Chapter 11 - Foster Family Agency Accountability

California Code of Civil Procedure — §§ 1062.30-1062.34

Sections (6)

Added by renumbering Section 1062a by Stats. 1980, Ch. 676, Sec. 66.

(a)Except as provided in subdivision (b), actions brought under the provisions of this chapter shall be set for trial at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law.

(b)Any action brought under the provisions of this chapter in which the plaintiff seeks any relief, in addition to a declaration of rights and duties, shall take such precedence only upon noticed motion and a showing that the action requires a speedy

trial.

§ 1062.30

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.

This chapter applies to any claim or lawsuit against a foster family agency or a noncustodial adoption agency for the acts of their employees, contractors, or volunteers brought by a recipient of those services or on the recipient’s behalf.

§ 1062.31

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.

It is the public policy of the State of California that foster family agencies or noncustodial adoption agencies, also known as FFAs, provide necessary services to vulnerable youth throughout the state and are integral to the foster care system. Consequently, FFAs are afforded the rights set forth in this chapter.

§ 1062.32

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.

For the purposes of this chapter, the following definitions apply:

(a)“FFA” means a foster family agency or a noncustodial adoption agency, as these terms are defined in Section 1502 of the Health and Safety Code.

(b)“Public entity” has the same meaning as defined in Section 811.2 of the Government Code.

§ 1062.33

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.

(a)An FFA may be held liable for injury or damage caused by the negligence of the FFA but not for the injury or damage caused by the public entity, including its officers, employees, or volunteers, acting in its capacity. The FFA and the public entity shall each bear the cost of insuring against their respective acts and omissions and shall each bear the costs of defending itself against claims arising from those risks.

(b)(1) Notwithstanding any other law, subdivision (a) shall

not be waived or suspended by any court. Any provision in a nongovernmental organization contract for child, youth, and family services in which a public entity is indemnified, held harmless, or insured for damages, claims, losses, or expenses arising from injury or damage, including, but not limited to, bodily injury, mental anguish, property damage, or economic or noneconomic damages or loss, caused by or resulting from a public entity’s negligence or intentional conduct, in whole or in part, shall be void as against public policy and unenforceable.

(2)Subdivision (a) does not limit or affect the immunity provided by any other law that would otherwise be an available defense to either party.

§ 1062.34

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 11, commencing with Section 1062.30.

This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.