The department will not provide third party liability reimbursement for the following:

1. (1) Claims resulting from:

   1. (a) Licensed caregivers or their household members giving alcoholic beverages, tobacco products, or other illegal substances to children or youth placed in their home or in respite care;

   2. (b) Acts committed by licensed caregivers that are:

      1. (i) Dishonest;
      2. (ii) Fraudulent;
      3. (iii) Criminal; or
      4. (iv) Intentional; and
   3. (c) Licensed caregivers deliberately leaving out important information for the claim;
   4. (d) Licensed caregivers' violation of any statute, ordinance, or regulation;
   5. (e) Licensed caregivers' illegal conduct or bad faith acts when providing care to children or youth;

   6. (f) Failure of the licensed caregivers to:

      1. (i) Give directions or instructions; or
      2. (ii) Provide proper or adequate supervision;
   7. (g) Sexual abuse or other sexual behaviors by any individual;
   8. (h) A judgment against licensed caregivers based on alienation of affection; and
   9. (i) Acts by children or youth that occur while they are on a temporary planned, unplanned, or voluntary absence from the placement; and
2. (2) Unsubstantiated claims; and
3. (3) Claims not received by the department within one year after the date of the occurrence, regardless of the reason for the delay in filing the claim.

[Statutory Authority: RCW 74.13.031 and 74.14B.080. WSR 26-09-128, s 110-50-0970, filed 4/21/26, effective 5/22/26. WSR 18-14-078, recodified as § 110-50-0970, filed 6/29/18, effective 7/1/18. Statutory Authority: RCW 74.13.031. WSR 01-08-047, § 388-25-0335, filed 3/30/01, effective 4/30/01.]