Section 7 AAC 53.100 - Liability protection(a) It is the policy of this state, through the division of risk management in the Department of Administration, to indemnify and defend a foster parent for an injury that occurs during the performance and within the scope of duty as a foster parent, including (1) accidental injury to a child placed by the department; and(2) injury to others by a child placed by the department.(b) The state will not defend or indemnify a foster parent for an act of intentional and willful misconduct nor pay an award of punitive damages.(c) In accordance with AS 09.65.255, a foster parent in the state is protected against liability for damage to the property of others caused by a child placed by the department with the foster parent.(d) State liability protection is extended to a foster parent for allowing a foster child's participation in a risk activity that is not usual for the community, if written permission is obtained from the child's parent or guardian or from the department. If requested by a foster parent, the department may help get written permission from a foster child's parent or guardian for a foster child to participate in a risk activity that is not usual for the community. The department may grant the permission in cases in which it is not possible or feasible to obtain parent or guardian permission, including when parental rights are terminated or the parents are deceased.(e) State liability protection is in effect only while a child is placed by the department in a foster home.(f) State liability protection under this section is not available for a child placed in a foster home by a tribal entity under 7 AAC 53.020(d).Eff. 11/23/78, Register 68; am 3/31/82, Register 81; am 7/1/90, Register 114; am 3/31/2005, Register 173; am 4/13/2011, Register 198; am 12/10/2011, Register 200; am 8/1/2015, Register 215, October 2015The substance of 7 AAC 53.100 was formerly contained in 7 AAC 50.790.
Authority:AS 09.65.255
AS 47.05.010
AS 47.10.080
AS 47.14.010
AS 47.14.120