(1) A care provider
may not be found to have abused or neglected a child under
chapter 26.44 RCW or be denied a license pursuant to chapter 74.15 RCW and RCW 74.13.031 for any allegations of failure to
supervise in which:
(a) The allegations arise from the child's conduct that is
substantially similar to prior behavior of the child, and:
(i) The child is a sexually reactive youth, exhibits
high-risk behaviors, or is physically assaultive or physically
aggressive as defined in RCW 74.13.280, and this information and
the child's prior behavior was not disclosed to the care provider
as required by RCW 74.13.280; and
(ii) The care provider did not know or have reason to know
that the child needed supervision as a sexually reactive or
physically assaultive or physically aggressive youth, or because
of a documented history of high-risk behaviors, as a result of
the care provider's involvement with or independent knowledge of
the child or training and experience; or
(b) The child was not within the reasonable control of the
care provider at the time of the incident that is the subject of
the allegation, and the care provider was acting in good faith
and did not know or have reason to know that reasonable control
or supervision of the child was necessary to prevent harm or risk
of harm to the child or other persons.
(2) Allegations of child abuse or neglect that meet the
provisions of this section shall be designated as "unfounded" as
defined in RCW 26.44.020.
[2009 c 520 § 93; 2007 c 220 § 5.]