6331-PS AMS MCAU S5077.1

PSSB 6331 (S-4898.2/06)  - S AMD73
     By Senator McAuliffe

     On page 12, beginning on line 1, strike all of section 5 and insert the following:

"NEW SECTION.  Sec. 5   A new section is added to chapter 74.13 RCW to read as follows:
     (1) A care provider may not be found to have abused or neglected a child under chapter 26.44 RCW or be denied a license pursuant to chapter 74.15 RCW and RCW 74.13.031 for any allegations of failure to supervise wherein:
     (a) The allegations arise from the child's conduct that is substantially similar to prior behavior of the child, the child has behavioral or emotional problems that were known to the department, and the problems were not disclosed to the care provider as required by RCW 74.13.280;
     (b) The allegations arise from the child's conduct, the child is a sexually aggressive youth as defined in RCW 74.13.075, and the care provider had no prior knowledge that the child was sexually aggressive; or
     (c) The child was not within the reasonable control of the care provider at the time of the incident that is the subject of the allegation.
     (2) Allegations of child abuse or neglect against a care provider that meet the provisions of this section shall be designated as "unfounded" as defined in RCW 26.44.020."

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