Section 1527.6 Of Article 2.5. Foster Home And Small Family Home Insurance Fund From California Health And Safety Code >> Division 2. >> Chapter 3. >> Article 2.5.
1527.6
. (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
agency.
(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.