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Child welfare bills stall in WA Legislature
A push to change Washington's controversial "Keeping Families Together Act" fell short in this year's legislative session.
OLYMPIA, Wash. - A push to change a controversial state law to protect children fell short in this year's legislative session.
Critics of the "Keeping Families Together Act" were hoping to amend the law and make it easier to remove a child from a home where parents are using hard drugs like fentanyl.
Several bills to change the current law gained little traction during the committee process, causing some passionate pleas on the house floor.
What they're saying:
"Right now, we have a stunning crisis in child welfare," Rep. Travis Couture.
The Republican lawmaker says there have been more than 100 critical incidents in the last two years involving babies, toddlers and children that ended in deaths or near deaths. A majority of the cases were linked to hard drugs like fentanyl abused by parents.
The backstory:
The "Keeping Families Together Act," passed in 2021, sets a threshold of "imminent physical harm" for removing a child from a home. Critics say the standard creates a legal barrier that traps children in dangerous situations.
"From imminent physical harm, which is a matter of time, imminent is the measure of time and nobody, Mr. Speaker, has a crystal ball," Couture said.
Couture’s HB 1092 would establish a framework for removing a child from a home where hard drugs are present and set requirements for reunification.
Supporters rallied for the legislation at the state Capitol in January, but the bill did not receive a hearing. On the House floor, Couture listed heartbreaking examples of children exposed to drug addiction in their homes.
"And when that parent is overdosing on the couch or puking on themselves or urinating on their pants, as they left fentanyl residue all over the floor for their babies and toddlers to get into and die," Couture said.
Local perspective:
Couture also cited the high-profile case of Oakley Carlson.
"When the Department of Children, Youth and Families sent Oakley Carlson back to her criminal parents who were also addicted to drugs, where now we presume that she was murdered by her biological parents after being ripped from perfectly good foster care," Couture said.
That foster care was provided by Jamie Jo Hiles, who raised Oakley for more than two years before the state returned her to her biological parents, Jordan Bowers and Andrew Carlson, who are considered suspects in their daughter’s 2021 disappearance.
Hiles said she warned the Department of Children, Youth and Families that Oakley was being returned to an abusive home.
"When I called and reported my concerns about Oakley, I was told they can't do anything until there's physical harm that happens and where is Oakley now?" Hiles said.
Hiles was among those who hoped lawmakers would amend the Keeping Families Together Act this year.
"Couture mentioned it's not a political party thing. Republicans and Democrats want kids to be safe and that is so true, and if you say you care kids then what are you doing? You can say that all day long but it's your actions, it's your voting yes to keep kids safe that is going to make a difference," Hiles said.
What we know:
Couture also pushed for floor votes on two similar bills: HB 2511 from Republican Rep. Tom Dent and HB 2692 from Democratic Rep. Alicia Rule.
"All of these bills basically touch on the same thing, that the definition of imminent physical harm needs to be changed," Couture said.
All three bills failed to advance, and Couture’s attempt to revive them was voted down.
"Every bill that we've voted out of this body has been reported out by a standing committee, so I have to ask you to vote no," Rep. Joe Fitzgibbon said.
The other side:
Fitzgibbon, the House majority leader, said all members care about children’s safety.
"You and I may not see eye-to-eye on what the best way is to do that and that is why we have a committee process," Fitzgibbon said.
But Couture says not only did the bills stall, but he says the majority party would not even grant his bill any hearings during the committee process.
In previous debates over issue, the lead sponsor of the Keeping Families Together Act, Rep. Lillian Ortiz-Self, defended the law.
"We're hearing from the courts that it is clear now they know they can remove a child for fentanyl and opioids, they know the standard, and it's just now reaching across the state," Ortiz-Self said.
Lawmakers in 2024 passed Senate Bill 6109, sponsored by Democratic Sen. Claire Wilson. The measure directed courts to give "great weight" to the deadliness of synthetic opioids such as fentanyl when considering whether to remove a child from a home.
Couture argued that Senate Bill 6109 does not go far enough, pointing to rising numbers of children dying or nearly dying in the child welfare system.
By the numbers:
According to the latest data from the Department of Children, Youth and Families, critical incidents reached a record high in 2025, with 22 deaths and 35 near deaths through September. That is a total of 57 incidents, compared with 49 in 2024. More than half of last year’s critical incidents involved opioids.
"There’s an honest difference of opinion among legislators about what is the best way to keep kids safe," Fitzgibbon said.
Democratic leaders say bipartisan discussions are ongoing, but for Hiles, the legislative session has been a disappointment.
"Come talk to a grieving mother, look me in the eye, tell me that you care about kids and tell me why you voted no," Hiles said.
Why you should care:
A central goal of the Keeping Families Together Act is reducing the number of children in foster care, and it has done that.
In 2021, the year it passed, more than 4,000 kids entered out of home placement.
The law took effect in 2023 and by 2024, the number dropped to around 2,800.
It started rising again after lawmakers gave courts more clarity on the threat of opioids and last year the numbers ticked up to around 3,200 kids.
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The Source: Information in this story comes from original reporting by FOX 13 Seattle anchor Hana Kim and producer Brett Doolittle.