First Regular Session
Sixty-second General Assembly
LLS NO. 99-0441.01 Jennifer Gilroy HOUSE BILL 99-1119
STATE OF COLORADO
BY REPRESENTATIVE Stengel;
also SENATOR Andrews.
JUDICIARY
A BILL FOR AN ACT
101 CONCERNING LIMITATION OF ACTIONS AGAINST PERSONS PROVIDING CARE
102 TO FOSTER CHILDREN.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Limits the liability of foster parents and other family members of
foster children if such persons are providing sufficient and routine family
care that meets the foster child's specific health and safety needs, based
upon the information about the child that is available. Establishes an
exception to such immunity if the court determines that the person acted
willfully, wantonly, and maliciously. Specifies that decisions or actions
about the child by the foster care home's licensing or placement agency
that resulted in the claim of liability shall not be attributed to the foster
parents or family members of the foster care home.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 1 of article 21 of title 13, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 13-21-117.7. Civil liability - family foster care providers.
6 (1) THE GENERAL ASSEMBLY HEREBY FINDS THAT FOSTER CARE HOMES
7 ARE A VALUABLE RESOURCE FOR COLORADO'S ABUSED AND NEGLECTED
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 CHILDREN AND THAT THE RETENTION OF GOOD FOSTER CARE HOMES IS A
2 PRIORITY FOR THE CHILDREN OF THIS STATE. THE GENERAL ASSEMBLY
3 FURTHER FINDS THAT THE PROTECTION OF SUCH WILLING FAMILIES FROM
4 FRIVOLOUS LAWSUITS WOULD HELP TO ENSURE THAT SUCH FAMILIES ARE
5 PROTECTED FROM THE UNNECESSARY IMPOSITION OF FINANCIAL HARDSHIP.
6 (2) ANY FOSTER PARENT OR FAMILY MEMBER OF A FOSTER CARE
7 HOME WHO IS CARING FOR A FOSTER CHILD PURSUANT TO SECTION
8 19-3-208, 19-3-508, OR 19-3-402, C.R.S., AND WHO IS PROVIDING
9 SUFFICIENT AND ROUTINE FAMILY CARE THAT WILL MEET THE FOSTER
10 CHILD'S SPECIFIC HEALTH AND SAFETY NEEDS, GIVEN THE AMOUNT OF
11 INFORMATION ABOUT THE FOSTER CHILD THAT HAS BEEN MADE AVAILABLE
12 TO THAT FOSTER CARE HOME, SHALL BE IMMUNE FROM CIVIL LIABILITY FOR
13 ANY ACTS OR OMISSIONS OF THE INDIVIDUAL WHILE CARING FOR A FOSTER
14 CHILD, UNLESS A COURT OF COMPETENT JURISDICTION DETERMINES THAT
15 SUCH PERSON'S BEHAVIOR WAS WILLFUL, WANTON, AND MALICIOUS.
16 DECISIONS OR ACTIONS CONCERNING THE CHILD BY THE FOSTER CARE
17 HOME'S LICENSING OR PLACEMENT AGENCY THAT RESULTED IN THE CLAIM
18 OF LIABILITY SHALL NOT BE ATTRIBUTED TO THE FOSTER PARENTS OR
19 FAMILY MEMBERS OF THE FOSTER CARE HOME.
20 SECTION 2. Effective date - applicability. This act shall take
21 effect upon passage and shall apply to causes of action arising on or after
22 said date.
23 SECTION 3. Safety clause. The general assembly hereby finds,
24 determines, and declares that this act is necessary for the immediate
25 preservation of the public peace, health, and safety.