72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 167
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Oregon Youth Authority)
CHAPTER ................
AN ACT
Relating to youth offenders; amending ORS 30.297 and 30.298.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 30.297 is amended to read:
30.297. (1) Notwithstanding ORS 125.235, the Department of
Human Services is liable for damages resulting from the
intentional torts of a foster child who is { + residing in + }:
(a) { - Residing in - } A foster home that has been
certified by the department under the provisions of ORS 418.625
to 418.645, even though the child { - may be - } { + is + }
temporarily absent from that home; { - or - }
(b) { - Residing in - } An approved home 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, even though
the child
{ - may be - } { + is + } temporarily absent from that home
{ - . - } { + ; or + }
{ - (2) - } { + (c) + } { - Notwithstanding ORS 125.235,
the department is liable for damages resulting from the
intentional torts of a foster child who is residing in - } A
developmental disability child foster home that has been
certified by the department under the provisions of ORS 443.830
and 443.835, even though the foster child { - may be - } { +
is + } temporarily absent from that home.
{ + (2) Notwithstanding ORS 125.235, the Oregon Youth
Authority is liable for damages resulting from the intentional
torts of a youth offender who is residing in a youth offender
foster home that has been certified by the authority under the
provisions of ORS 420.888 to 420.892, even though the youth
offender is temporarily absent from that home. + }
(3) Except as otherwise provided in this section, the liability
of the department { + and the authority + } under this section
{ - shall be - } { + 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 subsections (1) and (2) of this section:
Enrolled Senate Bill 167 (SB 167-INTRO) Page 1
(a) The department { - shall not be - } { + and the
authority are not + } liable for any damages arising out of the
operation of a motor vehicle by a foster child { + or youth
offender + }; and
(b) The department { - shall - } { + and the authority
are + } only { - be - } liable for theft by a foster child
{ + or youth offender + } upon a showing by clear and convincing
evidence that the foster child { + or youth offender + }
committed the theft.
(5) For the purposes of this section:
{ + (a) 'Authority' means the Oregon Youth Authority. + }
{ - (a) - } { + (b) + } 'Department' means the Department
of Human Services.
{ - (b) - } { + (c) + } 'Foster child' means:
(A) A minor child under the custody or guardianship of the
department by reason of appointment pursuant to ORS chapter 125,
419A, 419B or 419C;
(B) A minor child under the physical custody of the department
pursuant to a voluntary agreement with the parent under ORS
418.015 (1);
(C) A minor child placed in a certified foster home, pending
hearing, by any person authorized by the department to make that
placement;
(D) A person under 21 years of age who has been placed in an
approved home 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
(E) A child residing in a developmental disability child foster
home certified under ORS 443.830 and 443.835.
{ + (d) 'Youth offender' has the meaning given in ORS
420.888. + }
SECTION 2. ORS 30.298 is amended to read:
30.298. (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 + }:
(a) { - The foster child resides in - } 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;
{ - or - }
(b) { - The foster child is residing in - } 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 + }
{ - (2) - } { + (c) + } { - Except as otherwise provided
in this section, the department 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 - } 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 a youth offender if the youth
offender resides in a youth offender 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. + }
Enrolled Senate Bill 167 (SB 167-INTRO) Page 2
(3) Except as otherwise provided in this section, the liability
of the department { + and of the authority + } under this
section { - shall be - } { + 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 { - is - } { + 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 { - is - } { + 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 { - shall - } { + 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 { - shall not be - } { + 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
youth offender + } 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) 'Authority' means the Oregon Youth Authority. + }
{ - (a) - } { + (b) + } 'Department' means the Department
of Human Services.
{ - (b) - } { + (c) + } 'Economic damages' and 'noneconomic
damages ' have those meanings given in ORS 18.560.
{ - (c) - } { + (d) + } 'Foster child' has that meaning
given in ORS 30.297.
{ + (e) 'Youth offender' has the meaning given in ORS
420.888. + }
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Enrolled Senate Bill 167 (SB 167-INTRO) Page 3
Passed by Senate February 25, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 16, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 167 (SB 167-INTRO) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 167 (SB 167-INTRO) Page 5