This chapter applies to any claim or lawsuit against a foster family agency or a noncustodial adoption agency for the acts of their employees, contractors, or volunteers brought by a recipient of those services or on the recipient’s behalf.
Of Miscellaneous ProvisionsFoster Family Agency Accountability
Section § 1062.30
This law covers any claims or lawsuits against foster care or adoption agencies based on actions taken by their staff, whether they are employees, contractors, or volunteers. It specifically concerns cases brought by people receiving services from these agencies or on their behalf.
foster family agency noncustodial adoption agency employee actions
Section § 1062.31
This California law highlights that it's important for agencies that handle foster and adoption services (called FFAs) to support vulnerable youth and play a key role in the foster care system. As a result, these agencies are granted specific rights in this legal chapter.
It is the public policy of the State of California that foster family agencies or noncustodial adoption agencies, also known as FFAs, provide necessary services to vulnerable youth throughout the state and are integral to the foster care system. Consequently, FFAs are afforded the rights set forth in this chapter.
foster family agencies noncustodial adoption agencies vulnerable youth
Section § 1062.32
This law section defines two key terms. First, it explains that "FFA" refers to certain types of foster or adoption agencies. Second, it clarifies that "public entity" means the same as in another specific part of the law.
For the purposes of this chapter, the following definitions apply:
(a)CA Civil Procedure Code § 1062.32(a) “FFA” means a foster family agency or a noncustodial adoption agency, as these terms are defined in Section 1502 of the Health and Safety Code.
(b)CA Civil Procedure Code § 1062.32(b) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code.
foster family agency noncustodial adoption agency Section 1502
Section § 1062.33
This law explains the liability between a Foster Family Agency (FFA) and a public entity for negligent actions. An FFA is responsible for its own mistakes leading to injury or damage, but not for errors by the public entity or its representatives. Both the FFA and the public entity must cover their own insurance and legal defense costs related to their actions. Any contract clause that tries to make a public entity pay for damages from its negligence or willful misconduct is not allowed by law. This rule cannot be eliminated or reduced, even by a court. Additionally, this law doesn't affect any other legal protections that might apply to either the FFA or the public entity.
(a)CA Civil Procedure Code § 1062.33(a) An FFA may be held liable for injury or damage caused by the negligence of the FFA but not for the injury or damage caused by the public entity, including its officers, employees, or volunteers, acting in its capacity. The FFA and the public entity shall each bear the cost of insuring against their respective acts and omissions and shall each bear the costs of defending itself against claims arising from those risks.
(b)Copy CA Civil Procedure Code § 1062.33(b)
(1)Copy CA Civil Procedure Code § 1062.33(b)(1) Notwithstanding any other law, subdivision (a) shall
not be waived or suspended by any court. Any provision in a nongovernmental organization contract for child, youth, and family services in which a public entity is indemnified, held harmless, or insured for damages, claims, losses, or expenses arising from injury or damage, including, but not limited to, bodily injury, mental anguish, property damage, or economic or noneconomic damages or loss, caused by or resulting from a public entity’s negligence or intentional conduct, in whole or in part, shall be void as against public policy and unenforceable.
(2)CA Civil Procedure Code § 1062.33(b)(2) Subdivision (a) does not limit or affect the immunity provided by any other law that would otherwise be an available defense to either party.
FFA liability public entity negligence insurance costs
