(1)
A foster care provider shall be immune from civil liability for any acts or omissions committed by a foster child in his or her care, unless a court of competent jurisdiction determines that acts or omissions on the part of the foster care provider were negligent and that such foster care provider's acts or omissions were a cause of injuries, damages, or losses.
If a plaintiff in a civil liability action described in subsection (1) of this section is abiological or adoptive parent or other relative of the foster child and such plaintiff is successful against the foster care provider for any actions or omissions regarding foster care, any monetary compensation received by the plaintiff as a result of the civil action shall be deposited in a trust account at a federally licensed and insured financial institution to be held in trust for the benefit of the foster care child. The amount so deposited shall be subject to the jurisdiction and oversight of the court having probate jurisdiction.
For purposes of this section, "foster care provider" means a foster care parent or afamily member living in a foster care home who provides care to one or more foster children in that home.
Source: L. 2000: Entire section added, p. 1403, § 1, effective May 30.