Newborn babies in Washington are testing positive for drugs at a rate far above the national average, with many suffering from neonatal abstinence syndrome (NAS) caused by in-utero drug exposure. In Spokane County, the rate is nearly 3.5 times the national average, making it one of the hardest-hit areas in the country.
The surge in drug-affected births comes in the wake of the 2023 “Keeping Families Together Act” (HB 1227), a Democrat-led law that restructured child welfare policy by prioritizing family preservation—even in cases involving substance abuse and homelessness. The law prevents state agencies from removing children from homes solely due to drug use or inadequate housing unless there is immediate physical harm.
Critics warn the law is endangering children by tying the hands of child welfare workers. “We have too many families that are not getting the care they need,” said Dr. Eka Burduli, the lead researcher behind a Washington State University report showing NAS rates in the state nearly double the national average.
The state’s worsening homelessness crisis adds to the problem. Washington ranks third in the nation for homelessness, and research shows strong ties between homelessness, drug addiction, and child endangerment. Under HB 1227, children remain in homes where fentanyl, meth, and other substances are present—homes that would previously have triggered intervention.
In response, Republicans introduced a bill to classify the presence of illicit drugs in a household as “imminent harm,” mandating immediate removal of children. The bill also proposed equipping caseworkers with fentanyl test strips and risk assessment tools. Democrats, however, blocked the proposal and passed a weakened alternative, HB 2447.
State Rep. Travis Couture blasted the decision, saying Democrats “chose radical drug and equity ideology over the lives of innocent children.” He cited nearly 3,000 overdose deaths in Washington in 2022—more than the total deaths in Operation Enduring Freedom—and described the situation as a “mass casualty on our streets.”
Tragic real-world consequences have followed. Last year, a one-month-old baby with fentanyl in his system was found dead in the bushes after being placed in temporary custody with a father who vanished after failing drug tests. In another case, a mother allegedly stabbed her 4-year-old son over 40 times before checking into rehab. The child’s grandmother had warned the court just a week earlier, pleading for custody due to the mother’s escalating drug use and violence.
As Washington reels from the fallout of these policy decisions, critics are demanding accountability—and urgent action to prevent further child fatalities.
