§ 362.06
440 words·~2 min read·
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(a)As used in this section:
(1)“Caregiver” has the same meaning as set forth in subdivision
(a)of Section 362.04.
(2)“Child” means a person who is under 18 years of age and placed in the care and supervision of the caregiver by a placing agency pursuant to a voluntary placement agreement or by order of the court.
(3)“Nonminor dependent” has the same meaning as set forth in subdivision
(v)of Section 11400.
(4)“Placing agency” means a county child welfare department, a county probation department, or a foster family agency with responsibility for the placement of the child or nonminor dependent.
(5)“Reasonable and prudent parent standard” has the same meaning as set forth in subdivision
(c)of Section 362.05.
(b)Except as provided in (c), a caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property caused by either of the following:
(1)An act or omission made by the caregiver while exercising a reasonable and prudent parent standard.
(2)An act or omission of a child or nonminor dependent while the child or nonminor dependent is placed in the home of the caregiver.
(c)The immunity described in subdivision
(b)shall not apply to a caregiver if any of the following apply:
(1)The act of the caregiver exceeded a caregiver’s duty or authority, as defined by statute, regulation, licensing standards, or similar written instructions.
(2)The act or omission of the caregiver was made with malice or in bad faith, or was a result of recklessness or gross negligence on the part of the caregiver.
(3)The act or omission of the caregiver did not comply with instructions received from the county placing agency regarding specific care and supervision of the child.
(4)Liability for the act or omission of the caregiver is expressly imposed by any other law.
(d)The good faith of a caregiver and the compliance of the caregiver with any written instructions received from the county placing agency are presumed in a civil action. Any person who asserts that a caregiver did not act in good faith, or did not comply with written instructions received from the placing agency, has the burden of proving that assertion.
(e)This section does not prevent foster children, their parents, guardians, or guardians ad litem from bringing a claim for damages arising from, and peculiar to, the foster care relationship, pursuant to the Foster Family Home and Small Family Home Insurance Fund established under Article 2.5 (commencing with Section 1527) of Chapter 3 of Division 2 of the Health and Safety Code.