The department excludes the following claims from coverage under the foster parent liability fund:
(1) Claims arising as a result of a foster parent's illegal conduct or bad faith acts in providing family foster care. Such conduct or act includes but is not limited to:
(a) Loss arising out of a dishonest, fraudulent, criminal, or intentional act or omission;
(b) Loss arising out of licentious, immoral, or sexual behavior;
(c) Loss occurring because the foster parent provided a foster child with an alcoholic beverage or controlled substance, other than medication prescribed for the foster child in the amounts prescribed by a physician or other licensed or authorized medical practitioner;
(d) A judgment against the foster parent based on alienation of affection.
(2) Claims based on an occurrence not arising from the family foster care relationship. This includes a foster child's act occurring while the child was temporarily assigned outside the jurisdiction of the foster parent.
(3) Claims for a bodily injury or property damage arising out of the operation or use of any motor vehicle, aircraft, or water craft owned by, operated by, rented to, or loaned to any foster parent; or
(4) Claims for an injury or damage from an occurrence before July 1, 1991.
[Statutory Authority: RCW 74.13.031. 01-08-047, § 388-25-0320, filed 3/30/01, effective 4/30/01.]