2011 ORS § 30.298¹
Liability of certain state agencies to foster parents for injury or damage caused by foster child or youth offender
  • conditions
  • limitations

(1) Except as otherwise provided in this section, the Department of Human Services is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by a foster child if the foster child is residing in:

(a) A foster home that is maintained by the foster parents and that has been certified by the department under the provisions of ORS 418.625 (Definitions for ORS 418.625 to 418.645) to 418.645 (Appeal from decision of department);

(b) An approved home that is maintained by the foster parents and that is receiving payment from the department under the provisions of ORS 418.027 (Agreements for custody, care or treatment) or under the provisions of ORS 420.810 (Placement of youths in foster homes) and 420.815 (Placement agreements with persons or families); or

(c) A developmental disability child foster home that has been certified by the department under the provisions of ORS 443.830 (Definitions for ORS 443.830 and 443.835) and 443.835 (Certificate required).

(2) Except as otherwise provided in this section, the Oregon Youth Authority is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by a youth offender if the youth offender resides in a youth offender foster home that is maintained by the foster parents and that has been certified by the authority under the provisions of ORS 420.888 (Definitions for ORS 420.888 to 420.892) to 420.892 (Certification standards).

(3) Except as otherwise provided in this section, the liability of the department and of the authority under this section is subject to the same requirements and limitations provided in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), and a claim under this section shall be treated as a claim for damages within the scope of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) for the purposes of ORS 278.120 (Claims management).

(4) Notwithstanding ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive):

(a) In no event shall the liability of the department or the authority under this section exceed $5,000 for any number of claims arising out of a single occurrence;

(b) The liability of the department and the authority under this section is limited to economic damages, and in no event shall the department or the authority be liable for noneconomic damages;

(c) The department and the authority are liable under this section only to the extent the loss is not covered by other insurance; and

(d) No claim shall be allowed under this section unless written notice of the claim is delivered to the Oregon Department of Administrative Services within 90 days after the alleged loss or injury.

(5) The department and the authority are not liable under this section for:

(a) Damage to or destruction of currency, securities or any other intangible property;

(b) The unexplained disappearance of any property; or

(c) Loss or damage that is due to wear and tear, inherent vice or gradual deterioration.

(6) In no event does the liability of the department or the authority under this section for damage to property exceed the difference between the fair market value of the property immediately before its damage or destruction and its fair market value immediately thereafter. The department and the authority are not liable for the costs of any betterments to the property that may be required by code, statute or other law as a condition of repair, replacement or reconstruction.

(7) The liability imposed under this section is in addition to that imposed for the intentional torts of a foster child or youth offender under ORS 30.297 (Liability of certain state agencies for damages caused by foster child or youth offender), but any amounts paid under this section shall reduce any recovery that may be made under ORS 30.297 (Liability of certain state agencies for damages caused by foster child or youth offender).

(8) For the purposes of this section:

(a) Authority means the Oregon Youth Authority.

(b) Department means the Department of Human Services.

(c) Economic damages and noneconomic damages have those meanings given in ORS 31.710 (Noneconomic damages).

(d) Foster child has that meaning given in ORS 30.297 (Liability of certain state agencies for damages caused by foster child or youth offender).

(e) Youth offender has the meaning given in ORS 419A.004 (Definitions). [1991 c.756 §3; 1997 c.130 §2; 1999 c.316 §11; 2001 c.900 §11; 2003 c.232 §2; 2005 c.374 §5]

Note: See note under 30.297 (Liability of certain state agencies for damages caused by foster child or youth offender).