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- Referred to children and families
- Referred to children and families
Full text
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Title of bill
An act to amend the social services law, in relation to supplemental property damage liability insurance for foster parents
Purpose
To provide property/casualty insurance coverage for foster parents against losses that occur due to malicious or willful acts of a foster child in their care.
Summary of provisions
Section 1 establishes a new section 398-b, which requires the Commissioner of the Office of Children and Family Services (OCFS) to provide supplemental property damage insurance for all foster parents. Allows OCFS to purchase insurance or to act as a self insurer. Outlines what claims are allowable and provides limits for claim submission. Section 2 provides an effective date of 180 days after becoming law.
Existing law
Currently, the are no laws regarding any type of insurance for foster parents.
Justification
Many of the children in the foster care system have emotional and behavioral issues stemming from grief and loss and mental health problems. Unfortunately these issues can cause destructive behaviors. Foster parents are a valuable resource providing an important service to our youth. There are many instances when a foster parent's homeowner's/renter's insurance will not cover damage caused by a foster child because they are seen by insurance companies as "boarders." The monthly payment made to foster parents is not sufficient to cover the cost of obtaining extended coverage and there is no mechanism in place by which foster parents can recapture the cost of broken or damaged property. This is an unfair financial burden to be placed on foster parents. Currently there are nine states, (Arizona, Indiana, Iowa, Kentucky, Nebraska, New Hampshire, New Jersey, Minnesota, and Washington State), which provide foster parents with insurance covering property damage. All of these states provide this insurance as a self-insurer, with all financial reimbursement responsibility being placed directly on the state. Some counties in New York State have attempted to provide their own insurance to their foster parents. Currently, Rensselaer county is the only one who provides this type of insurance. Both Oneida and Washington counties provided this coverage in the past, but could no longer cover the cost alone. The number of foster parents willing to provide care for special needs children is decreasing. If reimbursements of damaged property were made based on the replacement value of the property, the financial burden on foster parents would be eased. This change would have a positive effect on foster parent recruitment and retention.
Legislative history
2004-03: S.4481 - Died in Committee 2006-05: S.1300 - Died in Committee 2007-08: S.1359 - Died in Committee
Fiscal implications
To be determined. According to the Administration for Children and Families and the US Department of Health and Human Services, states can utilize Title IV-B money, as well as the Social Services Block Grant (Title XX), for federal reimbursement.
Effective date
180 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.