00HOUSE BILL NO. 376                                                                                                      
01 "An Act relating to state payments for damage or loss caused by a foster child."                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 47.10 is amended by adding a new section to read:                                                   
04  Sec. 47.10.235.  DAMAGES CAUSED BY FOSTER CHILDREN.  (a)  The                                                         
05 department may reimburse a foster parent for damages and loss caused by the foster                                      
06 parent's foster child up to $10,000 per event under the following circumstances:                                        
07   (1)  the damage or loss is a result of a deliberate act with malicious                                               
08 intent of the foster child or was a result of gross negligence of the child;                                            
09   (2)  considering the foster child's maturity and behavioral history, the                                             
10 foster parent was providing adequate supervision and exercised appropriate precautions;                                 
11   (3)  the damage or loss does not include rental or other payment for lost                                            
12 time or use of the damaged or lost items;                                                                               
13   (4)  the damage or loss exceeds $100 for a single event or $150                                                      
14 cumulative each month;                                                                                                  

01   (5)  the damage or loss is documented by the foster parent; to                                                       
02 implement the requirement of this paragraph in any particular case, the department                                      
03 may require that the foster parent file a damage or loss report with law enforcement                                    
04 personnel; and                                                                                                          
05   (6)  the damage or loss is not covered by the foster parent's insurance.                                             
06  (b)  Instead of reimbursement under (a) of this section, the department may                                           
07 arrange for restitution to be made by the foster child to the foster parent.                                            
08  (c)  The department may use the services of an assessor in determining the                                            
09 appropriateness of, and dollar amount payable for, damage and loss claims under this                                    
10 section.                                                                                                                
11    * Sec. 2.  APPLICABILITY.  This Act applies to damage or loss caused by a foster child                               
12 on or after the effective date of this Act.