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  #1  
Old 06-26-2008, 04:17 PM
ILfstr ILfstr is offline
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Lawsuits??

Hi Everyone!! I'm new to the site and I just started the Foster Care process recently (just submitted my application)!!!

I just wanted to thank everyone who has answered soooo many of my questions!!!!

I just had a question that I thought I would throw out there...

I work in the Insurance Industry so obviously before I started the process, a concern I had was about the legal exposure for caring for a foster child. Yesterday I read an article about a foster parent who was caring for a child with the intent to adopt. The house they were living in started on fire and the foster parent was unable to get the child out of the house in time. The child passed away and the foster parent suffered significant burns incurring approx $1mill in medical expenses. Now the biomom is suing the foster parent for wrongful death. Although I would think a Judge/Jury would be sympathetic to the foster parent, I know the significant expenses one can incur defending themselves in a lawsuit.

Has anyone heard of a similar situation or know if there is any time of coverage/protection if something like this were to happen.

I know no one wants to think of something like that happening, but it is important to protect yourselves in today's litigious society.

Thanks!
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  #2  
Old 06-26-2008, 07:14 PM
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CaddoRose CaddoRose is offline
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I haven't heard about any cases of this type. Although we have plenty of insurance for the uaual things, I really wouldn't think to add anything for this type of event.
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Old 06-26-2008, 09:50 PM
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xxsurroundedbyxy xxsurroundedbyxy is offline
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As long as you follow all of the fostering requirements in this area, I would think you could not be held liable if you did all you could do.

Here, we have to have a smoke detector outside each bedroom door (or in the bedroom) and in the kitchen. We have to have a kitchen fire extinguisher in the kitchen and another in a separate part of the house. We have to have emergency numbers posted above the phone and an escape plan posted as well. We have to have quarterly fire drills (my family does them once a month switching up scenarios and you should check your detectors once a month as well). And change batteries in your smoke alarms every six months.

SO.....if you are doing all that (which is more than any family I know) and a child still dies in your care then I can't see a jury holding you responsible or even charges filed.

Kim
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DS-S 2yrs

Current Placements:
None- my little one going through terrible twos is also about to have a tonsilectomy. Ugh. If you have stories of success please pass them to me. If you have a horror story, please, I don't think I could handle it right now. LOL

Former foster son came this past weekend for his birthday celebration and one last hoorah before school starts. I was happy to see him doing better.

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and FINALLY respite for one baby girl

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Old 06-28-2008, 03:29 PM
mommy2fiveplus mommy2fiveplus is offline
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You can always get Pre-Paid Legal, they will provide a defense attorney for you if you are filed against. In the case that you require legal services where you are the plaintiff the hourly fee is reduced by 50% and there are no upfront fees. The cost is like $50 a month and you don't have to pay any hourly fees if you end up needing the service as a defendant.
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Old 06-28-2008, 04:59 PM
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The county I did fost-adopt through insures foster parents against lawsuits. If you are going through a county's DHS, they should mention it in the classes, if they don't bring it up, I'd definitely ask.
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