or
18 declaration demonstrating a risk of imminent harm requires that the
19 parents are provided notice and an opportunity to be heard before the
20 order may be entered.
21 (3) The petition and supporting documentation must be served on
22 the parent, and if the child is in custody at the time the child is
23 removed, on the entity with custody other than the parent. If the
24 court orders that a child be taken into custody under subsection (1)
25 of this section, the petition and supporting documentation must be
26 served on the parent at the time of the child's removal unless, after
27 diligent efforts, the parents cannot be located at the time of
28 removal. If the parent is not served at the time of removal, the
29 department shall make diligent efforts to personally serve the
30 parent. Failure to effect service does not invalidate the petition if
31 service was attempted and the parent could not be found.
32 Sec. 7. RCW 13.34.062 and 2020 c 312 s 115 are each amended to
33 read as follows:
34 (1)(a) Whenever a child is taken into custody by child protective
35 services pursuant to a court order issued under RCW 13.34.050 or when
36 child protective services is notified that a child has been taken
37 into custody pursuant to RCW 26.44.050 or 26.44.056, child protective
38 services shall make ((reasonable)) diligent efforts to inform the
39 parent, guardian, or legal custodian of the fact that the child has
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 1 been taken into custody, the reasons why the child was taken into
2 custody, and their legal rights under this title, including the right
3 to a shelter care hearing, as soon as possible. Notice must be
4 provided in an understandable manner and take into consideration the
5 parent's, guardian's, or legal custodian's primary language, level of
6 education, and cultural issues.
7 (b) In no event shall the notice required by this section be
8 provided to the parent, guardian, or legal custodian more than
9 twenty-four hours after the child has been taken into custody or
10 twenty-four hours after child protective services has been notified
11 that the child has been taken into custody.
12 (2)(a) The notice of custody and rights may be given by any means
13 reasonably certain of notifying the parents including, but not
14 limited to, written, telephone, or in person oral notification. If
15 the initial notification is provided by a means other than writing,
16 child protective services shall make reasonable efforts to also
17 provide written notification.
18 (b) The written notice of custody and rights required by this
19 section shall be in substantially the following form:
20 "NOTICE
21 Your child has been placed in temporary custody under the
22 supervision of Child Protective Services (or other person or agency).
23 You have important legal rights and you must take steps to protect
24 your interests.
25 1. A court hearing will be held before a judge within 72 hours of
26 the time your child is taken into custody excluding Saturdays,
27 Sundays, and holidays. You should call the court at . . . (insert
28 appropriate phone number here) for specific information about the
29 date, time, and location of the court hearing.
30 2. You have the right to have a lawyer represent you at the
31 hearing. Your right to representation continues after the shelter
32 care hearing. You have the right to records the department intends to
33 rely upon. A lawyer can look at the files in your case, talk to child
34 protective services and other agencies, tell you about the law, help
35 you understand your rights, and help you at hearings. If you cannot
36 afford a lawyer, the court will appoint one to represent you. To get
37 a court-appointed lawyer you must contact: . . . (explain local
38 procedure).
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 1 3. At the hearing, you have the right to speak on your own
2 behalf, to introduce evidence, to examine witnesses, and to receive a
3 decision based solely on the evidence presented to the judge.
4 4. If your hearing occurs before a court commissioner, you have
5 the right to have the decision of the court commissioner reviewed by
6 a superior court judge. To obtain that review, you must, within ten
7 days after the entry of the decision of the court commissioner, file
8 with the court a motion for revision of the decision, as provided in
9 RCW 2.24.050.
10 You should be present at any shelter care hearing. If you do not
11 come, the judge will not hear what you have to say.
12 You may call the Child Protective Services' caseworker for more
13 information about your child. The caseworker's name and telephone
14 number are: . . . (insert name and telephone number).
15 5. You have a right to a case conference to develop a written
16 service agreement following the shelter care hearing. The service
17 agreement may not conflict with the court's order of shelter care.
18 You may request that a multidisciplinary team, family group
19 conference, or prognostic staffing be convened for your child's case.
20 You may participate in these processes with your counsel present.
21 6. If your child is placed in the custody of the department of
22 children, youth, and families or other ((supervising)) agency,
23 immediately following the shelter care hearing, the court will enter
24 an order granting the department or other ((supervising)) agency the
25 right to inspect and copy all health, medical, mental health, and
26 education records of the