We, the undersigned, express our concern regarding the unintended consequences of House Bill 1227, the "Keeping Families Together Act," enacted in Washington state in July 2023. While we support efforts to reduce racial disparities and the harm caused by separating children from their families, recent data indicates alarming trends that must be addressed.

Since the law's implementation, child deaths and near-deaths in Washington state have increased by 114%, a statistic highlighted by a KING 5 investigation. While the rise in fatalities and near fatalities may be attributed in part to the fentanyl epidemic, it is undeniable that the changes brought by HB 1227 have had significant implications for child safety. The DCYF’s stance that the law is not responsible for these outcomes does not sufficiently address the growing concerns surrounding the protection of vulnerable children.

The law's increased legal threshold for removing children from their homes and its clarifications regarding what constitutes "imminent physical harm" may be inadvertently putting children at risk by delaying intervention in situations where immediate protection is necessary. As the fentanyl epidemic continues to ravage communities, we believe that the law’s limitations in responding to certain urgent circumstances have exposed children to greater harm.

Therefore, we call for a review and revision of HB 1227 to ensure that children’s safety is not compromised in an effort to keep families together. We urge the state to:

1. Reevaluate the legal criteria for removing children from homes to prioritize the protection of children in all circumstances.
2. Ensure that the law accounts for the rising dangers associated with drug epidemics, such as fentanyl, and provides DCYF with the ability to act swiftly in life-threatening situations.
3. Implement safeguards to balance the goal of family preservation with the need for immediate intervention to protect children from imminent harm.

We ask that lawmakers reconsider the provisions of HB 1227 in light of these concerns and take swift action to prevent further loss of life or near-death incidents among children in Washington state.