their homes — allowing placement only in response to risk of “imminent physical harm.” It also codified that “community or family poverty, isolation, single parenthood, age of the parent, crowded or inadequate housing, substance abuse, prenatal drug or alcohol exposure, mental illness, disability or special needs of the parent or child, or nonconforming social behavior does not by itself constitute imminent physical harm.” • On Sept. 3, 2020, the Washington State Supreme Court issued an opinion in the In re Dependency of Z.J.G and M.E.J.G. holding that a court has a “reason to know” that a child is or may be an Indian child when a participant in the child custody proceeding indicates that the child has tribal heritage. The Supreme Court’s opinion clarifies that if there is any indication from any participant that a child has tribal heritage, the protections under the federal Indian Child Welfare Act (ICWA) must be applied. This expansion in “reason to know” will increase the number of child welfare cases in which these protections apply. Additionally, DCYF must improve its culturally relevant and responsive service delivery in which there is “reason to know.” • On June 24, 2021, a court opinion in In re Dependency of G.J.A, A.R.A., S.S.A., and V.A., clarified “active efforts” the department must make to prevent the breakup of the Indian family. It also specified that services provided to prevent out-of-home placement and termination of parental rights must be culturally appropriate to the child’s tribal heritage. To meet this higher standard in these cases, DCYF will need to increase staff to provide collaborative case planning and implementation, train staff, monitor and promote policy compliance, and expand contracts with tribes to provide culturally appropriate services to Native families in the expanded number of cases in which ICWA and WICWA apply. • A federal class-action lawsuit, D.S. v. DCYF, was filed in 2021 by Disability Rights Washington, the National Center for Youth Law, and Carney Gillespie PLLP . 5 The lawsuit was settled in June 2022. The settlement agreement laid out a plan for DCYF to “better provide for dependent children with behavioral health and developmental disabilities to be promptly reunified with their families and adequately supported while in out-of-home care.” 6 • In 2022, after 24 years, the state exited Braam vs. State of Washington, a class-action lawsuit to improve conditions for children in foster care. 7
5 Disability Rights Washington (n.d.). D.S. V. DCYF. 6 Fitzgerald, M. (2022, June 9). Washington settles lawsuit involving foster youth left sleeping in offices and hotels. The Imprint. 7 Columbia Legal Services (2019, Feb 1). Braam v Washington.
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