HB 2447 — Supporting children and families.
Last action — House Rules "X" file.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1505 added · 1122 removedPlain-language change summary
The latest version of Bill HB 2447 has made a few important adjustments. Notably, it has added specific references to the growing threat of opioids, particularly fentanyl, to child safety and highlighted recent trends in child fatalities linked to these substances within the child welfare system. This emphasis is crucial as it aims to enhance understanding and awareness among judges, social workers, and families regarding the dangers posed by highly potent synthetic opioids, ultimately guiding better protective measures for children. Additionally, some sections in the previous version have been removed, streamlining the focus of the bill on addressing opioid-related risks to children.
H-3037.1H-2747.1 SUBSTITUTE HOUSE BILL 2447 State of Washington 68th Legislature 2024 Regular Session By House Human Services, Youth, & Early Learning (originally sponsored by Representatives Senn, Callan, Ramel, and Pollet)Pollet READRead FIRSTfirst TIMEtime 01/31/24.01/22/24.
Referred to Committee on Human Services, Youth, & Early Learning.
amending RCW 13.34.050, 13.34.130, 26.44.050, 26.44.056, 26.44.030, and 2.56.230;
adding a new section to chapter 13.34 RCW;
adding a new section to chapter 43.330 RCW;
and creating a new sections;section.
and providing expiration dates.
(1) The legislature finds that since 2018 there has been a significant increase in the number of child fatalities and near fatalities involving fentanyl.fentanyl within 12 months of the family's involvement in the child welfare system in Washington.
Fentanyl is a high-potencyhigh potency synthetic opioid and, according to the centers for disease control and prevention, is 50 times more potent than heroin and 100 times more potentp. than morphine.
Even1 inHB very2447 smallpotent quantitiesthan high-potencymorphine. synthetic opioids may be lethal to a child.
p.Even in very small quantities high potency synthetic opioids may be lethal to a child.
1 SHB 2447 (3) The legislature intendsfinds tothat providewhen claritya toparent, judges,guardian, socialor workers,legal advocates,custodian's anduse familiesof abouta thehigh safetypotency threatsynthetic opioid, possession of a high potency synthetic opioid, or action creates a risk that highlya potentchild will be harmed from exposure to, ingestion, inhalation, or contact with a high potency synthetic opioidsopioid, posea tochild vulnerablemay children.be at risk of imminent physical harm.
(4) The legislature declaresintends thatto publicprovide healthclarity guidanceto regardingjudges, thesocial lethalityworkers, ofadvocates, highlyand potentfamilies syntheticand opioidsdirect shouldguidance beabout giventhe greatsafety weightthreat inthat determininghighly whetherpotent asynthetic childopioids ispose atto riskvulnerable ofchildren. imminent physical harm as a result of abuse or neglect.
(4) The legislature recognizesdeclares that the challengespresence foror recoveryexposure andof rehabilitationhighly regardingpotent opioidsynthetic useopioids andshould resolvesbe togiven increasegreat servicesweight andin supports.determining whether a child is at risk of imminent physical harm as a result of abuse or neglect.
(5) The legislature recognizes the challenges for recovery and rehabilitation regarding opioid use and resolves to increase services and supports.
(5)PART TheI legislatureHIGH-POTENCY recognizesSYNTHETIC thatOPIOIDS supportingAND familiesCHILD inWELFARE crisisNEW withSECTION. interventions and services, including preventative services, voluntary services, and family assessment response, minimizes child trauma from further child welfare involvement and strengthens families.
PART I HIGH-POTENCY SYNTHETIC OPIOIDS AND CHILD WELFARE Sec.
A new section is added to chapter 13.34 RCW to read as follows:
The court shall give great weight to the lethality of a high potency synthetic opioid when a parent, guardian, or legal custodian's use of a high potency synthetic opioid, possession of a high potency synthetic opioid, or action creates a risk that a child will be harmed from exposure to, ingestion, inhalation, or contact with a high potency synthetic opioid when determining:
(1) Whether to issue an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody when a dependency petition is filed;
(2) Whether placing or maintaining a child in shelter care is necessary to prevent imminent physical harm to a child;
(3) Whether a parent, guardian, or legal custodian's participation in any prevention services would prevent or eliminate the need for the child's removal;
p.
2 HB 2447 (4) Whether a parent, guardian, or legal custodian is available to care for the child under RCW 13.34.130(6)(a);
or (5) Whether a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home under RCW 13.34.130(6)(c).
Sec.
102.
A youth who remains dependent and who receives extended foster care services under RCW p.74.13.031 shall not be considered a "child" under any other statute or for any other purpose.
2 SHB 2447 74.13.031 shall not be considered a "child" under any other statute or for any other purpose.
(6)p. "Dependent child" means any child who:
3 HB 2447 (6) "Dependent child" means any child who:
(9) "Experiencing homelessness" means lacking a fixed, regular, and adequate nighttime residence, including circumstances such as sharing the housing of other persons due to loss of housing, economic p.hardship, fleeing domestic violence, or a similar reason as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 1, 2021.
3 SHB 2447 hardship, fleeing domestic violence, or a similar reason as described in the federal McKinney-Vento homeless assistance act (Title 42 U.S.C., chapter 119, subchapter I) as it existed on January 1, 2021.
(12)p. "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter.
4 HB 2447 (12) "Guardian ad litem" means a person, appointed by the court to represent the best interests of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter.
(15) "High-potency"High potency synthetic opioid"opioids" means anillicitly used or unprescribed synthetic opioidopioids classified as a schedule I or II controlled substance or controlled substance analog in chapter 69.50 RCW and federal law or listed by the pharmacy quality assurance commission in rule including, but not limited to, fentanyl.
p.(16) "Housing assistance" means appropriate referrals by the department or other agencies to federal, state, local, or private agencies or organizations, assistance with forms, applications, or financial subsidies or other monetary assistance for housing.
4 SHB 2447 (16) "Housing assistance" means appropriate referrals by the department or other agencies to federal, state, local, or private agencies or organizations, assistance with forms, applications, or financial subsidies or other monetary assistance for housing.
or (b)p. Involuntarily committed to a public mental health facility;
5 HB 2447 (b) Involuntarily committed to a public mental health facility;
Show all 354 changed lines (314 more)
(((20))) (21) "Prevention and family services and programs" means specific mental health prevention and treatment services, substance p.abuse prevention and treatment services, and in-home parent skill- based programs that qualify for federal funding under the federal family first prevention services act, P.L.
5 SHB 2447 abuse prevention and treatment services, and in-home parent skill- based programs that qualify for federal funding under the federal family first prevention services act, P.L.
(((22))) (23) "Qualified residential treatment program" means a program that meets the requirements provided in RCW 13.34.420, qualifies for funding under the family first prevention services act underp. 42 U.S.C.
6 HB 2447 under 42 U.S.C.
672672(k), (k), and, if located within Washington state, is licensed as a group care facility under chapter 74.15 RCW.
p.(((24))) (25) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.
6 SHB 2447 (((24))) (25) "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to RCW 74.15.030.
(((28)))p. (29) "Voluntary placement agreement" means, for the purposes of extended foster care services, a written voluntary agreement between a nonminor dependent who agrees to submit to the care and authority of the department for the purposes of participating in the extended foster care program.
7 HB 2447 (((28))) (29) "Voluntary placement agreement" means, for the purposes of extended foster care services, a written voluntary agreement between a nonminor dependent who agrees to submit to the care and authority of the department for the purposes of participating in the extended foster care program.
102.103.
(1)(1)(a) The court may enter an order directing a law enforcement officer, probation counselor, or child protective services official to take a child into custody if:
(a)(((a))) (i) A petition is filed with the juvenile court with sufficient corroborating evidence to establish that the child is dependent;
(b)(((b))) ((the(ii) the allegations contained in the petition, if true, establish that there are reasonable grounds to believe that removal is necessary to prevent imminent physical harm to the child due to child abuse or neglect,neglect ((, including that which results from sexual abuse, sexual exploitation, or a pattern of severe neglect;neglect));
and (c)))(((c))) (iii) an affidavit or declaration is filed by the department in support of the petition setting forth specific factual information evidencing insufficient time to serve a parent with a dependency petition and hold a hearing prior to removal;removal.
and(b) (c)The thechild allegationsabuse containedor inneglect establishing the petition,basis iffor true,a establishdetermination thatof thereimminent arephysical reasonableharm groundsunder to(a) believeof thatthis removalsubsection ismay necessaryinclude, tobut preventis imminentnot physicallimited harmto, to the child due to child abuse or neglect,neglect includingresulting thatfrom: which results from sexual abuse, sexual p.
7(i) SHBSexual 2447abuse; exploitation, a pattern of severe neglect, or a high-potency synthetic opioid.
The(ii) courtSexual shallexploitation; give great weight to the lethality of high-potency synthetic opioids and public health guidance related to high-potency synthetic opioids.
(iii) A high-potency synthetic opioid;
or (iv) A pattern of severe neglect.
(c) The court shall give great weight to the lethality of high potency synthetic opioids according to section 101 of this act.
If the court orders that a child be taken into custody under subsection (1) ofp. this section, the petition and supporting documentation must be served on the parent at the time of the child's removal unless, after diligent efforts, the parents cannot be located at the time of removal.
8 HB 2447 of this section, the petition and supporting documentation must be served on the parent at the time of the child's removal unless, after diligent efforts, the parents cannot be located at the time of removal.
103.104.
Upon the request of the child's attorney, parent, guardian, or legal p.custodian, the court shall schedule the hearing within 72 hours of the request, excluding Saturdays, Sundays, and holidays.
8 SHB 2447 custodian, the court shall schedule the hearing within 72 hours of the request, excluding Saturdays, Sundays, and holidays.
(b)p. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care.
9 HB 2447 (b) All parties have the right to present testimony to the court regarding the need or lack of need for shelter care.
The paramount consideration for the court shall be the health, welfare, p.and safety of the child.
9 SHB 2447 and safety of the child.
(b)p. Whether the child can be safely returned home while the adjudication of the dependency is pending;
10 HB 2447 (b) Whether the child can be safely returned home while the adjudication of the dependency is pending;
(h) Whether the child is or may be an Indian child as defined in RCW 13.38.040, whether the provisions of the federal Indian child welfare act or chapter 13.38 RCW apply, and whether there is p.compliance with the federal Indian child welfare act and chapter 13.38 RCW, including notice to the child's tribe;
10 SHB 2447 compliance with the federal Indian child welfare act and chapter 13.38 RCW, including notice to the child's tribe;
(k)p. The terms and conditions for parental, sibling, and family visitation.
11 HB 2447 (k) The terms and conditions for parental, sibling, and family visitation.
The 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 harmharm. .
The court shall give great weight to the lethality of high-potencyhigh potency synthetic opioids andaccording public health guidance related to high-potencysection synthetic101 opioids when applying the requirements of this subsection;act;
and p.(III) After considering the particular circumstances of the child, any imminent physical harm to the child outweighs the harm the child will experience as a result of removal;
11 SHB 2447 (III) After considering the particular circumstances of the child, any imminent physical harm to the child outweighs the harm the child will experience as a result of removal;
(i) Whether((Whether)) Subject to the requirements of section 101 of this act, whether participation by the parents, guardians, or legal custodians in any prevention services would prevent or eliminate the need for removal and, if so, shall inquire of the parent whether they are willing to participate in such services.
If the parent agrees to participatep. in the prevention services identified by the court that would prevent or eliminate the need for removal, the court shall place the child with the parent.
The12 courtHB shall2447 giveparticipate greatin weightthe toprevention theservices lethalityidentified ofby high-potencythe syntheticcourt opioidsthat andwould publicprevent healthor guidanceeliminate relatedthe toneed high-potencyfor syntheticremoval, opioidsthe whencourt applyingshall place the requirementschild ofwith thisthe subsection.parent.
p.(A) Inquire of the petitioner and any other person present at the hearing for the child whether there are any relatives or other suitable persons who are willing to care for the child.
12 SHB 2447 (A) Inquire of the petitioner and any other person present at the hearing for the child whether there are any relatives or other suitable persons who are willing to care for the child.
(iii) If a relative or other suitable person expressed an interest in caring for the child, can meet the child's special needs, can support parent-child reunification, and will facilitate court- orderedp. sibling or parent visitation, the following must not prevent the child's placement with such relative or other suitable person:
13 HB 2447 ordered sibling or parent visitation, the following must not prevent the child's placement with such relative or other suitable person:
p.(e) If the court does not order placement with a relative or other suitable person, the court shall place the child in licensed foster care and shall set forth its reasons for the order.
13 SHB 2447 (e) If the court does not order placement with a relative or other suitable person, the court shall place the child in licensed foster care and shall set forth its reasons for the order.
(g)p. If the child is placed in a qualified residential treatment program as defined in this chapter, the court shall, within 60 days of placement, hold a hearing to:
14 HB 2447 (g) If the child is placed in a qualified residential treatment program as defined in this chapter, the court shall, within 60 days of placement, hold a hearing to:
(i) If the court places with a relative or other suitable person, and that person has indicated a desire to become a licensed foster parent, the court shall order the department to commence an assessment of the home of such relative or other suitable person within 10 days and thereafter issue an initial license as provided p.under RCW 74.15.120 for such relative or other suitable person, if qualified, as a foster parent.
14 SHB 2447 under RCW 74.15.120 for such relative or other suitable person, if qualified, as a foster parent.
(B)p. The child will be able to remain in the same school and whether any orders of the court are necessary to ensure educational stability for the child;
15 HB 2447 (B) The child will be able to remain in the same school and whether any orders of the court are necessary to ensure educational stability for the child;
p.(6)(a) A shelter care order issued pursuant to this section shall include the requirement for a case conference as provided in RCW 13.34.067.
15 SHB 2447 (6)(a) A shelter care order issued pursuant to this section shall include the requirement for a case conference as provided in RCW 13.34.067.
(c) The court may order another conference, case staffing, or hearing as an alternative to the case conference required under RCW 13.34.067 so long as the conference, case staffing, or hearing ordered by the court meets all requirements under RCW 13.34.067, includingp. the requirement of a written agreement specifying the services to be provided to the parent.
16 HB 2447 including the requirement of a written agreement specifying the services to be provided to the parent.
p.(8) The department and its employees shall not be held liable in any civil action for complying with an order issued under this section for placement:
16 SHB 2447 (8) The department and its employees shall not be held liable in any civil action for complying with an order issued under this section for placement:
(b)p. Visitation under this subsection shall not be limited as a sanction for a parent's failure to comply with recommended services during shelter care.
17 HB 2447 (b) Visitation under this subsection shall not be limited as a sanction for a parent's failure to comply with recommended services during shelter care.
104.105.
In determining the disposition, p.the court should choose services to assist the parents in maintaining the child in the home, including housing assistance, if appropriate, that least interfere with family autonomy and are adequate to protect the child.
17 SHB 2447 the court should choose services to assist the parents in maintaining the child in the home, including housing assistance, if appropriate, that least interfere with family autonomy and are adequate to protect the child.
The court may not order an Indian child, as defined in RCW 13.38.040, to be removed from his or her home unless the court finds, by clear and convincing evidence including testimony ofp. qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
18 HB 2447 of qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.
(iii) The department may also consider placing the child, subject to review and approval by the court, with a person with whom the child's sibling or half-sibling is residing or a person who has adopted the sibling or half-siblinghalf -sibling of the child being placed as long as the person has completed all required criminal history background checks and otherwise appears to the department to be competent to provide care for the child.
Unless there is reasonable cause to believe that the health, safety, or welfare of the child would be jeopardized or that p.efforts to reunite the parent and child will be hindered, the child shall be placed with a person who is willing, appropriate, and available to care for the child, and who is:
18 SHB 2447 efforts to reunite the parent and child will be hindered, the child shall be placed with a person who is willing, appropriate, and available to care for the child, and who is:
(((i)p. [(a)])) (a) Consider the assessment required under RCW 13.34.420 and submitted as part of the department's social study, and any related documentation;
19 HB 2447 (((i) [(a)])) (a) Consider the assessment required under RCW 13.34.420 and submitted as part of the department's social study, and any related documentation;
(a) There((There)) Subject to the requirements of section 101 of this act, there is no parent or guardian available to care for such child;
or p.(c) ((The)) Subject to the requirements of section 101 of this act, the court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger.
19 SHB 2447 (c) The court finds, by clear, cogent, and convincing evidence, a manifest danger exists that the child will suffer serious abuse or neglect if the child is not removed from the home and an order under RCW 26.44.063 would not protect the child from danger.
The court shall give great weight to the lethality of high-potency synthetic opioids and public health guidance related to high-potency synthetic opioids when applying the requirements of this subsection.
(i)p. The court has jurisdiction over all siblings subject to the order of placement, contact, or visitation pursuant to petitions filed under this chapter or the parents of a child for whom there is no jurisdiction are willing to agree;
20 HB 2447 (i) The court has jurisdiction over all siblings subject to the order of placement, contact, or visitation pursuant to petitions filed under this chapter or the parents of a child for whom there is no jurisdiction are willing to agree;
(10) If there is insufficient information at the time of the disposition hearing upon which to base a determination regarding the suitability of a proposed placement with a relative or other suitable p.person, the child shall remain in foster care and the court shall direct the department to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days.
20 SHB 2447 person, the child shall remain in foster care and the court shall direct the department to conduct necessary background investigations as provided in chapter 74.15 RCW and report the results of such investigation to the court within thirty days.
Any placements with relatives or other suitable persons, pursuant to this section, shall be contingent upon cooperation by the relative or other suitable person with the agency case plan and compliance with court orders related to the care and supervision of the child including, but not limited to, court orders regarding parent-child contacts, sibling contacts, and any other conditions imposedp. by the court.
21 HB 2447 imposed by the court.
105.106.
(2) A law enforcement officer may take, or cause to be taken, a child into custody without a court order if there is probable cause to believe that taking the child into custody is necessary to prevent imminent physical harm to the child due to child abuse or neglect,neglect ((, including that which results from sexual abuse, sexual exploitation, a high-potency synthetic opioid, or a pattern of severe neglect,neglect,)) and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050.
(3) The child abuse or neglect establishing the basis for a determination of imminent physical harm under subsection (2) of this section may include, but is not limited to, child abuse or neglect resulting from:
(a) Sexual abuse;
(b) Sexual exploitation;
(c) A high-potency synthetic opioid;
or (d) A pattern of severe neglect.
106.107.
(1)(a) An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if there is probable cause to believe that detaining the child is necessary to prevent imminent physical harm to the child due to child abuse or p.
2122 SHBHB 2447 (1)neglect((, An administrator of a hospital or similar institution or any physician, licensed pursuant to chapters 18.71 or 18.57 RCW, may detain a child without consent of a person legally responsible for the child whether or not medical treatment is required, if there is probable cause to believe that detaining the child is necessary to prevent imminent physical harm to the child due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, a high-potency synthetic opioid, or a pattern of severe neglect,neglect,)) and the child would be seriously injured or could not be taken into custody if it were necessary to first obtain a court order under RCW 13.34.050:
(b) The child abuse or neglect establishing the basis for a determination of imminent physical harm under (a) of this subsection may include, but is not limited to, child abuse or neglect resulting from:
(i) Sexual abuse;
(ii) Sexual exploitation;
(iii) A high-potency synthetic opioid;
or (iv) A pattern of severe neglect.
NEW SECTION.
107.
A new section is added to chapter 43.216 RCW to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, at least one legal liaison position shall be established within the department in each of its regions to work with both the department and the office of the attorney general for the purpose of assisting with the preparation of child abuse and neglect court cases.
(2)(a) The workload of the legal liaisons shall be geographically divided to reflect where the highest risk and most vulnerable child abuse and neglect cases are filed.
(b) For the purpose of this subsection, "highest risk" and "most vulnerable" are determined by the age of the child and whether the child is particularly vulnerable given the child's medical or developmental conditions.
p.
22 SHB 2447 (3) The department may determine the necessary qualifications for the legal liaison positions established in this section.
Sec.
RCW 26.44.030 and 2019 c 172 s 6 are each amended to read as follows:
(1)(a) When any practitioner, county coroner or medical examiner, law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, employee of the department of children, youth, and families, licensed or certified child care providers or their employees, employee of the department of social and health services, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, state family and children's ombuds or any volunteer in the ((ombuds's)) ombuds' office, or host home program has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report such incident, or cause a report to p.
23 HB 2447 be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
(b) When any person, in his or her official supervisory capacity with a nonprofit or for-profit organization, has reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority, he or she shall report such incident, or cause a report to be made, to the proper law enforcement agency, provided that the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service.
No one shall be required to report under this section when he or she obtains the information solely as a result of a privileged communication as provided in RCW 5.60.060.
Nothing in this subsection (1)(b) shall limit a person's duty to report under (a) of this subsection.
For the purposes of this subsection, the following definitions apply:
(i) "Official supervisory capacity" means a position, status, or role created, recognized, or designated by any nonprofit or for- profit organization, either for financial gain or without financial gain, whose scope includes, but is not limited to, overseeing, directing, or managing another person who is employed by, contracted by, or volunteers with the nonprofit or for-profit organization.
(ii) "Organization" includes a sole proprietor, partnership, corporation, limited liability company, trust, association, financial institution, governmental entity, other than the federal government, and any other individual or group engaged in a trade, occupation, enterprise, governmental function, charitable function, or similar activity in this state whether or not the entity is operated as a nonprofit or for-profit entity.
(iii) "Reasonable cause" means a person witnesses or receives a credible written or oral report alleging abuse, including sexual contact, or neglect of a child.
(iv) "Regularly exercises supervisory authority" means to act in his or her official supervisory capacity on an ongoing or continuing basis with regards to a particular person.
(v) "Sexual contact" has the same meaning as in RCW 9A.44.010.
p.
24 HB 2447 (c) The reporting requirement also applies to department of corrections personnel who, in the course of their employment, observe offenders or the children with whom the offenders are in contact.
If, as a result of observations or information received in the course of his or her employment, any department of corrections personnel has reasonable cause to believe that a child has suffered abuse or neglect, he or she shall report the incident, or cause a report to be made, to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
(d) The reporting requirement shall also apply to any adult who has reasonable cause to believe that a child who resides with them, has suffered severe abuse, and is able or capable of making a report.
For the purposes of this subsection, "severe abuse" means any of the following:
Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, could cause death;
any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling;
or more than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.
(e) The reporting requirement also applies to guardians ad litem, including court-appointed special advocates, appointed under Titles 11 and 13 RCW and this title, who in the course of their representation of children in these actions have reasonable cause to believe a child has been abused or neglected.
(f) The reporting requirement in (a) of this subsection also applies to administrative and academic or athletic department employees, including student employees, of institutions of higher education, as defined in RCW 28B.10.016, and of private institutions of higher education.
(g) The report must be made at the first opportunity, but in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or neglect.
The report must include the identity of the accused if known.
(2) The reporting requirement of subsection (1) of this section does not apply to the discovery of abuse or neglect that occurred during childhood if it is discovered after the child has become an adult.
However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, p.
25 HB 2447 the reporting requirement of subsection (1) of this section does apply.
(3) Any other person who has reasonable cause to believe that a child has suffered abuse or neglect may report such incident to the proper law enforcement agency or to the department as provided in RCW 26.44.040.
(4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means or who has been subjected to alleged sexual abuse, shall report such incident to the proper law enforcement agency, including military law enforcement, if appropriate.
In emergency cases, where the child's welfare is endangered, the department shall notify the proper law enforcement agency within twenty-four hours after a report is received by the department.
In all other cases, the department shall notify the law enforcement agency within seventy-two hours after a report is received by the department.
If the department makes an oral report, a written report must also be made to the proper law enforcement agency within five days thereafter.
(5) Any law enforcement agency receiving a report of an incident of alleged abuse or neglect pursuant to this chapter, involving a child who has died or has had physical injury or injuries inflicted upon him or her other than by accidental means, or who has been subjected to alleged sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city attorney for appropriate action whenever the law enforcement agency's investigation reveals that a crime may have been committed.
The law enforcement agency shall also notify the department of all reports received and the law enforcement agency's disposition of them.
In emergency cases, where the child's welfare is endangered, the law enforcement agency shall notify the department within twenty- four hours.
In all other cases, the law enforcement agency shall notify the department within seventy-two hours after a report is received by the law enforcement agency.
(6) Any county prosecutor or city attorney receiving a report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of the department, of the decision to charge or decline to charge a crime, within five days of making the decision.
p.
26 HB 2447 (7) The department may conduct ongoing case planning and consultation with those persons or agencies required to report under this section, with consultants designated by the department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services.
Upon request, the department shall conduct such planning and consultation with those persons required to report under this section if the department determines it is in the best interests of the child.
Information considered privileged by statute and not directly related to reports required by this section must not be divulged without a valid written waiver of the privilege.
(8) Any case referred to the department by a physician licensed under chapter 18.57 or 18.71 RCW on the basis of an expert medical opinion that child abuse, neglect, or sexual assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file a dependency petition unless a second licensed physician of the parents' choice believes that such expert medical opinion is incorrect.
If the parents fail to designate a second physician, the department may make the selection.
If a physician finds that a child has suffered abuse or neglect but that such abuse or neglect does not constitute imminent danger to the child's health or safety, and the department agrees with the physician's assessment, the child may be left in the parents' home while the department proceeds with reasonable efforts to remedy parenting deficiencies.
(9) Persons or agencies exchanging information under subsection (7) of this section shall not further disseminate or release the information except as authorized by state or federal statute.
Violation of this subsection is a misdemeanor.
(10) Upon receiving a report that a child is a candidate for foster care as defined in RCW 26.44.020, the department may provide prevention and family services and programs to the child's parents, guardian, or caregiver.
The department may not be held civilly liable for the decision regarding whether to provide prevention and family services and programs, or for the provision of those services and programs, for a child determined to be a candidate for foster care.
(11) Upon receiving a report of alleged abuse or neglect, the department shall make reasonable efforts to learn the name, address, and telephone number of each person making a report of abuse or neglect under this section.
The department shall provide assurances p.
27 HB 2447 of appropriate confidentiality of the identification of persons reporting under this section.
If the department is unable to learn the information required under this subsection, the department shall only investigate cases in which:
(a) The department believes there is a serious threat of substantial harm to the child;
(b) The report indicates conduct involving a criminal offense that has, or is about to occur, in which the child is the victim;
or (c) The department has a prior founded report of abuse or neglect with regard to a member of the household that is within three years of receipt of the referral.
(12)(a) Upon receiving a report of alleged abuse or neglect, the department shall use one of the following discrete responses to reports of child abuse or neglect that are screened in and accepted for departmental response:
(i) Investigation;
or (ii) Family assessment.
(b) In making the response in (a) of this subsection the department shall:
(i) Use a method by which to assign cases to investigation or family assessment which are based on an array of factors that may include the presence of:
Imminent danger, level of risk, number of previous child abuse or neglect reports, or other presenting case characteristics, such as the type of alleged maltreatment and the age of the alleged victim.
Age of the alleged victim shall not be used as the sole criterion for determining case assignment;
(ii) Allow for a change in response assignment based on new information that alters risk or safety level;
(iii) Allow families assigned to family assessment to choose to receive an investigation rather than a family assessment;
(iv) Provide a full investigation if a family refuses the initial family assessment;
(v) Provide voluntary services to families based on the results of the initial family assessment.
If a family refuses voluntary services, and the department cannot identify specific facts related to risk or safety that warrant assignment to investigation under this chapter, and there is not a history of reports of child abuse or neglect related to the family, then the department must close the family assessment response case.
However, if at any time the department identifies risk or safety factors that warrant an p.
28 HB 2447 investigation under this chapter, then the family assessment response case must be reassigned to investigation;
(vi) Conduct an investigation, and not a family assessment, in response to an allegation that, the department determines based on the intake assessment:
(A) Indicates a child's health, safety, and welfare will be seriously endangered if not taken into custody for reasons including, but not limited to, sexual abuse and sexual exploitation of the child as defined in this chapter;
(B) Poses a serious threat of substantial harm to a child;
(C) Constitutes conduct involving a criminal offense that has, or is about to occur, in which the child is the victim;
(D) The child is an abandoned child as defined in RCW 13.34.030;
(E) The child is an adjudicated dependent child as defined in RCW 13.34.030, or the child is in a facility that is licensed, operated, or certified for care of children by the department under chapter 74.15 RCW.
(c) In addition, the department may use a family assessment response to assess for and provide prevention and family services and programs, as defined in RCW 26.44.020, for the following children and their families, consistent with requirements under the federal family first prevention services act and this section:
(i) A child who is a candidate for foster care, as defined in RCW 26.44.020;
and (ii) A child who is in foster care and who is pregnant, parenting, or both.
(d) The department may not be held civilly liable for the decision to respond to an allegation of child abuse or neglect by using the family assessment response under this section unless the state or its officers, agents, or employees acted with reckless disregard.
(13)(a) For reports of alleged abuse or neglect that are accepted for investigation by the department, the investigation shall be conducted within time frames established by the department in rule.
In no case shall the investigation extend longer than ninety days from the date the report is received, unless the investigation is being conducted under a written protocol pursuant to RCW 26.44.180 and a law enforcement agency or prosecuting attorney has determined that a longer investigation period is necessary.
At the completion of p.
29 HB 2447 the investigation, the department shall make a finding that the report of child abuse or neglect is founded or unfounded.
(b) If a court in a civil or criminal proceeding, considering the same facts or circumstances as are contained in the report being investigated by the department, makes a judicial finding by a preponderance of the evidence or higher that the subject of the pending investigation has abused or neglected the child, the department shall adopt the finding in its investigation.
(14) For reports of alleged abuse or neglect that are responded to through family assessment response, the department shall:
(a) Provide the family with a written explanation of the procedure for assessment of the child and the family and its purposes;
(b) Collaborate with the family to identify family strengths, resources, and service needs, and develop a service plan with the goal of reducing risk of harm to the child and improving or restoring family well-being;
(c) Complete the family assessment response within forty-five days of receiving the report except as follows:
(i) Upon parental agreement, the family assessment response period may be extended up to one hundred twenty days.
The department's extension of the family assessment response period must be operated within the department's appropriations;
(ii) For cases in which the department elects to use a family assessment response as authorized under subsection (12)(c) of this section, and upon agreement of the child's parent, legal guardian, legal custodian, or relative placement, the family assessment response period may be extended up to one year.
The department's extension of the family assessment response must be operated within the department's appropriations.
(d) Offer services to the family in a manner that makes it clear that acceptance of the services is voluntary;
(e) Implement the family assessment response in a consistent and cooperative manner;
(f) Have the parent or guardian agree to participate in services before services are initiated.
The department shall inform the parents of their rights under family assessment response, all of their options, and the options the department has if the parents do not agree to participate in services.
p.
30 HB 2447 (15)(a) In conducting an investigation or family assessment of alleged abuse or neglect, the department or law enforcement agency:
(i) May interview children.
If the department determines that the response to the allegation will be family assessment response, the preferred practice is to request a parent's, guardian's, or custodian's permission to interview the child before conducting the child interview unless doing so would compromise the safety of the child or the integrity of the assessment.
The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other suitable locations outside of the presence of parents.
If the allegation is investigated, parental notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation.
Prior to commencing the interview the department or law enforcement agency shall determine whether the child wishes a third party to be present for the interview and, if so, shall make reasonable efforts to accommodate the child's wishes.
Unless the child objects, the department or law enforcement agency shall make reasonable efforts to include a third party in any interview so long as the presence of the third party will not jeopardize the course of the investigation;
and (ii) Shall have access to all relevant records of the child in the possession of mandated reporters and their employees.
(b) The Washington state school directors' association shall adopt a model policy addressing protocols when an interview, as authorized by this subsection, is conducted on school premises.
In formulating its policy, the association shall consult with the department and the Washington association of sheriffs and police chiefs.
(16) If a report of alleged abuse or neglect is founded and constitutes the third founded report received by the department within the last twelve months involving the same child or family, the department shall promptly notify the office of the family and children's ombuds of the contents of the report.
The department shall also notify the ombuds of the disposition of the report.
(17) In investigating and responding to allegations of child abuse and neglect, the department may conduct background checks as authorized by state and federal law.
(18)(a) The department shall maintain investigation records and conduct timely and periodic reviews of all founded cases of abuse and p.
31 HB 2447 neglect.
The department shall maintain a log of screened-out nonabusive cases.
(b) In the family assessment response, the department shall not make a finding as to whether child abuse or neglect occurred.
No one shall be named as a perpetrator and no investigative finding shall be entered in the department's child abuse or neglect database.
(19)(a) The department shall use a risk assessment process when investigating alleged child abuse and neglect referrals.
The department shall present the risk factors at all hearings in which the placement of a dependent child is an issue.
Substance abuse must be a risk factor.
(b) The department shall also make available to department staff high-potency synthetic opioid testing strips that can detect the presence of high-potency synthetic opioids that may be used when investigating alleged child abuse and neglect referrals and otherwise as appropriate.
(20) Upon receipt of a report of alleged abuse or neglect the law enforcement agency may arrange to interview the person making the report and any collateral sources to determine if any malice is involved in the reporting.
(21) Upon receiving a report of alleged abuse or neglect involving a child under the court's jurisdiction under chapter 13.34 RCW, the department shall promptly notify the child's guardian ad litem of the report's contents.
The department shall also notify the guardian ad litem of the disposition of the report.
For purposes of this subsection, "guardian ad litem" has the meaning provided in RCW 13.34.030.
(22) The department shall make efforts as soon as practicable to determine the military status of parents whose children are subject to abuse or neglect allegations.
If the department determines that a parent or guardian is in the military, the department shall notify a department of defense family advocacy program that there is an allegation of abuse and neglect that is screened in and open for investigation that relates to that military parent or guardian.
(23) The department shall make available on its public website a downloadable and printable poster that includes the reporting requirements included in this section.
The poster must be no smaller than eight and one-half by eleven inches with all information on one side.
The poster must be made available in both the English and Spanish languages.
Organizations that include employees or volunteers p.
32 HB 2447 subject to the reporting requirements of this section must clearly display this poster in a common area.
At a minimum, this poster must include the following:
(a) Who is required to report child abuse and neglect;
(b) The standard of knowledge to justify a report;
(c) The definition of reportable crimes;
(d) Where to report suspected child abuse and neglect;
and (e) What should be included in a report and the appropriate timing.
PART II SERVICES FOR FAMILIES Sec.
201.
(iv)p. Dependency and termination of parental rights;
33 HB 2447 (iv) Dependency and termination of parental rights;
p.(xiv) Roles of family and juvenile court judges and commissioners;
23 SHB 2447 (xiv) Roles of family and juvenile court judges and commissioners;
(((d))) (e) Improve referral and treatment options for court participants, including enhancing court facilitator programs and familyp. treatment court and increasing the availability of alternative dispute resolution;
34 HB 2447 family treatment court and increasing the availability of alternative dispute resolution;
p.(3) The administrator for the courts shall allocate available grant moneys based upon the needs of the court as expressed in their local improvement plan.
24 SHB 2447 (3) The administrator for the courts shall allocate available grant moneys based upon the needs of the court as expressed in their local improvement plan.
109.202.
(1) The administrator for the courts shall provide funding to a statewide organization focused on advocating for the best interest of children experiencing abuse and neglect to develop and provide training regarding:
(a) The risk and danger presented to children and youth by high- potency synthetic opioids;
and (b) The legal standards for removal of a child based on abuse or neglect.
(2) The training developed and provided under this section must be developed for and available to child welfare court professionals including, but not limited to:
(a) Department of children, youth, and families employees supporting or providing child welfare services as defined in RCW 74.13.020 or child protective services as defined in RCW 26.44.020;
(b) Attorneys;
(c) Judicial officers;
and (d) Guardians ad litem.
(3) The training developed and provided under this section must be developed and provided in a manner that allows and encourages a variety of child welfare court professionals to participate in the training.
When possible, the training developed under this section must allow as many child welfare court professionals from a specific county to attend at the same time to allow those professionals to develop their working relationships.
(4) This section expires July 1, 2025.
p.
25 SHB 2447 PART II SERVICES FOR FAMILIES NEW SECTION.
Sec.
201.
202.203.
(2)p. Subject to the availability of amounts appropriated for this specific purpose, the department shall enter into targeted contracts with existing home visiting programs established by RCW 43.216.130 in locales with the historically highest rates of child welfare screened-in intake to serve families.
35 HB 2447 (2) Subject to the availability of amounts appropriated for this specific purpose, the department shall enter into targeted contracts with existing home visiting programs established by RCW 43.216.130 in locales with the historically highest rates of child welfare screened-in intake to serve up to 150 families.
p.(6) Families referred to home visiting services via the process established in subsection (8) of this section must be contacted by the contracted program within seven days of referral.
26 SHB 2447 (6) Families referred to home visiting services via the process established in subsection (8) of this section must be contacted by the contracted program within seven days of referral.
The department shall pay providers for each targeted contracted slot using the rate providedestablished toby existingthe homedepartment. visiting providers.
203.204.
Subjectp. to the availability of amounts appropriated for this specific purpose, the department shall implement and maintain a program that provides support to child welfare workers from public health nurses.
36 HB 2447 Subject to the availability of amounts appropriated for this specific purpose, the department shall implement and maintain a program that provides support to child welfare workers from public health nurses.
and (2) DeterminingDeveloping thestandardized levelrisk ofassessment riskprocedures presentedrelated to ahigh-potency childsynthetic oropioids; children in specific cases.
and (3) Determining the level of risk presented to a child or children in specific cases.
204.205.
(2) The authority shall contract for the services authorized in this section with behavioral health entities in a manner that allows p.leveraging of federal medicaid funds to pay for a portion of the costs.
27 SHB 2447 leveraging of federal medicaid funds to pay for a portion of the costs.
205.206.
(2) The authority shall contract for the services authorized in this section with behavioral health entities in a manner that allows leveragingp. of federal medicaid funds to pay for a portion of the costs.
37 HB 2447 leveraging of federal medicaid funds to pay for a portion of the costs.
206.
A new section is added to chapter 74.13 RCW to read as follows:
Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a pilot program to include third-party safety plan participants and public health nurses in child protective services safety planning.
The pilot program established in this section must:
(1) Include contracts in up to four department offices for third- party safety plan participants and public health nurses to support child protective services workers in safety planning;
and (2) Provide support, including in a family's primary spoken language, for cases involving high-potency synthetic opioids in families who do not have natural supports to aid in safety planning.
p.
28 SHB 2447 NEW SECTION.
Sec.
(1)A Thenew departmentsection ofis children,added youth, and families shall provide funding and support for two pilot programs to implementchapter an43.330 evidence-based,RCW comprehensive, intensive, in-home parenting services support model to serveread childrenas andfollows: families from birth to age 18 who are involved in child welfare, children's mental health, or juvenile justice systems.
(2)Subject Theto pilotthe programsavailability establishedof inamounts appropriated for this sectionspecific arepurpose, intendedthe todepartment preventshall orestablish limita out-of-homegrant placementprogram throughthat trauma-informedprovides supportgrant funding to thea child,nonprofit caregivers,organization to provide supports, including behavioral health resources, housing services, and familiesparenting education, to parents with threesubstance in-person,use in-homedisorders sessionsin perorder weekto andreduce providethe on-callneed crisisfor supportfoster 24care hoursplacement aor day,to sevenshorten daysthe atime week.that children remain in out-of-home care when placement is necessary.
(3)The Onegrant pilotrecipient programmust establishedbe ina thisnonprofit sectionorganization willthat serveprovides familiesa westparent-child ofassistance theprogram crestand offocuses theon Cascadebuilding mountainparenting rangeskills and oneconfidence pilotto programensure establishedchildren inhave thissafe sectionand willhealthy servechildhoods. families east of the crest of the Cascade mountain range.
Each pilot program will build upon existing programs to avoid duplication of existing services available to children and families at risk of entering the child welfare system.
(4) This section expires July 1, 2026.
(1)A Subjectnew tosection theis availabilityadded ofto fundschapter for43.216 thisRCW specific purpose, the department of health shall provide funding to supportread promotorasas infollows: at least two communities.
These(1) promotorasSubject shallto providethe culturallyavailability sensitive,of layamounts healthappropriated education for this specific purpose, four legal liaison positions shall be established within the Latinxdepartment community,to work with both the department and actthe asoffice liaisonsof betweenthe theirattorney community,general healthfor professionals,the andpurpose humanof assisting with the preparation of child abuse and socialneglect servicecourt organizations.cases.
(2)(2)(a) InThe determiningworkload whichof communities will be served by the promotoraslegal underliaisons this section, the department of health shall providebe fundinggeographically divided to supportreflect onewhere community west of the cresthighest ofrisk the Cascade mountain range and onemost communityvulnerable eastchild ofabuse theand crestneglect ofcases theare Cascadefiled. mountain range.
(b) For the purpose of this subsection, "highest risk" and "most vulnerable" are determined by the age of the child and whether the child is particularly vulnerable given the child's medical or developmental conditions.
(3) The department may determine the necessary qualifications for the legal liaison positions established in this section.
NEW SECTION.
Sec.
209.
A new section is added to chapter 74.13 RCW to read as follows:
p.
38 HB 2447 Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a pilot program to include third-party safety plan participants and public health nurses in child protective services safety planning.
The pilot program established in this section must:
(1) Include contracts in up to four department offices for third- party safety plan participants and public health nurses to support child protective services workers in safety planning;
and (2) Provide support for cases involving high-potency synthetic opioids in families who do not have natural supports to aid in safety planning.
2939 SHBHB 2447
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View plain text versions (3)
- Bill View text Current pdf
- Substitute Substitute Bill pdf
- Substitute Second Substitute Bill pdf
Action History
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House Rules "X" file.
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Referred to Rules 2 Review.
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Minority; without recommendation.
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Minority; do not pass.
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APP - Majority; 2nd substitute bill be substituted, do pass.
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Executive action taken in the House Committee on Appropriations at 10:30 AM.
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Public hearing in the House Committee on Appropriations at 9:00 AM.
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Referred to Appropriations.
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Minority; without recommendation.
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Minority; do not pass.
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HSEL - Majority; 1st substitute bill be substituted, do pass.
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Executive action taken in the House Committee on Early Learning & Human Services at 1:30 PM.
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Public hearing in the House Committee on Early Learning & Human Services at 1:30 PM.
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First reading, referred to Human Services, Youth, & Early Learning.
Sponsors
- Gerry Pollet · Cosponsor
- Alex Ramel · Cosponsor
- Lisa Callan · Cosponsor
- Tana Senn · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 147 not signed on
Sponsors (1)
- Tana Senn Democrat
Co-sponsors (3)
- Gerry Pollet Democrat
- Alex Ramel Democrat
- Lisa Callan Democrat
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 2447?
- HB 2447 is sponsored by Gerry Pollet (Democrat), Alex Ramel (Democrat), Lisa Callan (Democrat), and Tana Senn (Democrat).
- What is the current status of HB 2447?
- This bill died with 2023-2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 2447?
- Track HB 2447 free on One Click Politics — get push/email alerts when it moves.
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