A public hearing for H.B. 1397, aka the Oakley Carlson Act, took place Friday, Feb. 17 before the Washington House Human Services, Youth & Early Learning committee. The committee, which is comprised of seven Democrats and four Republicans, watched and listened as more than an hour’s worth of testimony was given in support and opposition to the proposed legislation.

As stated in the writing of H.B. 1397, the bill looks to “improve the operations and oversight of Washington’s child welfare system.” One of the major components of the bill, if passed, would require the Washington Department of Children, Youth, and Families (DCYF) to perform casework supervision regarding child reunification for a minimum of five years before conducting its final hearing and gaining input from a court decision before closing a case. The current policy under Washington law allows DCYF to close a case after six months.

With the disappearance two years ago of 6-year-old Oakley serving as the catalyst, DCYF has seen its policy protocol of child reunification under heavy scrutiny from the public, media members and politicians. Earlier this month, a 25-year-old Tacoma woman, Ivey Marie Lewis, was charged with first- and second-degree murder in the death of her 3-year-old son. Investigators would soon uncover that the boy, who was found with burn marks, cut marks and trauma to the front of the head, was given back to his mother from foster care six months before his death.

“What this bill does is clarifies and strengthens the terms and conditions on which a child can be reunited with troubled birth parents. It maintains the good and noble goal of our public policy, which is the reunification of families where possible, but it does hold our overseeing agency, DCYF, to a higher standard of review and oversight,” said 19th District Republican Rep. Jim Walsh, the main sponsor of H.B. 1397. “This is a good and needed reform of how DCYF operates. If DCYF doesn’t reform how it oversees the reunification of children with troubled parents, the agency will continue to lose the trust and confidence of the people in this state.”

Mixed in with testimonies supporting H.B. 1397 from DCYF-licensed foster parents, Light the Way Missing Persons Advocacy Project, and private citizens, came emotional advocacies for the legislation; one of which was presented by Oakley’s foster mother Jamie Jo Hiles.

“If you can sit here and feel defensive in any manner for Washington DCYF then I’m here to tell you that you do not have children’s best interest in mind,” Hiles said. “This isn’t a money principle; this is an ethics principle. My daughter’s life should not be used for an agenda. My daughter is missing and DCYF played a part in failing to protect her.”

In her testimony, Hiles expressed her favorite moments raising Oakley and claimed her reports to DCYF of Oakley being at risk with her birth parents, Andrew Carlson and Jordan Bowers, weren’t handled properly. Both Carlson and Bowers remain prime suspects in the disappearance of Oakley with Bowers currently in Grays Harbor County Jail on trial for multiple counts of identity theft.

Another heart-wrenching testimony came from Ashlee Barnes, the aunt of Hazel Homan, a 3-year-old girl who died in 2019. Barnes alleges DCYF failed to intake multiple abuse and neglect claims that Homan received under the supervision of her biological father and his girlfriend, who was sentenced 34 years in prison for Homan’s death. Reunification was allowed after the father had to take only one domestic violence assessment and one failed intake of abuse stemmed from a second-degree burn to the eye that Homan received from battery acid.

While many of the testimonials given were in support of H.B. 1397, there was also opposition from multiple individuals, the most notable of which came from DCYF.

“We’re deeply concerned that this bill would not keep children safe but would result in a high level of intrusive surveillance for families where safety threats have been mitigated and no longer exist,” said Allison Kurtsinger, the director of Government Affairs and Community Engagement for DCYF. “It treats the symptom not the cause. It does not provide for the treatment facility and the ongoing services necessary to support the journey of recovery.”

Kurtsinger, who stated she could not speak about any specific case due to confidentiality rules, said the rampant increase in substance use disorder across the state should be addressed. When asked by 42nd District Democratic Rep. Alicia Rule for clarification of the protocols regarding risk assessment and child reunification, Kurtsinger said DCYF is in the process of updating its removal standards by July 1. DCYF wants a process to determine which children would be taken out of the home if “imminent physical harm” is present. Kurtsinger also said “substance use does not mean children are at risk necessarily but it’s a contributing factor” regarding removal and reunification suggestions.

Opposition to H.B. 1397 also came from Kati Durkin, a representative from the Washington Federation of Employees. She claims that while the Oakley Carlson Act is a “well-intentioned bill,” it would provide an increased amount of casework for DCYF, which is currently understaffed and unfunded for the bill to be implemented properly. When allowed to present her stance on the legislation if staffing and funding concerns were addressed, Durkin said she’d be a proponent of H.B. 1397.

Following all the testimonies and the conclusion of the hearing, Hiles expressed her gratitude to the people who testified in support of the bill with her and said she felt most of the opposition wasn’t concerned about what the focus should be.

“It felt like a lot of the con people, it was money driven. Unfortunately, they’re not thinking of the safety of children, they’re thinking about what they can gain from it to lessen their workload,” Hiles said.

Walsh said he felt encouraged by the testimony and said it was generous of the committee chair, 41st District Democratic Rep. Tana Senn, to allow a hearing for the bill. Moving forward, Walsh explained that multiple routes can be taken to get the bill to a floor vote, with the longest being another hearing during the next legislative session. He said Senn would not be holding a vote to move the bill forward as of Friday.

It remains cloudy how H.B. 1397 would be supported if brought to a floor vote as it would need a simple majority vote in the House, then go through the same process in the Senate. If both the House and Senate passes the bill, it would be sent to Gov. Jay Inslee, who has the power to veto any legislation.

Contact Reporter Allen Leister at 360-463-3572 or allen.leister@thedailyworld.com