Summary

The Washington State Legislature is considering a bill that, if passed, would help thousands of parents across Washington who are in recovery from substance use disorder reunite with their children.

Story

The Washington State Legislature is considering a bill that, if passed, would help thousands of parents across Washington who are in recovery from substance use disorder reunite with their children.

The bill, introduced by Sen. Judy Warnick at the request of King County Councilmember Reagan Dunn, seeks to provide a fix to the problem that many parents in recovery face: there is no clear pathway for parents who have lost access to their kids due to court intervention to demonstrate progress and get their parenting plan modified. Warnick and Dunn partnered to clear up this ambiguity so that parents may fully understand the benchmarks they need to meet to spend more time and rebuild relationships with their children.

"This bill is about doing what is best for families who have been broken by addiction,” Dunn said. “Recovery from substance use disorder is always possible, and providing parents with a clear path to earning their way back to their kids someday can not only be a motivating factor for the parents — but also a way to bring healing to the children who have had their lives turned upside down by addiction.”

The current state law that addresses parenting plans, RCW 26.09.260, only goes as far as to say that a parent “may not seek expansion of residential time…unless that parent demonstrates a substantial change in circumstances specifically related to the basis for the limitation.” However, what constitutes a “substantial change” for a parent in recovery remains undefined in state law. Senate Bill 5920 would update RCW 26.09.260 to provide a benchmark for parent to seek a modification to their parenting plan: the achievement of 24 consecutive months of sobriety confirmed by evidence that the court deems appropriate, such as random urinalysis tests or hair and nail tests. While judges will continue to have the discretion to provide earlier opportunity to modify a parenting plan, this new standard will help provide a clearer path for those in recovery.

“Many families are struggling for a variety of reasons to provide for their children during these difficult times. My goal through introduction of this legislation is to help parents who have been separated by court decisions regarding substance issues that interfere in parental duties,” Warnick said. “If parents can meet the recovery requirements outlined under this legislation, they could begin the process of reunification with their children and the rebuilding of family connections.”

Broadly, parenting plans are put into place by the courts for the well-being of the children in question in cases of violence, abuse, or neglect, and also when a parent’s involvement or conduct may have an adverse effect on the child’s best interests. In the case of parents with a substance use disorder, they can be separated from their children by the court if the substance use interferes with the performance of parenting functions.

Senate Bill 5920 will be heard at a virtual meeting of the Senate Law and Justice Committee on Monday, January 31 at 9:30 AM. There will be an opportunity for public testimony; interested parties can sign up to testify at the Committee Hearing webpage.