S-1230.3                   _______________________________________________

                                                     SENATE BILL 5706

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Hargrove and Erwin

Read first time 02/10/93.  Referred to Committee on Law & Justice.

Prohibiting leaving children and dependent persons unattended.

          AN ACT Relating to unattended children; adding a new section to chapter 9A.42 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.42 RCW to read as follows:

          (1) A person having the care and custody, whether temporary or permanent, of a child or a dependent person shall not:

          (a) Leave a child under age six without supervision under circumstances creating an unreasonable risk of imminent harm to the child's health, welfare, and safety.  A person who leaves a child under age six unsupervised for a period longer than one hour may be inferred to have created an unreasonable risk of imminent harm, unless evidence satisfactorily shows the trier of fact that leaving the child unattended was not a risk to the child's safety;

          (b) Leave a child under age twelve, without supervision under circumstances creating an unreasonble risk of imminent harm to the child's health, welfare, and safety.  A person who leaves a child under age twelve for a period longer than twenty-four hours may be inferred to have created an unreasonable risk of imminent harm; or

          (c) Lock a child or dependent person in a house in lieu of obtaining a caretaker or leave a child or dependent person with a caretaker who is incapable of providing adequate care.

          (2) It is a defense to a charge brought under subsection (1) of this section that a child under age six was left in the care of a child over age twelve.

          (3) A person violating this section is guilty of a gross misdemeanor.

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