Okla. Stat. tit. 74, § 74-85.58J

A. 1. The Risk Management Administrator may obtain or

otherwise provide for the insurance coverage specified by this

section for a foster family home providing foster care services for

children in the custody of the Department of Human Services pursuant

to the Oklahoma Children's Code or the Department of Juvenile

Justice pursuant to the Juvenile Justice Code.

2. Pursuant to the provisions of this section and Section

85.58A of this title, the Risk Management Administrator may obtain

or otherwise provide for property and casualty insurance for

injuries or damages arising from the foster care relationship and

the provision of foster care services, property damage or bodily

injury, as a result of the activities of the foster child, and

reasonable and necessary legal fees incurred in defense of civil

claims filed pursuant to this section, the Oklahoma Foster Care and

Out-of-Home Placement Act, the Oklahoma Children's Code or the

Juvenile Justice Code, and any judgments awarded as a result of such

claims. Any insurance coverage obtained or provided pursuant to the

provisions of this section shall include expenses for legal services

obtained or provided by the Risk Management Administrator.

B. The Risk Management Administrator is authorized to establish

qualifications for coverage and to determine eligibility criteria

and other standards for participation in the Risk Management Program

by the foster family homes. A foster family shall be approved for

participation in the Risk Management Program by the Risk Management

Administrator if the foster family meets the standards and

eligibility requirements established by the Risk Management

Administrator.

C. 1. A request for the insurance coverage provided pursuant

to this section shall be submitted in writing to the Department of

Human Services and the Department of Juvenile Justice by a foster

care family. The Department of Human Services and the Department of

Juvenile Justice shall provide a list of the names of all foster

family homes which wish to obtain insurance coverage specified by

this section to the Risk Management Administrators.

2. Upon obtaining insurance coverage as provided by this

section, the Department of Human Services and the Department of

Juvenile Justice shall provide notice to all foster family homes

with whom the state agencies contract for foster care services.

D. The Risk Management Administrator shall establish liability

limits for the insurance coverage authorized by this section on an

annual basis based on the insurance carrier requirements or based on

the liquidity of the shared risk pool in the Foster Families

Protection Account resulting from the annual payments made pursuant

to Section 85.58M of this title and any interest accrued thereon,

after deduction of such sums as may be necessary to pay all overhead

and administrative expenses associated with administering the pool.

Oklahoma Statutes - Title 74. State Government Page 220

E. A foster family shall be required to make payments for such

insurance coverage or payments may be made from funds deposited on

behalf of foster families by the Department of Human Services or the

Department of Juvenile Justice if such funds are available. All

fees collected in accordance with the provisions of this section

shall be deposited in the Foster Families Protection Account.

Claims against the insurance carrier or the pool shall be filed with

either the Department of Human Services or the Department of

Juvenile Justice, as appropriate, and shall be forwarded to the Risk

Management Administrator.

F. 1. Any insurance or indemnity coverage shall be provided

solely from funds in the Foster Families Protection Account and to

the extent of assets available in the shared risk pool established

pursuant to the provisions of this section. The Risk Management

Administrator shall determine the extent of indemnification for
ppropriate, and shall be forwarded to the Risk

Management Administrator.

F. 1. Any insurance or indemnity coverage shall be provided

solely from funds in the Foster Families Protection Account and to

the extent of assets available in the shared risk pool established

pursuant to the provisions of this section. The Risk Management

Administrator shall determine the extent of indemnification for

losses incurred by any foster families based upon the liquidity of

the shared risk pool in the Foster Families Protection Account.

2. The State of Oklahoma is not liable, directly or indirectly,

for any liability incurred by a foster family in the performance of

foster care services.

G. 1. There is hereby created in the State Treasury a

revolving fund for the Office of Management and Enterprise Services,

to be designated the "Foster Families Protection Account". The

account shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of any monies transferred thereto by

the Department of Human Services, the Department of Juvenile Justice

or any child-placing agency, and any fees collected by the Office of

Management and Enterprise Services and deposited pursuant to law.

2. All monies accruing to the credit of said fund shall be

expended by the Office of Management and Enterprise Services for the

specific purposes specified by this section and the salaries and

administrative expenses of support staff responsible for

administering the fund.

3. Expenditures from the fund shall be made upon warrants

issued by the State Treasurer against claims filed as prescribed by

law with the Director of the Office of Management and Enterprise

Services for approval and payment. The Foster Families Protection

Account shall consist of:

a. all fees and other monies received pursuant to this

section, and

b. interest attributable to investment of monies in the

account.

H. 1. The monies deposited in the account shall at no time

become monies of the state and shall not become part of the general

budget of the Office of Management and Enterprise Services or any

other state agency. Except as otherwise authorized by this

subsection, no monies from the account shall be transferred for any

Oklahoma Statutes - Title 74. State Government Page 221

purpose to any other state agency or any account of the Office of

Management and Enterprise Services or be used for the purpose of

contracting with any other state agency or reimbursing any other

state agency for any expense.

2. Monies in the account shall only be expended for:

a. the purposes specified by this section, and

b. costs incurred by the Comprehensive Professional Risk

Management Program for the administration of this

section.

I. Any costs incurred by the Office of Management and

Enterprise Services pursuant to the provisions of this section shall

not exceed the actual expenditures made by the Office of Management

and Enterprise Services to implement the provisions of this section.

J. Payment of claims from the Foster Families Protection

Account shall not become or be construed to be an obligation of this

state. No claims submitted for reimbursement or payment from the

account shall be paid with state monies.