HOUSE BILL REPORT

SSB 5035

As Amended by the House

BYSenate Committee on Children & Family Services (originally sponsored by Senators Kreidler, Smith, Stratton, Bauer and Rasmussen)

Providing for a program of insurance for foster parents.

House Committe on Human Services

Majority Report:  Do pass.  (11)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Anderson, Brekke, Hargrove, Leonard, Padden, Raiter and Winsley.

House Staff:Jean Wessman (786-7132)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended. (24)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; Silver, Ranking Minority Member; Youngsman, Assistant Ranking Minority Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Brough, Dorn, Ferguson, Hine, May, McLean, Nealey, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Sandi Gray (786-7136)

AS PASSED HOUSE APRIL 10, 1989

BACKGROUND:

Foster parents are not entitled to have the Office of the Attorney General represent them if they are sued for activities related to the provision of foster care.  Although foster parents do receive reimbursement for some legal fees and costs, the reimbursement levels are insufficient to financially protect foster parents from a lawsuit.

The Department of Social and Health Services' reimbursement system does not reimburse foster parents if they are sued by a foster child or his or her natural parents, guardian or guardian ad litem.  The reimbursement system only reimburses foster parents for limited property damage and injuries.

SUMMARY:

The Office of the Attorney General shall represent a foster parent who is sued by the foster child or his or her parent or guardian for an incident which occurs during the good faith provision of foster care services.  The Attorney General shall not represent foster parents in actions brought by the Department of Social and Health Services.

The Department of Social and Health Services, in cooperation with the Office of Risk Management and the Office of the Insurance Commissioner, shall establish a task force to examine insurance problems pertaining to foster parents.  The task force is to report to the Legislature on its findings by December 1, 1989.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Human Services) Don Knapp, Foster Parents Association of Washington State; John Weeden, Department of Social and Health Services; Kate Steele, Office of Risk Management.

(Appropriations) Bob Shirley, Department of Social and Health Services.

House Committee - Testified Against:      (Human Services) None Presented.

(Appropriations) None Presented.

House Committee - Testimony For:    (Human Services) Foster parents are at risk of losing all of their personal resources if they are sued since they are unable to obtain liability insurance.  Homeowner's policies will not cover damages or claims made as a result of providing foster care services.  The state places children with foster parents who are willing to receive them, but they should be guaranteed some protection against possible misfortunes and damages arising from accepting that responsibility.  Either the state should provide liability insurance or legal representation for foster parents who already serve the state for inadequate reimbursement.

(Appropriations) Amendments are needed to clarify when the attorney general should represent foster parents in legal actions against them.

House Committee - Testimony Against:      (Human Services) None Presented.

(Appropriations) None Presented.