SENATE BILL REPORT

SB 5035

BYSenators Kreidler, Smith, Stratton, Bauer and Rasmussen

Providing for a program of insurance for foster parents.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 8, 1989; February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5035 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton.

Senate Staff:Jennifer Strus (786-7472)

                  February 28, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 28, 1989

BACKGROUND:

Foster parents are reimbursed for certain costs on a very limited basis.  They 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 some costs, the reimbursement levels are insufficient to financially protect foster parents from a lawsuit.

DSHS' 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 some property damage and some injuries.

SUMMARY:

The original bill was not considered.

EFFECT OF PROPOSED SUBSTITUTE:

The Office of Attorney General shall represent a foster parent who is sued for an incident which occurred during the good faith provision of foster care or during the foster care relationship.

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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Senator Mike Kreidler, prime sponsor; Gary Alexander, Department of Risk Management (pro); John Weeden, DSHS Foster Care Program Manager (pro); Dave Odegaard, Insurance Agent (pro); Don Knapp, President, Foster Parents' Association of Washington State (pro)