Whenever an action or proceeding for damages shall be instituted against any state officer, including state elected officials, employee, volunteer, or foster parent licensed in accordance with chapter 74.15 RCW, arising from acts or omissions while performing, or in good faith purporting to perform, official duties, or, in the case of a foster parent, arising from the good faith provision of foster care services, such officer, employee, volunteer, or foster parent may request the attorney general to authorize the defense of said action or proceeding at the expense of the state.

NOTES:

Findings1989 c 403: “The legislature finds and declares that foster parents are a valuable resource providing an important service to the citizens of Washington. The legislature further recognizes that the current insurance crisis has adversely affected some foster family homes in several ways: (1) In some locales, foster parents are unable to obtain liability insurance coverage over and above homeowner’s or tenant’s coverage for actions filed against them by the foster child or the child’s parents or legal guardian. In addition, the monthly payment made to foster family homes is not sufficient to cover the cost of obtaining this extended coverage and there is no mechanism in place by which foster parents can recapture this cost; (2) foster parents’ personal resources are at risk. Therefore, the legislature is providing relief to address these problems.” [ 1989 c 403 § 1.]

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Terms Used In Washington Code 4.92.060

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.