BILL NUMBER: AB 2019	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 23, 2012

   An act to amend Sections 1527.6 and 1527.8 of, and to add Section
1527.15 to, the Health and Safety Code, relating to the Foster Family
Home and Small Family Home Insurance Fund.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2019, as introduced, Hill. Foster Family Home and Small Family
Home Insurance Fund.
   Existing law establishes within the State Department of Social
Services the Foster Family Home and Small Family Home Insurance Fund,
consisting of moneys appropriated by the Legislature, for the
purposes of paying, 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 requires the department to approve or reject a
claim within 180 days after it is presented.
   This bill would require that any claim not approved or rejected
within 180 days be deemed approved. The bill would require the
department or its designated agency to ensure that a claimant
receives notification of the decision to approve or reject a claim
within 15 days of the decision.
   Existing law states the intent of the Legislature to maintain the
Foster Family Home and Small Family Home Insurance Fund at an
adequate level to meet anticipated liabilities.
   This bill would instead require that the fund be maintained at an
adequate level to meet anticipated liabilities. The bill would
require the department to use claims information to make
recommendations to the Legislature regarding the amount of funding
necessary to meet these purposes. This bill also would require the
department to report to the Legislature by January 1, 2015, on the
feasibility of expanding coverage of the fund, on a revenue-neutral
basis, to homes that are certified by foster family agencies.
   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 1527.15 is added to the Health and Safety Code,
to read:
   1527.15.  (a) By January 1, 2015, the State Department of Social
Services shall report to the Legislature on the feasibility of
expanding coverage of the fund, on a revenue-neutral basis, to homes
that are certified by a foster family agency, as defined in paragraph
(4) of subdivision (a) of Section 1502.
   (b) (1) The report required pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
   (2) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2017, pursuant to
Section 10231.5 of the Government Code.
  SEC. 2.  Section 1527.6 of the Health and Safety Code is amended to
read:
   1527.6.  (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)  (1)    The department shall approve or
reject a claim within 180 days after it is presented.  If a claim
is not approved or rejected within 180 days, the claim shall be
deemed approved.  
   (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.  
   (3) An agency designated pursuant to Section 1527.1 shall provide
claims information to the department. The department shall use this
information to make annual recommendations to the Legislature
regarding the necessary amount of funding to meet the requirements of
Section 1527.8. 
   (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
are claimed.
  SEC. 3.  Section 1527.8 of the Health and Safety Code is amended to
read:
   1527.8.   It is the intent of the Legislature to maintain
the   The  fund established pursuant to Section
1527.1  shall be maintained  at an adequate level to meet
anticipated liabilities.