Dear reader.

This is an incredibly painful letter for me to write. It’s a teardown of a system that is dys-functioning to the point that I believe there is clear evidence of failure. I wish I could make this post shorter. Punchier. More obvious. Honestly, though, this IS the shorter version. For every dead child in this letter, there are 10 more I didn’t highlight.

Let that sink in for a moment. If you feel rage, I’ve been there with you. I am there with you every single time I get another message about a child who died. Yes. Because a few brave colleagues and I have jumped into this fight, we get the updates from the foster parents who were shut out when kids got returned home to unsafe conditions. We receive coded messages from sources within the agency who are afraid to share their names or titles for fear of retaliation. And of course, we get the news reporters asking us for sound bites when … yet another child dies a preventable death from the insane policy I will describe below.

I think the report below is not for the faint of heart. But if you care about the future of WA, and how we can make a difference together, I implore you to take 15 minutes to read it. And to share it, if you feel moved.

I am going to include a table of contents so you can skip to the different parts as well, if you want to skim it, or refer back to it.

Lastly, I’ve made efforts to provide downloadable original documentation throughout the article, along with links to external reports. I care less about being attributed than I do about ensuring you have enough information to help my colleagues and me address this issue once and for all.

Representative Joshua Penner | 31 LD

…is to protect those who cannot protect themselves. Yet, across Washington state, a silent and deadly crisis unfolds behind closed doors.

Earlier this month, a jury awarded $130 million in the wrongful death of a two-year-old toddler.

The jury found the state agency meant to protect kids, the Department of Children, Youth, and Families (DCYF), 90% liable for ignoring glaring warning signs and returning a vulnerable child to a lethal environment.

This historic and tragic verdict stems from a 2022 case, but it exposes a stubborn, deadly culture within DCYF. This culture constantly chooses the dangerous idea that the state must keep families together, no matter how toxic the home becomes.

Even more horrifying than the verdict itself is what happened after the little girl’s death.

Instead of fixing the broken system that killed that little girl, Washington politicians entrenched these exact policies into state law in 2023.

To appease a radically progressive theory on equity, they disregarded outcomes. They drove our state deeper into a black hole of theory over evidence, and the result is both tragic and predictable. Dead children.

We can no longer hide the truth behind bureaucratic red tape.

Washington currently rides a trajectory to set a tragic record, confirming 45 critical incidents (child fatalities and near-fatalities) in just the first three quarters of 2025 alone.

Before we discuss the laws that caused this, you need to know exactly what Washington’s child welfare policy looks like in reality.

How does the state justify leaving children in these lethal environments? Look no further than the recent case of a 9-year-old boy found abandoned in a moldy tent off Seattle's Aurora Avenue.

This specific corridor is a known containment zone for violence, where aggravated assaults recently rose by 72%, and where 1 in 3 runaway youth are approached for exploitation within 48 hours. Neighbors warned the child was going to die, yet DCYF concluded the boy was "not in danger".

My colleagues and I demanded answers. We sent a letter to DCYF Secretary Tana Senn, asking how the Department justifies a threshold that leaves a child in a moldy tent on a violent drug corridor.

We received this blunt, horrifying response from Secretary Senn:

She went on to state that "poverty, substance use, homelessness, and/or exposure to domestic violence... do not constitute negligence or maltreatment in and of themselves."

That is apparently the official position of the State of Washington.

A 9-year-old living in a drug-filled tent on a human trafficking corridor is considered "safe" because the violence isn't happening to him right this very second.

This standard is illuminating because it shows us all how the Keeping Families Together Act is applied in what should be a common-sense setting.

Active fentanyl use, exposure to elements, crime, no supervision, literally living on Aurora avenue … all this is less important than “imminent physical harm.”

Honestly, can you not see how this could end up in MORE children dying, not less?

Keep reading. It gets worse. Much worse..

Imagine knowing a child is trapped in a burning house, but the law forbids you from rescuing them until the flames actually touch their skin.

That is the nightmare Washington caseworkers live under right now.

In 2021, the Legislature passed the "Keeping Families Together Act" (House Bill 1227). When this law took effect in 2023, it codified dangerous practices within DCYF and other care agencies of our state government. In particular, it drastically raised the legal barrier for rescuing a child from an abusive home. It created a new standard called "imminent physical harm."

In plain English, "imminent" means it is happening right this very second.

Because of this impossibly high standard, a history of extreme neglect no longer matters. Living with known, violent abusers no longer matters. Being surrounded by deadly hard drugs like fentanyl and meth no longer matters.

The law now forces caseworkers to leave kids in terrifying, lethal environments unless the violence is immediate and visible the exact second they walk through the door.

DCYF treats child safety like a guessing game. Caseworkers open "risk-only" cases when they admit the child faces extreme danger but leave the child in the home anyway.

We handcuff our frontline workers. We force judges, prosecutors, and police officers to stand by helplessly while abusers hurt kids.

And children pay the ultimate price.

Unlike the bureaucrats perpetuating this pattern of death and financial ruin, we do not need to deal with abstract theories. We only need the courage to read the actual outcomes and to stand up and say, enough is enough!

Washington currently rides a trajectory to set a tragic record. In just the first three quarters of 2025, investigators confirmed 45 critical incidents, meaning child fatalities and near-fatalities.

While skyrocketing fentanyl deaths dominate the headlines, the "imminent harm" standard blinds the state to all forms of child abuse.

Final Warning: These are horrific stories about children who did not need to die. Once you start reading these, they will stick with you.

Before S.J.H’s father murdered her, DCYF received reports that he had hit her and her siblings repeatedly with a bamboo stick. The children felt terrified and told people their father hit them when they got in trouble. But because the caseworker didn't see the children in "imminent danger" during a visit, the state left the kids in the home. The father killed the child months later.

2020: First Contact: DCYF received reports from a relative and Adult Protective Services regarding S.J.H.'s mother's declining health. Following the mother's passing, DCYF opened an investigation because a medical provider feared S.J.H. lacked necessary medical follow-up. The father accessed the required medical care, and DCYF assessed S.J.H. as safe. At this early stage, the system did what it was supposed to: it checked in and ensured a child had basic needs met. But tragically, this marked the last time the state of Washington truly protected S.J.H.

2022: Warning Signs Begin: DCYF assigned a Family Assessment Response (FAR) case after an educator reported the father physically abused his partner's school-aged children. A caseworker observed a bruised child who expressed fear and stated S.J.H.'s father hit them with a bamboo stick. The caseworker observed S.J.H. but did not interview the child. This is where the blindfolds went on. A teacher sounded the alarm. A bruised, terrified child confessed that the father beat them with a weapon. Yet, instead of an aggressive rescue, the state took a few notes and walked away. The warning signs flashed neon red, but under Washington’s broken rules, a child’s terror doesn't trigger action.

2023: Another Missed Opportunity: DCYF opened a second CPS-FAR case regarding the family. Once again, the family blipped on the state’s radar. And once again, nothing changed. The bureaucratic wheel kept spinning, caseworkers shuffled the file around, and the state allowed a known abuser to maintain control of his household.

January 2025: Cries for Help: DCYF assigned a third CPS-FAR case after a school reported S.J.H.'s father physically abused his partner's three children. The youngest child bore linear bruises and said the father hit them; the oldest child reported being hit; and the middle child felt afraid at home but told the reporter they could not talk about it. On January 31, the caseworker spoke with law enforcement, who confirmed an April 2024 domestic violence incident between the father and his partner. Read that again! Multiple children with fresh bruises. A school begging for help. A documented history of domestic violence and police intervention. In any sane world, the state removes these kids immediately. But in Washington, the "Keeping Families Together Act" forces caseworkers to jump through impossible hoops to prove "imminent" harm, leaving children trapped with their abusers.

February 2025: Redefining "Danger:" On February 3, the caseworker attempted phone interviews due to snow, but the partner's phone lacked service. On February 7, police sent DCYF a report noting the DCYF caseworker specifically informed officers she did not believe the children faced "imminent danger." DCYF screened out the intake. Here is the smoking gun of our state's fatal policy. The caseworker explicitly used the exact language of the law—"imminent danger"—to justify leaving beaten, terrified children in a violent home. The law worked exactly as the majority party designed it to: it protected the abuser’s rights and abandoned the child.

April 2025: Turning Their Backs: DCYF officially closed the case, approximately one month prior to S.J.H.'s death. They stamped the paperwork, closed the file, and officially washed their hands of the situation. The state walked away from a five-year-old child living in a house of horrors.

May 29, 2025: Inevitable Tragedy: A detective contacted a DCYF supervisor to report that five-year-old S.J.H. had died. First responders reported significant injuries presumed to be from physical abuse. Police arrested S.J.H.'s father. The entirely preventable, heartbreaking end. S.J.H. did not have to die. The state knew about the bamboo stick. They knew about the bruises. They knew about the domestic violence. But because of the deadly "imminent harm" loophole, Washington state chose to protect the abuser over a five-year-old’s right to survive.

Before J.D. died, callers flooded DCYF with a staggering 85 intakes regarding this family. They reported meth use, physical abuse, and horrific living conditions, including maggots in the home.

Because caseworkers did not assess the children to be in "imminent danger," the six-month-old baby later died.

Pre-2024: A Mountain of Warnings: DCYF received dozens of calls reporting extreme danger, domestic violence, and heavy drug use. The agency opened multiple investigations, but closed them all as "unfounded" because parents denied the allegations and the state found no "imminent" threat.

December 2024: The mother gave birth to J.D.

January 2025: A caller reported the mother and her boyfriend gave cannabis to J.D.'s 12-year-old sibling. DCYF investigated but decided the children faced no immediate danger.

February 2025: Police pulled over the parents and arrested the father. DCYF rated the risk to the children as "high," but only offered voluntary services. The parents said no, and DCYF closed the case.

May 2025: A school reported the older sibling came to class high every day and told teachers the mother supplied the drugs. DCYF investigated, confirmed the parents used meth, and offered more voluntary services.

May 26, 2025: J.D. died. The parents got high on meth, slept in the same bed as the six-month-old, and crushed the baby between the bed and the wall. DCYF watched this family rack up 85 red flags. They knew the parents actively supplied drugs to an older child. But because the baby didn't face a visible weapon the exact second caseworkers knocked on the door, Washington law demanded they walk away.

F.F. died of brain death after suffering a shattered skull and rib fractures.

DCYF already knew the father had shattered the bones of his previous baby.

But because he completed a parenting class, they left a newborn in his care until he struck the fatal blow.

June 2023: First Broken Bones: DCYF investigated the parents for physically abusing F.F.'s two-month-old sibling. Medical experts confirmed severe, non-accidental trauma. The state found the parents guilty of physical abuse and severe neglect but kept the case open to offer services.

October 2024: F.F. was born into this exact same home.

November 2024: The father took newborn F.F. to the emergency room for a mouth injury. Medical workers call this a "sentinel injury"—a massive warning sign of escalating abuse. The hospital failed to report it, and DCYF kept the baby in the home, rating the risk as "high" but safe.

December 18, 2024: The parents rushed F.F. to the emergency room limp, blue, and not breathing. Doctors found healing rib fractures and a shattered skull. Police arrested the father for felony homicide. F.F. died four days later. Washington law prioritized the "rights" of a father who already broke an infant's bones over the life of his new baby.

W.T. died while napping in a bed littered with drug paraphernalia.

Months earlier, police found narcotics hidden in the child's food containers. DCYF held a meeting, decided there was no "active safety threat," closed the case, and left the toddler to die of fentanyl poisoning.

April 2024: Drugs in the Baby Food: Police arrested the father for driving under the influence. Officers searched his car and found narcotics hidden inside the child’s food containers, right next to the car seat. DCYF opened an assessment.

June 2024: State Hands Out Narcan : A DCYF caseworker visited the home, handed the parents a "harm reduction kit" with Narcan, and warned them about fentanyl. The parents denied using drugs and told DCYF to leave them alone.

July 2024: Declaring the Danger "Safe:" DCYF held a "Safe Child Consultation." They officially decided the toddler faced "no active safety threat," closed the case, and mailed the parents a letter about the dangers of fentanyl.

March 2025: Fatal Overdose: W.T. died. The toddler fell asleep in a bed covered in drug paraphernalia and suffered a fatal fentanyl overdose. Police literally found hard drugs hidden inside this baby's food containers. Under any rational standard, the state removes that child immediately. Under Washington's "imminent harm" standard, the state gave the parents Narcan, crossed their fingers, and walked away.

To solve a crisis, you must first face it. My Republican colleagues and I relentlessly tried to fix this broken system. We listened to the social workers, police officers, and judges who begged us to change the law.

We backed House Bill 1092 to create a legal presumption that the active use of hard drugs like fentanyl in a home automatically counts as imminent physical harm. This stops the deadly guessing game and lets caseworkers rescue kids immediately.

We backed House Bill 2511 to establish a clear, hard statutory definition of "imminent physical harm" so the courts can no longer ignore chronic abuse, domestic violence, and fentanyl exposure.

Instead of taking action, the majority party stalled these bills. They allowed the legislative session to end without closing the loophole. They actively obstructed solutions while children continue to die. They handed us a word salad of new court procedures that do absolutely nothing to remove kids from danger.

It shouldn't matter if the state watches 50 dead children or 90 dead children pile up. We should crawl out of our skin if it is even one.

Let’s be absolutely clear - We cannot sacrifice the safety of our children on the altar of bureaucratic or so-called progressive idealism. The moral cost of this failure sickens the soul. But the financial cost to Washington taxpayers also staggers the mind.

Before the recent $130 million jury verdict, the state supplemental operating budget already absorbed at least $42.9 million in specific identified lawsuit payouts over and above the 500 million already assumed in the biennial budget. These insane legal costs are directly related to these exact types of DCYF failures.

At this point we pay out hundreds of millions of dollars in wrongful death settlements, as a matter of “just doing business” because the state refuses to prioritize child safety.

Taxpayers directly fund a broken system that legally shields state negligence. YOU directly fund a system that shields itself from oversight and disregards criticism as racism, sexism, and whatever other “ism” shuts down the debate.

I know this because I and others have been literally pleading for this system to look inwards rather than casting blame outwards!

Thank you for reading this far!

Stick with me just a little longer…. In the next section below, I am going to share why I am reaching out to the Department of Justice to plead for the lives of our children in WA State.

I will keep fighting this fight as long as you let me fight it. We can fix this. But we can’t do it alone.

But I also have to be fully honest and open with you. I need YOUR help.

If I’m not re-elected, I can’t fight for you like this anymore. I need your help to return to Olympia and continue to elevate this fight all the way to the very TOP, if necessary.

Know this. Your donation today, helps me communicate this message to thousands more Washingtonians like yourself. I will put myself in the fire, but I can’t do it without you.

The state of Washington proved it cannot and will not self-correct.

Every child in this country holds a 14th Amendment right to life and equal protection under the law.

When state law actively dictates that an infant must face immediate, visible violence before the state intervenes, willfully ignoring the lethal, cumulative danger of chronic abuse and hard drug exposure, it is my opinion that the state violates those civil rights.

I believe this is a state-created danger. And by stripping away the ability of child welfare workers to protect the vulnerable, Washington subordinated the constitutional rights of children to the rights of their abusers.

Because Olympia refuses to act, I am calling on my colleagues to support me in looking outward.

We urgently need the United States Department of Justice (DOJ) Civil Rights Division to intervene and investigate Washington's child welfare system.

The DOJ must examine these statutory frameworks for a pattern or practice of violating the civil rights and physical safety of our most vulnerable children.

We cannot wait for another critical incident report. We cannot wait for another multi-million dollar wrongful death settlement.

We must demand accountability for survival, and we must do it now.