S-4044               _______________________________________________

                                                   SENATE BILL NO. 6527

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Kreidler and Bailey

Read first time 1/17/90 and referred to Committee on  Children & Family Services.

AN ACT Relating to insurance for foster parents; adding a new section to chapter 74.14B RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature recognizes the unique risks that foster parents face in taking children into their care.  Third parties may file claims against foster parents for property losses and damage caused by foster children, nearly all of whom "act out" their emotional pain.  The legislature finds that some potential foster parents are unwilling to subject themselves to such liability without insurance protection.  The legislature further finds that to encourage those people to serve as foster parents, it is necessary to assure that such insurance is available to them.

NEW SECTION. Sec. 2.  A new section is added to chapter 74.14B RCW to read as follows:

          (1) The secretary of social and health services shall provide liability insurance to foster parents licensed under chapter 74.15 RCW.  Unless the foster parent has professional liability insurance which shall be primary to the insurance provided herein, the coverage shall be primary, with no deductible, in an amount not to exceed one million dollars for bodily injury and property damage alleged to have occurred within their capacity as foster parents.  However, such insurance may not cover illegal conduct, gross negligence, or bad faith acts taken in providing foster care on the part of the foster parents.

          (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.

          (3) Nothing in this section is intended to modify the foster parent reimbursement plan in place on the effective date of this act.

          (4) The liability insurance program shall be available by July 1, 1990.