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

 
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.__A person who maintains a family foster
home shall have liability insurance pursuant to Title 5, section
1738.

 
2.__Specialized children's homes.__A person who maintains a
specialized children's home shall have liability insurance
pursuant to Title 5, section 1738.

 
SUMMARY

 
This bill requires the State to administer a liability
insurance policy for certain foster and adoptive parents. The
requirement applies to foster parents who maintain family foster
homes and to foster parents who maintain specialized children's
homes for children with special needs, and it applies to adoptive
parents who receive state adoption assistance for children with
special needs. The required liability insurance must include
coverage for personal injury and for legal defense against claims
made against the foster or adoptive parent. The bill specifies
that the cost of the insurance premium must be paid annually by
the foster parent through a deduction from the foster care
reimbursement payment and must be paid annually by the adoptive
parent through a deduction from the adoption assistance payment.
The bill also prohibits the State from requiring any adoptive
parent to pay child support after an adoption is annulled by the
court.


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