Keeping Families Together — Changes to Washington’s Child Protection System

An Overview with Resource List for Families and Professionals

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walawlibrary

6 min readOct 30, 2023

A girl who is wearing her hair pulled up on top of her head looks into the camera. She wears blue and yellow clothing and a necklace.

Washington’s child protection system has seen a lot of change in the last few years. A brand new state agency, the Department of Children, Youth & Families (DCYF) was created in 2017 to restructure state services provided to young persons and families with a focus on better outcomes and harm reduction. The former Department of Social and Health Services Children’s Administration which was responsible for foster care licensing, child welfare investigations, and child placement in dependency proceedings is now overseen by DCYF.

Four years after its creation, DCYF finalized a strategic and racial equity plan prioritizing the elimination of racial disproportionalities in the systems they administer and reducing the number of children in out-of-home care. State courts and the state legislature have also played recent roles in reforming the state’s child protection system.

In 2022 alone, Washington State appeals courts issued opinions in at least five dependency cases that impact Washington’s child protection system, clarifying the State’s role in keeping families together. Some of the cases cite to and address the disproportionate impact on children of color in the child welfare system (see In re Dependency of Q.S., 22 Wn. App. 2d 586 (2022) and In re Dependency of K.W., 199 Wn.2d 131 (2022)). A Washington Indian Child Welfare Act case, In re Dependency of J.M.W., 199 Wn.2d 837 (2022), was also decided, requiring DCYF to establish that it has taken active efforts to prevent breakup of a family before taking and keeping a Native child in shelter care. More child welfare cases can be found at the Office of Civil Legal Aid (OCLA) and the Family and Youth Justice Programs (FYJP) websites.

A man sits at the end of a table with a child in his lap. Some papers, microphones, and a glass of water are placed in front of him. He signs a paper with a pen while the child looks into the distance. A group of adults and children stand behind the man looking down and smiling. — Governor Jay Inslee signs 2017 HB 1661 creating the new Department of Children, Youth & Families (DCYF)

Legislative Changes

On July 1st of this year important changes to dependency laws went into effect. The legislation, known as the Keeping Families Together Act or HB 1227, raised the legal standard for removing a child from the home after a report of abuse or neglect. The standard now requires a showing that the removal is necessary to prevent imminent physical harm to the child.

The law also clarifies that when considering whether a child can be returned to the home during a shelter care hearing, “[t]he existence of community or family poverty, isolation, single parenthood, age of the parent, crowded or inadequate housing, substance abuse, prenatal drug or alcohol exposure, mental illness, disability or special needs of the parent or child, or nonconforming social behavior does not by itself constitute imminent physical harm.” Removal from the home also now requires that “[t]he evidence must show a causal relationship between the particular conditions in the home and imminent physical harm to the child.” The possible imminent physical harm to the child must outweigh the harm that will occur as a result of removal from the home.

To comply with the Keeping Families Together Act, dependency petitions now require a statement “alleging whether there is a reason to know that the child is or may be an Indian child” and “a clear and specific statement as to the harm that will occur if the child remains in the care of the parent, guardian, or custodian, and the facts that support that conclusion.” The act also prioritizes placement with relatives or suitable other persons and eases barriers to kinship placements. The Final Bill Report for the act summarizes all the changes to the law.

Other important legislative changes made to Washington’s child protection system in recent years include the following:

2021 House Bill 1194 — Made changes to Family Time visitation if a child is removed from the home following a shelter care hearing.

2021 House Bill 1219 — Set out new requirements for mandatory appointment of counsel for children in dependency proceedings.

2021 Senate Bill 5331 — Established statewide standards for Early Childhood Court Programs.

2022 House Bill 1747 — To promote stability for children, the law added a requirement for DCYF to “discuss guardianship as a permanent option for the child with the child’s parents and caregiver as an alternative to termination of parental rights and adoption.” Read more at the Children’s Home Society of Washington.

Washington’s 2019 child welfare racial disparity report shows disproportionate representation of certain racial groups in the child protection system. More recent data is available at the DCYF website

Following are web sites and self-help information for those who need assistance or want to learn more:

Laws, Regulations, and Court Rules

RCW 13.04, Basic Juvenile Court Act

RCW 13.34, Juvenile Court Act — Dependency and Termination of Parent-Child Relationship

RCW 13.38, Washington Indian Child Welfare Act

RCW 13.50, Keeping and Release of Records by Juvenile Justice or Care Agencies

RCW 26.44, Abuse of Children

RCW 74.13, Child Welfare Services

RCW 2.30, Therapeutic Courts

RCW 43.216, Department of Children, Youth, and Families

WAC 110, Department of Children, Youth, and Families

WAC 110–30, Child Protective Services

WAC 110–50, Child Welfare

WAC 110–110, Indian Child Welfare Service

25 USC 1901 and following, Indian Child Welfare

25 CFR Part 23, Indian Child Welfare Act

Federal Laws (Child Welfare Information Gateway)

Juvenile Court Rules (JuCR)

For Families

DCYF Services

DCYF Child Protective Services

DCYF Foster Parenting & Kinship Care

DCYF Indian Child Welfare

U.S. Indian Affairs Indian Child Welfare Act

Washington State Office of Public Defense Parents Representation Program

Washington LawHelp The Child Protection System (CPS): Know Your Rights

Washington LawHelp Non-parents Caring for Children: Know Your Rights

Washington LawHelp Foster Care: Know Your Rights

Washington LawHelp Family Law in Indian Country: Know Your Rights

Northwest Justice Project Native American Unit (legal help)

Options for Grandparents and Other Nonparental Caregivers: A Legal Guide for Washington State (Legal Voice)

Children’s Home Society of Washington Parents for Parents

The First Clinic

Help Me Grow Washington

ParentHelp 123 Resource Finder

Written for judicial officers, the Juvenile Non-Offender Benchbook is also an invaluable resource for families who want to to understand the dependency process