BILL NUMBER: SB 522 CHAPTERED
BILL TEXT
CHAPTER 494
FILED WITH SECRETARY OF STATE OCTOBER 2, 2013
APPROVED BY GOVERNOR OCTOBER 2, 2013
PASSED THE SENATE SEPTEMBER 12, 2013
PASSED THE ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Hueso
FEBRUARY 21, 2013
An act to amend Sections 1527, 1527.3, and 1527.4 of, and to add
Section 1527.35 to, the Health and Safety Code, relating to foster
children.
LEGISLATIVE COUNSEL'S DIGEST
SB 522, Hueso. 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
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. Under existing law, the fund is not liable for any
loss arising out of a dishonest, fraudulent, criminal, or intentional
act of any person, or for damages of more than $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.
This bill would narrow that limitation on the liability of the
fund to exclude only a loss arising out of a dishonest, fraudulent,
criminal, or intentional act of a foster parent, except as specified.
The bill would also limit the liability of the fund to damages of no
more than $300,000 for any single home for all claims arising during
a consecutive 12-month period, instead of during a single calendar
year. The bill would require that multiple incidents of a general
course of conduct be considered one occurrence, regardless of the
period of time during which the acts transpired, and would provide
that the fund shall be liable only once for damages arising from that
one occurrence.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1527 of the Health and Safety Code is amended
to read:
1527. 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 of age 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.
Multiple incidents of a general course of conduct shall be considered
one occurrence, regardless of the period of time during which the
acts transpired.
(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.
SEC. 2. 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 that 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 that is uninsured due solely
to the foster parent's failure to obtain insurance specified in
Section 676.7 of the Insurance Code. Nothing in this subdivision
shall be construed to expand the liability of the fund with respect
to insured foster parents.
SEC. 3. Section 1527.35 is added to the Health and Safety Code,
immediately following Section 1527.3, to read:
1527.35. The fund shall not be liable for any loss arising out of
the dishonest, fraudulent, criminal, or intentional act of any
person if the date of the loss is prior to July 1, 2013.
SEC. 4. Section 1527.4 of the Health and Safety Code is amended to
read:
1527.4. 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 any consecutive 12-month period. The fund shall be
liable only once for damages arising from one occurrence.