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AB-863 Foster care: insurance.(2011-2012)

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AB863:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 863


Introduced  by  Assembly Member Bonilla

February 17, 2011


An act to amend Section 1527.3 of the Health and Safety Code, relating to foster care.


LEGISLATIVE COUNSEL'S DIGEST


AB 863, as introduced, Bonilla. Foster care: insurance.
Existing law establishes the Foster Family Home and Small Family Home Insurance Fund to be used, upon appropriation by the Legislature, by the State Department of Social Services to pay, on behalf of foster family homes and small family homes, as defined, 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. Existing law specifies costs for which the fund is not liable, including any loss arising out of a dishonest, fraudulent, criminal, or intentional act.
This bill would, instead, specify that the fund is not liable for any loss arising out of a dishonest, fraudulent, criminal, or intentional act of a foster parent, and also would make various technical, nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1527.3 of the Health and Safety Code is amended to read:

1527.3.
 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 which that does not arise from the foster-care relationship.
(c)  Any bodily injury arising out of the operation or use of any a motor vehicle, aircraft, or watercraft owned or operated by, or rented or loaned to, any a 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 a 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 that 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.