Washington’s outdated sentencing scheme for system-involved youth restricts judges’ ability to craft a rehabilitative response for the individual in each case. Instead, the current law forces many youth to serve their sentence in a youth prison so badly overcrowded that young people cannot get timely access to the bathroom and are forced to relieve themselves in plastic bottles in their cells.

HB 2389 fixes this problem by allowing judges to consider the youth’s needs and available community placements first, before automatically sending them to prison. The bill would also reduce excessive robbery sentences and allow youth to earn the opportunity for a mid-sentence assessment for potential early release if they demonstrate significant rehabilitation.

Washington state adopted the Uniform Guardianship Act (UGA) in 2021, resulting in a new minor guardianship process. Since the UGA went into effect, many implementation challenges have been identified, creating confusion and barring access to justice. LCYC files minor guardianship petitions on behalf of our youth clients in several counties, serving as an important tool to reduce unnecessary entry into the child welfare system and prevent youth homelessness. SB 5837 would advance access to justice by creating consistency across jurisdictions, removing financial barriers to access the court, and ensuring reliable and timely decision-making on cases.

In July 2023 (bill passed in 2021), Washington state aligned its child-removal standards with those of the Indian Child Welfare Act, a long-established law intentioned to protect the best interests of children and families, with the enactment of the “Keeping Families Together Act”. Simultaneously, Washington state has felt the impact of a growing opioid epidemic and reduction in resources for families, resulting in a rise of fatalities or near-fatalities of children, also known as “critical incidents”, who have made contact with DCYF within the past 12 months.

The current removal standard provides courts with adequate authority to remove children from their parents when facing severe emotional abuse, severe neglect, and physical abuse. And in acknowledgement of the impact the opioid epidemic has had on child welfare, in 2024 the legislature responded by requiring courts give “great weight” to the presence of opioids in the home when considering removal from parents and taking a child into foster care.

The rise of critical incidents should not be taken lightly, and we are committed to solutions that directly address the problem. That’s why LCYC, in partnership with the Keeping Families Together Coalition (KFT), is proposing HB 2497, which focuses state resources to address critical incidents and further guides our courts and DCYF to ensure safety for children. We also hope to see the legislature fund additional strategies that promote child safety including strengthened coordination between DCYF and community-based service providers, and more options for family-centered treatment and medication for opioid use disorder (or MOUD).