(1) Except as otherwise provided in this section, the Department of Human Services is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by a foster child if the foster child is residing in:

Terms Used In Oregon Statutes 30.298

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Statute: A law passed by a legislature.

(a) A foster home that is maintained by the foster parents and that has been certified by the department under the provisions of ORS § 418.625 to 418.645;

(b) An approved home that is maintained by the foster parents and that is receiving payment from the department under the provisions of ORS § 418.027 or under the provisions of ORS § 420.810 and 420.815; or

(c) A developmental disability child foster home that has been certified by the department under the provisions of ORS § 443.830 and 443.835.

(2) Except as otherwise provided in this section, the Oregon Youth Authority is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by an adjudicated youth if the adjudicated youth resides in an adjudicated youth foster home that is maintained by the foster parents and that has been certified by the authority under the provisions of ORS § 420.888 to 420.892.

(3) Except as otherwise provided in this section, the liability of the department and of the authority under this section is subject to the same requirements and limitations provided in ORS § 30.260 to 30.300, and a claim under this section shall be treated as a claim for damages within the scope of ORS § 30.260 to 30.300 for the purposes of ORS § 278.120.

(4) Notwithstanding ORS § 30.260 to 30.300:

(a) In no event shall the liability of the department or the authority under this section exceed $5,000 for any number of claims arising out of a single occurrence;

(b) The liability of the department and the authority under this section is limited to economic damages, and in no event shall the department or the authority be liable for noneconomic damages;

(c) The department and the authority are liable under this section only to the extent the loss is not covered by other insurance; and

(d) No claim shall be allowed under this section unless written notice of the claim is delivered to the Oregon Department of Administrative Services within 90 days after the alleged loss or injury.

(5) The department and the authority are not liable under this section for:

(a) Damage to or destruction of currency, securities or any other intangible property;

(b) The unexplained disappearance of any property; or

(c) Loss or damage that is due to wear and tear, inherent vice or gradual deterioration.

(6) In no event does the liability of the department or the authority under this section for damage to property exceed the difference between the fair market value of the property immediately before its damage or destruction and its fair market value immediately thereafter. The department and the authority are not liable for the costs of any betterments to the property that may be required by code, statute or other law as a condition of repair, replacement or reconstruction.

(7) The liability imposed under this section is in addition to that imposed for the intentional torts of a foster child or adjudicated youth under ORS § 30.297, but any amounts paid under this section shall reduce any recovery that may be made under ORS § 30.297.

(8) For the purposes of this section:

(a) ‘Adjudicated youth’ has the meaning given that term in ORS § 419A.004.

(b) ‘Authority’ means the Oregon Youth Authority.

(c) ‘Department’ means the Department of Human Services.

(d) ‘Economic damages’ and ‘noneconomic damages’ have the meanings given those terms in ORS § 31.705.

(e) ‘Foster child’ has the meaning given that term in ORS § 30.297. [1991 c.756 § 3; 1997 c.130 § 2; 1999 c.316 § 11; 2001 c.900 § 11; 2003 c.232 § 2; 2005 c.374 § 5; 2021 c.489 § 8; 2021 c.657 § 1a]

 

See note under 30.297.

 

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