| 3. Family foster home. "Family foster home" means a |
| children's home, other than an Indian foster family home, that is |
| a private dwelling where substitute parental care is provided |
| within a family on a regular, 24-hour a day, residential basis. |
| The total number of children in care may not exceed 6, including |
| the family's legal children under 16 years of age, with no more |
than 2 of these children under the age of 2. Family foster homes |
licensed by the Department of Health and Human Services or |
relatives' homes approved by the Department of Health and Human |
Services as meeting licensing standards are eligible for |
insurance pursuant to Title 5, section 1728-A. In any action for |
damages against a family foster home provider insured pursuant to |
Title 5, section 1728-A, for damages covered under that policy, |
the claim for and award of those damages, including costs and |
interest, may not exceed $300,000 for any and all claims arising |
out of a single occurrence. When the amount awarded to or |
settled for multiple claimants exceeds the limit imposed by this |
section, any party may apply to the Superior Court for the county |
in which the governmental entity is located to allocate to each |
claimant that claimant's equitable share of the total, limited as |
required by this section. Any award by the court in excess of |
the maximum liability limit must be automatically abated by |
operation of this section to the maximum limit of liability. |
Nothing in this subsection may be deemed to make the operation of |
a family foster home a state activity nor may it expand in any |
way the liability of the State or foster parent. |
