Article 2.5. Foster Home And Small Family Home Insurance Fund of California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 2.5.
As used in this article:
(a) "Aircraft" includes, but is not limited to, any airplane,
glider, or hot air balloon.
(b) "Bodily injury" means any bodily injury, sickness, or disease
sustained by any person including death at any time resulting
(c) "Foster child" means a person under 19 years of age who has
been placed in the care and supervision of licensed foster parents.
(d) "Foster parent" means the person, and including his or her
spouse if the spouse is a resident of the same household, providing
care, custody, and control of a foster child in a licensed foster
family home or licensed small family home, as defined in Section 1502
of the Health and Safety Code.
(e) "Occurrence" means an accident, including continuous or
repeated exposure to conditions, which results in bodily injury or
personal injury neither expected nor intended by the foster parent.
Multiple incidents of a general course of conduct shall be considered
one occurrence, regardless of the period of time during which the
(f) "Motor vehicle" means an automobile, motorcycle, moped, midget
automobile, including the type commonly referred to as a kart,
go-kart, speedmobile, or by a comparable name whether commercially
built or otherwise, trailer or semitrailer designed for travel on
public roads, including any machinery or apparatus attached thereto,
(g) "Personal injury" means any injury to the feelings or
reputation of any person or organization arising out of libel,
slander, defamation, or disparagement, wrongful eviction, or entry.
(h) "Property damage" means any physical injury to, or destruction
of, tangible property, including the loss of use thereof at any time
(i) "Watercraft" includes, but is not limited to, any boat, ship,
raft, or canoe, whether motorized or not.
There is hereby established the Foster Family Home and
Small Family Home Insurance Fund within the State Department of
Social Services. The fund shall consist of all moneys appropriated by
the Legislature. The department may contract with another state
agency to set up and operate the fund and perform such other
administrative functions as may be necessary to carry out the
intentions of this article. The purpose of the fund is to pay, on
behalf of foster family homes and small family homes, as defined in
Section 1502, claims of foster children, their parents, guardians, or
guardians ad litem resulting from occurrences peculiar to the
foster-care relationship and the provision of foster-care services.
The fund may sue and be sued.
The fund, subject to this article, shall pay, on behalf of
foster family homes and small family homes, any claims of foster
children, their parents, guardians, or guardians ad litem for damages
arising from, and peculiar to, the foster-care relationship and the
provision of foster-care services, or shall reimburse foster family
homes and small family homes for those damages.
The fund shall not be liable for any of the following:
(a) Any loss arising out of a dishonest, fraudulent, criminal, or
intentional act of a foster parent.
(b) Any occurrence that does not arise from the foster-care
(c) Any bodily injury arising out of the operation or use of any
motor vehicle, aircraft, or watercraft owned or operated by, or
rented or loaned to, any foster parent.
(d) Any loss arising out of licentious, immoral, or sexual
behavior on the part of a foster parent intended to lead to, or
culminating in, any sexual act.
(e) Any allegation of alienation of affection against a foster
(f) Any loss or damage arising out of occurrences prior to October
(g) Exemplary damages.
(h) Any liability of a foster parent that is uninsured due solely
to the foster parent's failure to obtain insurance specified in
Section 676.7 of the Insurance Code. Nothing in this subdivision
shall be construed to expand the liability of the fund with respect
to insured foster parents.
The fund shall not be liable for any loss arising out of
the dishonest, fraudulent, criminal, or intentional act of any person
if the date of the loss is prior to July 1, 2013.
Notwithstanding any other provision of this article, the
fund shall not be liable for damages in excess of three hundred
thousand dollars ($300,000) for any single foster family home or
small family home for all claims arising due to one or more
occurrences during any consecutive 12-month period. The fund shall be
liable only once for damages arising from one occurrence.
The fund shall be liable, if a claim is approved, to pay on
behalf of each licensed foster family home or small family home, all
sums which the foster family home or small family home is obligated
to pay as a result of a valid claim of bodily injury or personal
injury arising out of the activities of a foster parent or foster
parents, which occurs while the foster child resides in the foster
family home or small family home. Claims specified in this section of
a foster child or a parent, guardian, or guardian ad litem of a
foster child shall be the sole responsibility of the fund.
(a) A claim against the fund shall be filed with the fund
in accordance with claims procedures and on forms prescribed by the
State Department of Social Services or its designated contract
(b) A claim against the fund filed by a foster parent or a third
party shall be submitted to the fund within the applicable period of
limitations for the appropriate civil action underlying the claim,
subject to subdivision (a) of Section 352 of the Code of Civil
Procedure as that section applies to a minor. If a claim is not
submitted to the fund within the applicable time, there shall be no
recourse against the fund.
(c) (1) The department shall approve or reject a claim within 180
days after it is presented.
(2) The department or an agency designated pursuant to Section
1527.1 shall notify a claimant of the decision to approve or reject a
claim within 15 days of the decision.
(d) (1) A person shall not bring a civil action against a foster
parent for which the fund is liable unless that person has first
filed a claim against the fund and the claim has been rejected, or
the claim has been filed, approved, and paid, and damages in excess
of the payment are claimed.
(2) An applicable statute of limitations for a cause of action
that arises out of the same occurrence for which a claim has been
filed with the fund shall be tolled from the date the claim against
the fund has been filed until the date the department, or an agency
designated pursuant to Section 1527.1, has notified the person that
the department has either rejected or approved the claim.
All processing of decisions and reports, payment of claims,
and other administrative actions relating to the fund shall be
conducted by the State Department of Social Services or its
designated contract agency.
The fund established pursuant to Section 1527.1 shall be
maintained at an adequate level to meet anticipated liabilities.