7 AAC 53.110. Damages and loss

(a) Modest damages and loss costs are normal in the care of children, and are included in the standard rate; however, the department may reimburse a foster parent for damages and loss up to $5,000 if

(1) the damage or loss is a result of a deliberate act with malicious intent of the foster child, or with gross negligence of the child;

(2) considering the child's maturity and behavioral history, the foster parents were providing adequate supervision and exercised appropriate precautions;

(3) the damage or loss does not include rental or other payment for lost time or use of the damaged or lost items;

(4) the damage or loss exceeds $100 for a single event or $150 cumulative each month;

(5) the damage or loss is documented by the foster parent, including filing a report with law enforcement if required by the department; and

(6) the damage or loss is not covered by any insurance protection the foster parent has.

(b) The department may arrange for restitution by the child instead of by the department.

(c) The department may use the services of an assessor to determine the appropriateness of, and dollar amount paid for, a damage or loss claim.

History: Eff. 7/1/90, Register 114; am 3/31/2005, Register 173

Authority: AS 47.05.010

AS 47.14.010

Editor's note: The substance of 7 AAC 53.110 was formerly contained in 7 AAC 50.730.

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