Assembly Bill No. 141–Assemblyman Williams

February 14, 2001

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Referred to Committee on Judiciary

SUMMARY—Imposes liability on state for certain damages caused by foster children. (BDR 38‑239)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to foster children; imposing liability on the state for certain damages caused by foster children; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 424 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The division is jointly and severally liable with a foster child and

1-4 any other persons against whom liability is imposed by law, for any

1-5 actual damages sustained:

1-6 (a) Except as otherwise provided in paragraph (b), to the private

1-7 property of another person or to public property caused by the willful

1-8 misconduct of the foster child.

1-9 (b) By another person, to the property of another person or to public

1-10 property caused by the negligence or willful misconduct of the foster

1-11 child when driving a motor vehicle.

1-12 2. The joint and several liability of the division established pursuant

1-13 to this section must not exceed $10,000 for any act of a foster child.

1-14 3. The liability imposed pursuant to this section is in addition to any

1-15 other liability imposed by law.

1-16 4. The division may insure:

1-17 (a) Itself against any liability arising under this section.

1-18 (b) Against the expense of defending a claim against itself whether or

1-19 not liability exists on such a claim.

1-20 5. As used in this section, “foster child” means a child in the foster

1-21 care of a person who is licensed by the division pursuant to NRS 424.030

1-22 to conduct a family foster home or group foster home.

2-1 Sec. 2. The liability imposed pursuant to section 1 of this act does not

2-2 apply to any act committed by a foster child before July 1, 2001.

2-3 Sec. 3. This act becomes effective on July 1, 2001.

2-4 H