Official Text and Analysis.

Modifies the standard used by hospitals, law enforcement, and courts to authorize detention or removal of a child from a parent. Requires the Department of Children, Youth, and Families to make continuing efforts to place children with relatives and requires such placement unless there is no relative capable of ensuring the basic safety of the child. Requires the court to release a child to a parent unless the court finds by a preponderance of the evidence that removal of the child is necessary to prevent imminent physical harm and that the evidence show a causal relationship between the conditions in the home and imminent physical harm to the child.

Provides that court must hold an additional shelter care hearing within 72 hours if a child is removed from the care of a parent at any time after an initial shelter care hearing. The Department of Children, Youth, and Families (DCYF) must commence an assessment of the home of a relative or other suitable person with whom a child is placed following a shelter care hearing within 10 days of the hearing rather than within 72 hours of the hearing. The effective date is delayed to July 1, 2023, rather than 90 days after the adjournment of the session in which the bill is enacted. The bill is null and void unless funding is provided in the enacted omnibus operated budget by June 30, 2021.

Removes isolation, inadequate housing, substance abuse, and mental illness from the list of conditions that do not by themselves constitute imminent physical harm which is part of the criteria established in the bill related to removing a child from a parent based on child abuse or neglect.

Replaces intent language referencing reducing racial bias in the system with language indicating an intent to ensure every child in Washington is treated equally under the law regardless of race, creed, color, national origin, or sex.

Modifies the standard that allows law enforcement to take a child into custody without a court order when necessary to prevent imminent physical harm to the child due to child abuse and neglect by specifically including child abuse or neglect that results from recklessness.

Restores the current law evidentiary standard of "reasonable grounds" and "reasonable cause" (replacing the standard 14 of "preponderance of the evidence" proposed by the underlying bill) 15 when a court is: (1) determining whether there is sufficient evidence to support an order directing a law enforcement officer, probation officer, or child protective services official to take a child into custody; and (2) conducting a shelter care hearing 72 hours after the child's removal to determine, among other things, whether the child can safely return to a parent.

DCYF is directed to apply for federal waivers, where feasible, that would allow for federal reimbursement of maintenance payments to relatives or other suitable persons who have received an initial license from DCYF to care for a child. This provision goes into effect 90 days after adjournment of session. The null and void clause is struck.

Directs DCYF to apply for federal waivers, where feasible, that would allow for federal reimbursement of maintenance payments to relatives or other suitable persons who have received an initial license from DCYF to care for a child.

House concurred in Senate amendment(s).