Lawmaker says Ariel Garcia's death shows gap in Washington law to protect kids

As prosecutors review murder charges against the mother of 4-year-old Ariel Garcia, a state lawmaker says the events leading up to his death last week should also be scrutinized.

The boy’s mother, Janet Garcia, is being held in the Snohomish County Jail on suspicion of first-degree murder. Everett police allege she violently killed her son, dumped his body on the side of I-5, and then fled to southern Washington.

Court filings show Janet Garcia’s mother had applied for and was granted guardianship of Ariel Garcia last week, prior to his disappearance and death. The grandmother claimed Janet Garcia’s drug use was increasing and her behavior was violent and unpredictable.

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“It was just a day late with the emergency placement with the grandmother,” said Rep. Travis Couture, R – District 35. “Had we removed little Ariel and placed with grandmother, that would have been the perfect scenario."

"It’s a kinship care," Couture said. "It’s still biological family, but it would have given the state and the mother a chance to go through treatment.”

Couture proposed a bill this year that would change the state code to say drug use by the caretaker of a child would constitute "reasonable grounds to believe removal is necessary."

Couture's bill did not advance in the legislature, but S.B. 6109 did pass, which instructs courts to give "great weight" to substance abuse when deciding whether removal is necessary.

“If someone is on hard drugs like meth, heroin, or fentanyl, they’re not thinking about taking care of their child. They are thinking about getting their next hit," Couture said.