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2007 Laws of Maryland
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Ch.3
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REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 83C, § 2-128.
In subsection (a)(1) of this section, the reference to the "juvenile" courts is
substituted for the former reference to the "several" courts for clarity and
consistency within this subtitle.
Throughout subsections (b) and (c) of this section, the references to the
"juvenile" court are added for clarity and consistency within this subtitle.
In subsection (b)(2) of this section, the former word "[h]owever" is deleted
as surplusage.
Defined term: "Secretary" § 9-101
9-245. FOSTER PARENTS — LIABILITY INSURANCE AND REIMBURSEMENT.
(A) "FOSTER PARENT DEFINED.
IN THIS SECTION, "FOSTER PARENT INCLUDES AN INDIVIDUAL WHO CARES
FOR A CHILD ON AN EMERGENCY BASIS UNDER A SHELTER CARE PROGRAM.
(B) INSURANCE REQUIRED.
(1) THE DEPARTMENT SHALL PROVIDE LIABILITY INSURANCE FOR
FOSTER PARENTS WHO CARE FOR CHILDREN UNDER FOSTER PARENT PROGRAMS.
(2) SUBJECT TO A REASONABLE DEDUCTIBLE LIMIT THAT THE
DEPARTMENT SETS, THE LIABILITY INSURANCE SHALL COVER:
(I) BODILY INJURY AND PROPERTY DAMAGE THAT A FOSTER
CHILD CAUSES TO THE PERSON OR PROPERTY OF A PERSON OTHER THAN A FOSTER
PARENT; AND
(II) ACTIONS AGAINST A FOSTER PARENT BY A PARENT FOR ANY
ACCIDENTAL INJURY TO THE FOSTER CHILD.
(C) REIMBURSEMENT.
(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE SECRETARY
SHALL REIMBURSE A FOSTER PARENT FOR THE COSTS OF BODILY INJURY OR
PROPERTY DAMAGE THAT THE FOSTER CHILD CAUSES TO THE FOSTER PARENT AND
THAT INSURANCE DOES NOT COVER IF THE SECRETARY IS SATISFIED THAT THE
ACTIONS OF THE FOSTER PARENT DID NOT CONTRIBUTE SUBSTANTIALLY TO THE
BODILY INJURY OR PROPERTY DAMAGE.
(2) (I) REIMBURSEMENT UNDER THIS SUBSECTION MAY NOT EXCEED
$5,000.
(II) REIMBURSEMENT EXCEEDING $2,000 REQUIRES THE APPROVAL
OF THE BOARD OF PUBLIC WORKS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 83C, § 2-131.
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- 356 -
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