Foster Care Injury and Abuse Claim Fund in California
This is the actual law by which the State of California provides a fund to insure every foster care home in case a foster child is injured, abused or dies as a result of negligence. A claim must be properly and timely submitted. Don't wait. Call or e-mail the Keane Law Firm so that we can represent a foster care child you know who has been injured, abused or has died due to negligence in foster care in California (888-592-KIDS (5437) in his or her claim against the the California foster care injury fund:
Health and Safety Code:
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 therefrom.
(c) "Foster child" means a person under 19 years old 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.
(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, or snowmobile.
(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 resulting therefrom.
(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.
(b) Any occurrence which does not arise from the foster-care relationship.
(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 parent.
(f) Any loss or damage arising out of occurrences prior to October 1, 1986.
(g) Exemplary damages.
(h) Any liability of a foster parent which is uninsured due solely to the foster parent's failure to obtain insurance specified in Section 676.2 of the Insurance Code. Nothing in this subdivision shall be construed to expand the liability of the fund with respect to insured foster parents.
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 a single calendar year.
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) Any 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) Any 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) The department shall approve or reject a claim within 180 days after it is presented.
(d) No person may 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
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.
It is the intent of the Legislature to maintain the fund
established pursuant to Section 1527.1 at an adequate level to meet anticipated liabilities.
On or before January 1, 1988, the Department of Insurance, in consultation with the State Department of Social Services, shall submit a report to the Legislature assessing the availability of commercial liability insurance for foster family homes and small
family homes and making recommendations for the continued necessity for, or modification of, the measures authorized by this article. The report shall also include, but not be limited to, the number of foster care homes and small family homes carrying homeowner's or tenant's liability insurance, provisions of the liability coverage, including any exclusions relevant to foster-care status of the insured, the premium cost, the number of insurers offering coverage to foster care families, and the number of claims made against each
insurer by insureds relevant to the foster-care relationship.
DO YOU HAVE A FOSTER CARE INJURY, ABUSE OR DEATH CLAIM AND NEED A FOSTER CARE INJURY AND ABUSE LAWYER in San Francisco, Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Ashland, Castro Valley, Cherryland, San Lorenzo, Sunol, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, Belvedere, Corte Madera, Fairfax, Greenbrae, Kentfield, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, Tiburon, Annapolis, Cloverdale, Geyserville, Cazadero, Healdsburg, Geurneville, Windsor, Napa, Napa Valley, Wine Country, Bay Area, Northern California, Fulton, Santa Rosa, Sebastopol, Bloomfield, Cotati, Sonoma, Petaluma, Antioch, Brentwood, Clayton, Concord, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Modesto, Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, El Granada, Foster City, Half Moon Bay, Hillsborough, La Honda, Loma Mar, Menlo Park, Millbrae, Montara, Moss Beach, Pacifica, Pescadero, Portola Valley, Princeton By The Sea, Redwood City, San Bruno, San Carlos, San Gregorio, San Mateo, South San Francisco, West Menlo Park, Woodside, San Jose, San Diego, Los Angeles, Adin, Modoc County, Alturas, Anderson, Shasta County, Bartle, Siskiyou County, Beckwourth, Plumas County, Berry Creek, Butte County, Bieber, Lassen County, Big Bend, Shasta County, Blairsden, Plumas County, Biggs, Butte County, Burney, Shasta County, Burnt Ranch, Trinity County, Butte Valley, Siskiyou County, Callahan, Canby, Canyon Dam, Cassel, Castella, Cedarville, Chester, Chico, Chilcoot, Clio, Coffee Creek, Corning, Tehama County, Cottonwood, Crescent Mills, Cromberg, Dorris, Dunsmuir, Durham, Edgewood, Etna, Fall River Mills, Forks of Salmon, Fort Bidwell, Fort Jones, French Gulch, Gazelle, Graeagle, Greenview, Greenville, Gridley, Happy Camp, Hat Creek, Hayfork, Helena, Herlong, Lassen County, Hilt, Hornbrook, Horse Creek, Hyampom, Janesville, Johnstonville, Johnsville, Junction City, Trinity County, Klamath River, La Porte, Lakehead, Lewiston, Likely, Los Molinos, Macdoel, Mad River, Manton, McArthur, McCloud, Millville, Mineral, Montague, Mount Hebron, Mount Shasta, Newell, Nubieber, Old Station, Oroville, Palermo, Palo Cedro, Paradise, Paynes Creekis, Platina, Pondosa, Portola, Quincy, Ravendale, Redding, Ruth, Salyer, Sawyers Bar, Scott Bar, Seiad Valley, Shasta, Shasta Lake City, Shingletown, Lake Tahoe, Somes Bar, Susanville, Taylorsville, Trinity Center, Tulelake, Vina, Vinton, Weaverville, Weed, Westwood, Willow Ranch, Yreka, San Francisco County, Alameda County, Marin County, San Mateo County, Sonoma County, Stanislaus County, Contra Costa County, Los Angeles County?
Call The Keane Law Firm toll-free at 1-888-592-KIDS (5437).