NY State Senate Bill 2009-S1273

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Jan 28, 2009	referred to children and families

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2009-S1273 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §398-b, Soc Serv L

2009-S1273 (ACTIVE) - Summary

Provides for supplemental property damage liability insurance for foster parents, where the foster child causes the damage; provides compensation above the foster parent's coverage through their personal insurance carrier; maximum compensation per claim shall not exceed $500, and the maximum per fiscal year shall not exceed $25,000.

2009-S1273 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1273

 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.

2009-S1273 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1273

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  MONTGOMERY, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON,
  SAMPSON, SCHNEIDERMAN, THOMPSON -- read twice and ordered printed, and
  when printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law,  in  relation  to  supplemental
  property damage liability insurance for foster parents

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The social services law is amended by adding a new  section
398-b to read as follows:
  S  398-B.  SUPPLEMENTAL PROPERTY DAMAGE LIABILITY INSURANCE FOR FOSTER
PARENTS. 1. THE COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  AFTER  CONSULTATION WITH THE COMMISSIONER OF INSURANCE, SHALL
PROVIDE SUPPLEMENTAL PROPERTY  DAMAGE  LIABILITY  INSURANCE  FOR  FOSTER
PARENTS,  INCLUDING  THERAPEUTIC  FOSTER  PARENTS, AS DEFINED IN SECTION
THREE HUNDRED SEVENTY-ONE OF  THIS  ARTICLE.  SUCH  LIABILITY  INSURANCE
SHALL  PROVIDE, TO FOSTER PARENTS, COMPENSATION IN EXCESS OF THE COMPEN-
SATION RECEIVED BY THE FOSTER PARENTS UNDER THEIR PERSONAL  HOMEOWNER'S,
RENTER'S OR AUTOMOBILE INSURANCE POLICIES FOR PROPERTY DAMAGED CAUSED BY
A FOSTER CHILD IN THEIR CARE.
  2.  A  FOSTER PARENT WHO SUBMITS A CLAIM PURSUANT TO THIS SECTION MUST
CARRY A VALID HOMEOWNER'S OR RENTER'S INSURANCE POLICY AND IF HE OR  SHE
OWNS  A  VEHICLE, AN AUTOMOBILE INSURANCE POLICY. THE FOSTER PARENT MUST
FIRST SUBMIT THE CLAIM TO THEIR INSURANCE CARRIER AND THE CLAIM MUST  BE
DETERMINED  VALID  AND  COMPENSABLE  PRIOR  TO BEING ELIGIBLE TO RECEIVE
COMPENSATION PURSUANT TO THIS SECTION.
  3. FUNDS PROVIDED PURSUANT TO THIS SECTION SHALL COMPENSATE  A  FOSTER
PARENT  FOR PROPERTY DAMAGE AT A REPLACEMENT COST. THE MINIMUM CLAIM FOR
COMPENSATION SHALL BE FIFTY DOLLARS FOR ONE OR MORE OCCURRENCES OF PROP-
ERTY DAMAGE RELATED TO A SINGLE FOSTER HOME DURING A FISCAL YEAR.    THE
MAXIMUM  COMPENSATION  PER  CLAIM SHALL NOT EXCEED FIVE HUNDRED DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05560-01-9

S. 1273                             2

THE MAXIMUM COMPENSATION FOR ALL CLAIMS DURING A FISCAL YEAR RELATED  TO
A SINGLE HOME SHALL NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS.
  4.  A  FOSTER  PARENT WHO SUBMITS A CLAIM FOR COMPENSATION PURSUANT TO
THIS SECTION SHALL NOT BE REQUIRED TO PAY  A  DEDUCTIBLE  OR  CO-PAY  TO
RECEIVE COMPENSATION.
  5.  THE  COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IS
HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR  THE
IMPLEMENTATION OF THIS SECTION, INCLUDING GUIDELINES TO DETERMINE WHETH-
ER THE CLAIM IS NOT COMPENSABLE UNDER THE FOLLOWING EXCLUSIONS:
  (A)  DAMAGE  ATTRIBUTABLE  TO  NORMAL  WEAR AND TEAR AND COMMON OCCUR-
RENCES;
  (B) DAMAGE TO VEHICLES;
  (C) INJURIES TO PETS;
  (D) DAMAGE ATTRIBUTABLE TO AN ACTIVITY THAT MAY BE PURSUED IN CRIMINAL
COURT, INCLUDING, BUT NOT LIMITED TO, CREDIT CARD FRAUD; AND
  (E) DAMAGE CAUSED BY AN INTOXICATED FOSTER CHILD OR A FOSTER CHILD  ON
DRUGS,  WHERE  THE  FOSTER  PARENT  PROVIDED THE ALCOHOL OR DRUGS TO THE
FOSTER CHILD.
  6. THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  IS
HEREBY AUTHORIZED TO PURCHASE THE INSURANCE REQUIRED BY THIS SECTION, OR
MAY  CHOOSE  A  SELF-INSURANCE  METHOD. MONEYS EXPENDED PURSUANT TO THIS
AUTHORIZATION SHALL BE DERIVED FROM FUNDS APPROPRIATED BY  THE  LEGISLA-
TURE  TO  THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSES OF
THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S1273

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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co-Sponsors

2009-S1273 (ACTIVE) - Details

2009-S1273 (ACTIVE) - Summary

2009-S1273 (ACTIVE) - Sponsor Memo

2009-S1273 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

co-Sponsors

2009-S1273 (ACTIVE) - Details

2009-S1273 (ACTIVE) - Summary

2009-S1273 (ACTIVE) - Sponsor Memo

2009-S1273 (ACTIVE) - Bill Text download pdf

Comments