Seattle, WA – Representative Lillian Ortiz-Self maintains her stance that her legislation, House Bill 1227, is not at fault for the tragic death of an infant under the care of his reportedly drug-using father. However, the prosecuting attorney of Jefferson County holds a different view.
Initially intended to address racial and economic disparities within child protective services and promote family cohesion, HB 1227 has come under scrutiny following recent events.
In a recent interview with FOX 13 News, Ortiz-Self defended her bill, emphasizing that it did not strip social workers of their authority to act in the best interest of children. This week, she further reiterated her position in a YouTube video responding to allegations linking her law to the infant’s death.
“The law never touches that you can’t remove a child for homelessness, or substance abuse, or poverty. It says that that can’t be the only factor,” Ortiz-Self stated in the video.
However, Jefferson County Prosecuting Attorney James Kennedy disputes Ortiz-Self’s assertions, expressing disappointment at her denial of any issues with the law.
“It’s disheartening to see Representative Ortiz-Self essentially deny that there’s a problem because if we’re denying there’s a problem, then we’re not fixing what needs to be fixed,” Kennedy remarked.
HB 1227 stipulates that a child cannot be removed from a home without evidence of imminent physical harm. Kennedy argues that this provision effectively undermines the criteria for determining such harm, making it challenging for social workers or law enforcement to intervene in potentially dangerous situations.
“That would be like ‘the child is residing in a building that’s currently on fire.’ I mean it’s hard to conceive of what’s going to cause the child to face imminent physical harm, but then not be something that is tied to homelessness, drug addiction, mental illness, or some of the other factors that have been exempted from the law,” Kennedy explained.
According to Kennedy, this places an undue burden on social workers and police officers, requiring them to provide more substantial evidence than typically necessary in court.
“This is going to be very hard for them to feel that their hands are tied and watch kids go to homes or situations where they know they’re going to face harm,” he added.
The scrutiny over HB 1227 intensified following the tragic case of Jordan Sorensen, who was charged with crimes related to concealing his infant son’s body after the child’s death. Sorensen, a known drug user without stable housing, was deemed by the Department of Children, Youth, and Families (DCYF) as the safest caregiver for his child, despite concerns raised by police.
Kennedy emphasized the need for legislative changes to address the perceived shortcomings of the law. Several new bills, including Senate Bill 6109 and House Bill 2447, are currently under consideration to address the issues raised by HB 1227.
In response to inquiries, the Department of Children, Youth, and Families expressed support for House Bill 2447.