Revised Code of Washington

Wash. Rev. Code § 9A.42.090 (2025)

Abandonment of a dependent person—Defense

✓ laws through the 2025 session: 2026 session laws are not yet included
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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.
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 s 5.]

Notes:

Severability—1996 c 302: See note following RCW 9A.42.010.
Notes of Decisions
Cited in 4 cases, 2003–2006 · leading case: State v. Cooper, 128 P.3d 1234 (Wash. 2006).
State v. Cooper, 128 P.3d 1234 (Wash. 2006). “, RCW 9A.42.090, implying it intended "dependent child" to capture a relationship, and not merely a status.”
State v. Cooper, 156 Wash. 2d 475 (2006). “, RCW 9A.42.090, implying it intended “dependent child” to capture a relationship and not merely a status.”
State v. Mannering, 75 P.3d 961 (Wash. 2003). “030(2), (3) (rape of a child in the first, second, or third degree; child molestation in the first, second or third degree; and sexual misconduct with a minor in the first or second degree); RCW 9A.44.050(1)(d) (rape in the second degree); RCW 9A.”
State v. Mannering, 150 Wash. 2d 277 (2003). “030(2), (3) (rape of a child in the first, second, or third degree; child molestation in the first, second or third degree; and sexual misconduct with a minor in the first or second degree); RCW 9A.44.050(l)(d) (rape in the second degree); RCW 9A.”
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