LD 1108
pg. 1
LD 1108 Title Page An Act To Protect Maine Foster and Adoptive Parents Page 2 of 3
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LR 835
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §1728-A, sub-§1, as amended by PL 1993, c. 470, §1, is
further amended by amending the first paragraph to read:

 
1. Duties. The director shall provide insurance advice and
services for all forms of insurance for State Government and any
department or agency of State Government except for those
departments or agencies and those types of insurance otherwise
provided for by law through the self-insurance fund and to other
entities designated as entitled to advice and services through
the state-administered fund pursuant to section 1737. The
director shall provide insurance services for foster parents and
adoptive parents pursuant to section 1738. The director is
responsible for the acquisition and administration of all
insurance purchased by the State, including the authority to
purchase insurance for the State for automobile, fire, liability
and any other type of coverage necessary to protect the State
from financial loss. The director may enter into contracts for
various types of claims management services in order to ensure
the most economically advantageous insurance protection in the
operation of the State's insurance coverage program. In these
regards, the director has the following duties:

 
Sec. 2. 5 MRSA §1738 is enacted to read:

 
§1738.__Foster and adoptive parent liability insurance

 
The director shall acquire and administer a liability
insurance policy for foster parents and for adoptive parents who
receive state adoption assistance pursuant to Title 18-A, section
9-401. For the purposes of this section, "foster parent" means a
person maintaining a family foster home, as defined in Title 22,
section 8101, subsection 3, or a person maintaining a specialized
children's home, as defined in Title 22, section 8101, subsection
5. The liability insurance policy must include, but is not
limited to, coverage for personal injury and for defense against
claims that arise directly out of the insured's activities as a
foster parent or adoptive parent.__The insurance premium for this
policy must be deducted annually from the foster parent's
reimbursement for foster care and from the adoptive parent's
adoption assistance payment.

 
Sec. 3. 18-A MRSA §9-315, sub-§(d) is enacted to read:

 
(d)__Notwithstanding section 9-105, an adoptive parent may not
be required to pay child support for an adopted child if the
Probate Court has annulled the decree of adoption for that child.


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