Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:          CONCERNING LIMITATION OF ACTIONS AGAINST PERSONS PROVIDING CARE TO FOSTER CHILDREN.

Summary of Assessment

            The bill limits the liability of foster families if such persons provide sufficient and routine family care that meets the foster child’s specific health and safety needs, based upon available information about the child. It establishes an exception to such immunity if the court determines that the person acted willfully, wantonly, and maliciously. Lastly, decisions or actions about the child by the foster care home’s licensing or placement agency that results in a liability claim shall not be attributed to the foster families. The bill is effective upon signature of the Governor and shall apply to causes of action arising on or after said date.

            The bill is assessed as having no fiscal impact. The bill provides added protections for foster families in terms of the completeness of information provided to them by the county departments of social services. No additional requirements are made of either the Department of Human Services or the county departments of social services.

Departments Contacted

            Human Services

            Judicial