Bill Text: CA AB863 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 863 (Prior Session Legislation)

Introduced

Bill Title: Foster care: insurance.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB863 Detail]

Download: California-2011-AB863-Introduced.html

BILL NUMBER: AB 863	INTRODUCED
	BILL TEXT


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.
State-mandated 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.