Sec. 07.02.11.37. Liability Insurance and Reimbursement for Loss to Foster Parents

A. Insurance.

(1) The Department shall, under certain conditions, provide liability insurance premiums from State funds, for foster parents who care for children under the direct supervision of the local departments or under the direct supervision of licensed private child placement agencies. The insurance shall cover:

(a) Bodily injury and property damage that a foster child causes to an individual or the property of a person other than a foster parent; and

(b) Actions brought against the foster parents by the child's parents or legal guardians for any accident to the foster child.

(2) Excluded from coverage are claims for:

(a) Alienation of affections;

(b) Accidents involving vehicles which are licensed or intended for road use; and

(c) Payment to the foster parents for injury or damage caused by the foster child to the foster parent which is otherwise covered by insurance.

B. Reimbursement.

(1) The Secretary of Human Services shall reimburse a foster parent for costs of bodily injury or property damage that the child causes to the foster parent.

(2) Excluded for reimbursement to the foster parent are claims in which:

(a) The actions of the foster parent contributed substantially to the bodily injury or property damage sustained; or

(b) If available, the foster parent's insurance covers the bodily injury or property damage sustained.

(3) The maximum amount of reimbursement is $5,000. Payments in excess of $2,000 require approval by the State Board of Public Works.