1973

LAWS OF MARYLAND

Ch. 296

(A)   "FOSTER PARENT" DEFINED.

IN THIS SECTION, "FOSTER PARENT" INCLUDES, AN INDIVIDUAL WHO
CARES FOR A MINOR CHILD ON AN EMERGENCY BASIS UNDER A SHELTER
CARE PROGRAM.

(B)   INSURANCE COVERAGE REQUIRED.

(1)  THE ADMINISTRATION SHALL PROVIDE LIABILITY
INSURANCE FOR FOSTER PARENTS WHO CARE FOR CHILDREN UNDER FOSTER
PARENT PROGRAMS.

(2)  THE LIABILITY INSURANCE SHALL PROVIDE COVERAGE
FOR:

(I)  BODILY INJURY AND PROPERTY DAMAGE THAT A
FOSTER CHILD CAUSES TO A PERSON OR THE PROPERTY OF A PERSON OTHER
THAN A FOSTER PARENT; AND

(II)  ACTIONS AGAINST A FOSTER PARENT BY A
NATURAL PARENT FOR ANY ACCIDENT TO THE CHILD.

(3)  THE ADMINISTRATION MAY ESTABLISH A REASONABLE
DEDUCTIBLE LIMIT.

(C)  REIMBURSEMENT.

(1)  SUBJECT TO THE PROVISIONS OF THIS SECTION, THE
SECRETARY OF HUMAN RESOURCES SHALL REIMBURSE A FOSTER PARENT FOR
COSTS OF BODILY INJURY OR PROPERTY DAMAGE THAT THE CHILD CAUSES
TO THE FOSTER PARENT AND THAT INSURANCE DOES NOT COVER.

(2)  BEFORE REIMBURSEMENT UNDER THIS SUBSECTION, THE
SECRETARY OF HUMAN RESOURCES SHALL BE SATISFIED THAT THE ACTIONS
OF THE FOSTER PARENT DID NOT CONTRIBUTE SUBSTANTIALLY TO THE
BODILY INJURY OR PROPERTY DAMAGE SUSTAINED.

(3)  REIMBURSEMENT UNDER THIS SUBSECTION SHALL BE MADE
FOR ALL COSTS TO A MAXIMUM AMOUNT OF $5,000. HOWEVER, ALL
PAYMENTS IN EXCESS OF $500 REQUIRE THE APPROVAL OF THE BOARD OF
PUBLIC WORKS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 88A, §
32B.

As to subsection (b)(2)(ii) of this section, the
Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the
liability insurance actually provided under this
provision includes coverage for actions against a
foster parent by the foster child. However, there is
no coverage for actions against a foster parent by a
natural parent or any other third party. The General