SB 6236 — Children/controlled sub.

Summary

Maintaining the safety of children.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 6 section(s) of the Revised Code of Washington: RCW 13.34.050; RCW 13.34.065; RCW 13.34.130; RCW 26.44.050; RCW 26.44.056; RCW 26.44.030.

• RCW 13.34.050

  (a) (b) (c) The court shall give great weight to the lethality of high-potency synthetic p. 1 SB 6236 opioids and public health guidance from the department of health related to high-potency synthetic opioids in determining whether removal is necessary to prevent imminent physical harm to the child due to child abuse or neglect → read as follows: (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: (i) A petition is filed with the juvenile court with sufficient corroborating evidence to establish that the child is dependent; (ii) 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; and (iii) the allegations contained in the petition, if true, establish that there are reasonable grounds to believe that removal is necessary to prevent imminent or serious physical harm to the child due to child abuse or neglect, including that which results from sexual abuse, sexual exploitation, a pattern of severe neglect, or a high-potency synthetic opioid. (b) Use of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, not obtained directly from, or pursuant to, a valid prescription or order of a medical practitioner while caring for a child constitutes reasonable grounds to believe that removal is necessary to prevent imminent or serious physical harm to the child due to child abuse or neglect under (a) of this subsection necessary or serious

  amended

• RCW 13.34.065

  . The court shall give great weight to the lethality of high-potency synthetic opioids and public health guidance from the department of health related to high-potency synthetic opioids when determining whether removal of the child is necessary to prevent imminent physical harm due to child abuse or neglect Whether The court shall give great weight to the lethality of high-potency synthetic opioids and public health guidance from the department of health related to high-potency synthetic opioids when deciding whether to place the child with the parent. → maintain the child in the school, program, or child care if it would be in the best interest of the child to remain in the same school, program, or child care; (g) Appointment of a guardian ad litem or attorney; (h) Whether the child is or may be an Indian child as defined in welfare act or chapter 13.38 RCW apply, and whether there is compliance with the federal Indian child welfare act and chapter 13.38 RCW, including notice to the child's tribe; (i) Whether, as provided in RCW 26.44.063, restraining orders, or orders expelling an allegedly abusive household member from the home of a nonabusive parent, guardian, or legal custodian, will allow the child to safely remain in the home; (j) Whether any orders for examinations, evaluations, or immediate services are needed. The court may not order a parent to undergo examinations, evaluation, or services at the shelter care hearing unless the parent agrees to the examination, evaluation, or service; (k) The terms and conditions for parental, sibling, and family visitation. (5)(a) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless the court finds there is reasonable cause to believe that: (i) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and (ii)(A) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or (B)(I) Removal of the child is necessary to prevent imminent or serious physical harm 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, notwithstanding an order entered pursuant to RCW 26.44.063. There is a rebuttable presumption that removal of the child is necessary when a parent, guardian, or legal custodian's use or possession of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, or failure to protect a child from another individual's use or possession of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, creates a risk that a child will be exposed to, ingest, inhale, or have contact with a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis. A parent, guardian, or legal custodian's promise to secure a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis or use them only when the child is not in the vicinity is not sufficient to overcome this presumption. The evidence must show a causal relationship between the particular conditions in the home and imminent or serious physical harm to the child. 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 or serious physical harm ; (II) It is contrary to the welfare of the child to be returned home; and (III) After considering the particular circumstances of the child, any imminent or serious physical harm to the child outweighs the harm the child will experience as a result of removal; or (C) The parent, guardian, or custodian to whom the child could be released has been charged with violating RCW 9A.40.060 or 9A.40.070. (b) If the court finds that the elements of (a)(ii)(B) of this subsection require removal of the child, the court shall further consider: (i) Except in cases where a parent, guardian, or legal custodian's use or possession of a controlled subs

  amended

• RCW 13.34.130

  or The court shall give great weight to the lethality of high-potency synthetic opioids and public health guidance from the department of health related to high-potency synthetic opioids, including fentanyl, when deciding whether a manifest danger exists (8) (9))) (10) If the court has ordered a child removed from his or her home pursuant to subsection (1)(b) of this section, the court may order that a petition seeking termination of the parent and child relationship be filed if the requirements of RCW 13.34.132 are met. (((10) → placement, unless the health, safety, and welfare of the child cannot be protected adequately in the home, and that: (a) There is no parent , guardian, or legal custodian available to care for such child. There is a rebuttable presumption that a parent, guardian, or legal custodian is unavailable if the parent, guardian, or legal custodian has deficiencies that jeopardize the child's right to be nurtured, physical health, mental health, or basic safety, including that which results from substance abuse, or a parent, guardian, or legal custodian's use or possession of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, or failure to protect a child from another individual's use or possession of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis. A parent, guardian, or legal custodian's promise to secure a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis or use them only when the child is not in the vicinity is not sufficient to overcome this presumption; (b) The parent, guardian, or legal custodian is not willing to take custody of the child; or (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 presumption that removal of the child is necessary and a manifest danger exists that the child will suffer serious abuse or neglect when a parent, guardian, or legal custodian's use or possession of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, or failure to protect a child from another individual's use or possession of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, creates a risk that a child will be exposed to, ingest, inhale, or have contact with a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis. A parent, guardian, or legal custodian's promise to secure a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis or use them only when the child is not in the vicinity is not sufficient to overcome this presumption. (7) If the court determines that removal of the child is necessary based on a risk that a child will be exposed to, ingest, inhale, or have contact with a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, the department must demonstrate that the parent, guardian, or legal custodian has at least six months of sobriety by providing documentation to the court of at least six months of random drug or alcohol testing that occur at least twice per month before returning the child to the parent, guardian, or legal custodian that posed this risk. (8) I he nt s er the ont wi ) T e s ar n t ) T cou of ace und thi isd ion i) re , o wel t, v e t pa t, vis d i rde ) T cou d w a cto in co rta (9) she atten pri itiation o proceedi when such place cal and in nterest. ⟦INS⟧(11) nsufficien he time the dispos hich to ba regardi the suita placement or oth suitable p ll remain the cou shall di t to con backgrou investigat chapter eport t results o to the rty day However, i ther perso e suitab and compe and trea l histo background ompleted b ut as so as possibl ny placeme or oth suitable p this secti ngent up cooperatio other sui the agen case plan court ord care a supervisio ding, but urt orde regarding ts, siblin any oth conditions t. Noncompl se plan court ord for remo from t relative's erson's hom iew by t court.

  amended

• RCW 26.44.050

  probable → 2024 c 32 amended read as fo (1) Ex receipt a report or negl the l enforcemen tment must rovide t protective h a repor th chapt 74.13 RCW, to refer s ourt. (2) A cer may ta e taken, child into court orde reasonable hat taking or serious or a pattern of severe 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. The law enforcement agency or the department investigating such a report is hereby authorized to photograph such a child for the purpose of providing documentary evidence of the physical condition of the child. (3) Use of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, not obtained directly from, or pursuant to, a valid prescription or order of a medical practitioner while caring for a child constitutes reasonable grounds to believe that removal is necessary to prevent imminent or serious physical harm to the child due to child abuse or neglect as provided for under subsection (2) of this section.

  amended

• RCW 26.44.056

  probable → read as follows: (1) 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 reasonable cause to believe that detaining the child is necessary to prevent imminent or serious 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, 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: PROVIDED, That such administrator or physician shall notify or cause to be notified the appropriate law enforcement agency or child protective services pursuant to RCW 26.44.040. Such notification shall be made as soon as possible and in no case longer than 72 hours. Such temporary protective custody by an administrator or doctor shall not be deemed an arrest. Child protective services may detain the child until the court assumes custody, but in no case longer than 72 hours, excluding Saturdays, Sundays, and holidays. (2) Use of a controlled substance classified as a Schedule I or II controlled substance under chapter 69.50 RCW other than cannabis, not obtained directly from, or pursuant to, a valid prescription or order of a medical practitioner while caring for a child constitutes reasonable grounds to believe that removal is necessary to prevent imminent or serious physical harm to the child due to child abuse or neglect under subsection (1) of this section. (3)

  amended

• RCW 26.44.030

  or serious assign ca on an arr or serious --- END ---

  amended

Action History

1. January 20, 2026

   First reading, referred to Human Services.

Sponsors

• (Holy) · Primary

Subjects