Current through 2024 Legislative Session
Section 50-11-03.3 - Department to provide liability coverage to foster homes for children1. The department shall provide liability coverage for acts or omissions of foster children placed in the care of licensed, certified, or approved family foster homes for children. The department may provide this liability coverage through self-insurance.2. The liability coverage under this section:a. Must provide coverage for damage to property which is caused by the act of a foster child. This coverage must be for the lesser of the reasonable cost to repair or to replace the damaged property.b. Is secondary to any other coverage.c. Except as provided in subdivision d, may not exceed five thousand dollars per claim, with an annual maximum of ten thousand dollars per year per claimant. The coverage under this subsection must include a deductible not to exceed one hundred dollars per claim.d. In cases in which the property damage per event total exceeds twenty-five thousand dollars, the department may further review the claim. The department may cover twenty-five percent of the remaining property damage after any insurance reimbursement, not to exceed ten thousand dollars.3. The department may provide for exclusions from liability coverage provided under this section.Amended by S.L. 2023 , ch. 433( HB 1091 ), § 10, eff. 8/1/2023.Amended by S.L. 2017 , ch. 224( SB 2114 ), § 4, eff. 8/1/2017.