California Assembly Bill AB2019 Introduced / Bill

 BILL NUMBER: AB 2019INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hill FEBRUARY 23, 2012 An act to amend Sections 1527.6 and 1527.8 of, and to add Section 1527.15 to, the Health and Safety Code, relating to the Foster Family Home and Small Family Home Insurance Fund. LEGISLATIVE COUNSEL'S DIGEST AB 2019, as introduced, Hill. Foster Family Home and Small Family Home Insurance Fund. Existing law establishes within the State Department of Social Services the Foster Family Home and Small Family Home Insurance Fund, consisting of moneys appropriated by the Legislature, for the purposes of paying, on behalf of foster family homes and small family homes, as defined, claims of foster children, their parents, guardians, or guardians ad litem resulting from occurrences peculiar to the foster care relationship and the provision of foster care services. Existing law requires the department to approve or reject a claim within 180 days after it is presented. This bill would require that any claim not approved or rejected within 180 days be deemed approved. The bill would require the department or its designated agency to ensure that a claimant receives notification of the decision to approve or reject a claim within 15 days of the decision. Existing law states the intent of the Legislature to maintain the Foster Family Home and Small Family Home Insurance Fund at an adequate level to meet anticipated liabilities. This bill would instead require that the fund be maintained at an adequate level to meet anticipated liabilities. The bill would require the department to use claims information to make recommendations to the Legislature regarding the amount of funding necessary to meet these purposes. This bill also would require the department to report to the Legislature by January 1, 2015, on the feasibility of expanding coverage of the fund, on a revenue-neutral basis, to homes that are certified by foster family agencies. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1527.15 is added to the Health and Safety Code, to read: 1527.15. (a) By January 1, 2015, the State Department of Social Services shall report to the Legislature on the feasibility of expanding coverage of the fund, on a revenue-neutral basis, to homes that are certified by a foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502. (b) (1) The report required pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2017, pursuant to Section 10231.5 of the Government Code. SEC. 2. Section 1527.6 of the Health and Safety Code is amended to read: 1527.6. (a) Any claim against the fund shall be filed with the fund in accordance with claims procedures and on forms prescribed by the State Department of Social Services or its designated contract agency. (b) Any claim against the fund filed by a foster parent or a third party shall be submitted to the fund within the applicable period of limitations for the appropriate civil action underlying the claim, subject to subdivision (a) of Section 352 of the Code of Civil Procedure as that section applies to a minor. If a claim is not submitted to the fund within the applicable time, there shall be no recourse against the fund. (c)  (1)    The department shall approve or reject a claim within 180 days after it is presented.  If a claim is not approved or rejected within 180 days, the claim shall be deemed approved.   (2) The department or an agency designated pursuant to Section 1527.1 shall notify a claimant of the decision to approve or reject a claim within 15 days of the decision.   (3) An agency designated pursuant to Section 1527.1 shall provide claims information to the department. The department shall use this information to make annual recommendations to the Legislature regarding the necessary amount of funding to meet the requirements of Section 1527.8.  (d) No person may bring a civil action against a foster parent for which the fund is liable unless that person has first filed a claim against the fund and the claim has been rejected, or the claim has been filed, approved, and paid, and damages in excess of the payment are claimed. SEC. 3. Section 1527.8 of the Health and Safety Code is amended to read: 1527.8.  It is the intent of the Legislature to maintain the   The  fund established pursuant to Section 1527.1  shall be maintained  at an adequate level to meet anticipated liabilities.