Download the current version of the WA Legislative and Case Law Update here: https://www.wacita.org/wp-content/uploads/2023/07/WA-Legislative-Case-Law-Updates.pdf
New Legislation
The legislative cycle in Washington State is two years long. Within that two-year cycle, there are two kinds of legislative sessions: Regular sessions and extraordinary, or special, sessions. Regular sessions are mandated by the State Constitution and begin the second Monday in January each year. More information on the WA State Legislature can be found here: Legislature Home (wa.gov). Below are new and upcoming pieces of state legislation that impact the dependency court system. Click the title of each bill to learn more.
- SB 6006: Supporting Victims of Human Trafficking and Sexual Abuse
2024 Regular Session
Description: Modifies the definition of a “dependent child” to include victims of sex trafficking or severe forms of trafficking.
- SB 6068: Relational Permanence and Child Well-being Data
2024 Regular Session
Description: Changes reporting on dependency outcomes to include the cross-system collection of data on measures related to relational permanency and child well-being.
- SB 6109: High-Potency Synthetic Opioids
2024 Regular Session
Description: Clarifies the child removal process in circumstances involving high-potency synthetic opioids and provides funding for prevention services and support.
- HB 1227: Keeping Families Together
Effective Date: July 1, 2023
Description: HB 1227 makes significant changes the legal standards, procedural requirements, and judicial inquiries around removal of a child from the home and placement into out-of-home care.
- HB 1194: Strengthening Family Time
Effective Date: July 25, 2021
Description: HB 1194 makes significant changes to the court’s role in ordering visitation with the goal of providing the maximum parent, child, and sibling contact possible, while keeping the child safe.
Recent WA Supreme Court & Court of Appeals Case Decisions
As the highest court in the State of Washington, the mission of the Washington Supreme Court is to uphold the constitution and when called upon through cases, interpret laws passed by the legislature and enforced by the executive branches of government. Below are the recent decisions that pertain to dependency cases. Washington Supreme Court and Court of Appeals decisions can be found here: Washington State Courts – Opinions – Home Page
- In the Matter of the Dependency of H.G.N-C.
Filed March 18, 2024
Court of Appeals, Div I: Regarding termination of parental rights and determinations that a parent is “unfit”.
- In the Matter of the Dependency of C.E.C.L.
Filed March 18, 2024
Court of Appeals, Div I: Regarding funding for child’s counsel under RCW 13.34.212 in situations where previously terminated parental rights are restored.
- In the Matter of the Dependency of A.R.W.-M.
Filed February 28, 2024
Court of Appeals, Div III: Regarding court’s finding that termination was in the best interest of the child.
- In re Dependency of A.T.
Filed January 25, 2024
Court of Appeals, Div III: Regarding State’s obligation to provide active efforts to parents in order to prevent the breakup of the Indian family.
- In the Matter of the Dependency of Z.A., S.M.A., and S.A.A.
Filed October 23, 2023
Court of Appeals, Div I: Regarding the legal standard for out-of-home placement following a finding of dependency, court determinations of dependency and court-ordered services, and cultural and racial bias in dependency proceedings.
- In the Matter of the Dependency of M.L.W. and I.A.W.
Filed September 18, 2023
Court of Appeals, Div I: Regarding legal standards and evidence at termination of parental rights trials, including the right of a minor child to file a motion to intervene in a case involving a younger sibling.
- In the Matter of the Dependency of G.C.B. and M.J.B.-L.
Filed September 11, 2023
Court of Appeals, Div I: Addresses issues of evidence and waiver of right to counsel in termination trials.
- In the Matter of the Welfare of C.W.M.
Filed August 15, 2023
Court of Appeals, Div II: Addresses whether the Department is required to show reasonable efforts prior to entering a dependency order.
- In the Matter of the Dependency of R.D.
Filed July 11, 2023
Court of Appeals, Div III: Regarding standard of “active efforts” to prevent the breakup of an Indian family.
- In the Matter of the Welfare of D.H. and A.K.
Filed January 24, 2023
Court of Appeals, Div II: Addresses what is sufficient evidence for the termination of parental rights of a parent with an intellectual disability.
- In the Matter of the Dependency of L.C.S.
Filed August 11, 2022
Provides guidance to assist courts in applying the reasonable efforts standard given the lack of decisions in our state defining the term.
- In re Dependency of A.W.
Filed August 8, 2022 (substituted)
Addresses the heightened emergency removal standard under ICWA that is triggered if there is “Reason to Know”.
- In re Dependency of J.M.W.
Filed July 21, 2022
Establishes the responsibility of the State to make active efforts prior to the Shelter Care Hearing to prevent the breakup of an Indian family.
- In re Dependency of Q.S.
Filed June, 2022
Court of Appeals, Div III: Regarding trial court responsibility to address racial bias in the decision-making.
- In Re Dependency of K.W.
Filed February 17, 2022
Affirms the prioritization of relative/kinship placement and that it is impermissible to rely on factors that serve as proxies for race in order to deny placements with bonded relatives.
