Washington Code 9A.42.090 – Abandonment of a dependent person — Defense
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It is an affirmative defense to the charge of abandonment of a dependent person, that the person employed to provide any of the basic necessities of life to the child or other dependent person, gave reasonable notice of termination of services and the services were not terminated until after the termination date specified in the notice. The notice must be given to the child or dependent person, and to other persons or organizations that have requested notice of termination of services furnished to the child or other dependent person.
Terms Used In Washington Code 9A.42.090
- Basic necessities of life: means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication. See Washington Code 9A.42.010
- Child: means a person under eighteen years of age. See Washington Code 9A.42.010
- Dependent: A person dependent for support upon another.
- Dependent person: means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. See Washington Code 9A.42.010
- Employed: means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. See Washington Code 9A.42.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
The department of social and health services and the department of health shall adopt rules establishing procedures for termination of services to children and other dependent persons.
[ 1996 c 302 § 5.]
NOTES:
Severability—1996 c 302: See note following RCW 9A.42.010.