H-1245.1  _______________________________________________

                          HOUSE BILL 1619

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives McDonald, Kagi, Boldt, Lovick, Tokuda, Wood, Clements, Carrell, D. Schmidt, Linville, Dickerson, O'Brien, Mielke, Kenney and Haigh

Read first time 02/01/1999.  Referred to Committee on Children and Family Services.

Changing the liability insurance of foster parents. 

    AN ACT Relating to foster parents; amending RCW 74.14B.080; creating a new section; making an appropriation; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature recognizes that Washington state is experiencing a significant shortage of quality foster homes and that the majority of children entering the system are difficult to place due to their complex needs.  The legislature intends to provide additional assistance to those families willing to serve as foster parents.

    Sec. 2.  RCW 74.14B.080 and 1991 c 283 s 2 are each amended to read as follows:

    (1) Subject to subsection (2) of this section, the secretary of social and health services shall provide liability insurance to foster parents licensed under chapter 74.15 RCW.  The coverage shall be for personal injury and property damage caused by foster parents or foster children that occurred while the children were in foster care.  Such insurance shall cover acts of ordinary negligence but shall not cover illegal conduct or bad faith acts taken by foster parents in providing foster care.  Moneys paid from liability insurance for any claim are limited to the amount by which the claim exceeds the amount available to the claimant from any valid and collectible liability insurance.  The liability insurance provided under this section shall reimburse foster parents for the replacement value of the item damaged or destroyed.

    (2) The secretary of social and health services may purchase the insurance required in subsection (1) of this section or may choose a self-insurance method.  The total moneys expended pursuant to this authorization shall not exceed ((five hundred thousand)) one million dollars per biennium.  If the secretary elects a method of self-insurance, the expenditure shall include all administrative and staff costs.  If the secretary elects a method of self-insurance, he or she may, by rule, place a limit on the maximum amount to be paid on each claim.

    (3) Nothing in this section or RCW 4.24.590 is intended to modify the foster parent reimbursement plan in place on July 1, 1991.

    (4) The liability insurance program shall be available by July 1, 1991.

NEW SECTION. Sec. 3.  The sum of two hundred ninety thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of social and health services for the fiscal year ending June 30, 2000, to carry out the purposes of section 2 of this act.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999.

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