{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-85.58j","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-85.58J","heading":"Foster family homes - Property and casualty insurance","body":"A. 1. The Risk Management Administrator may obtain or\n\notherwise provide for the insurance coverage specified by this\n\nsection for a foster family home providing foster care services for\n\nchildren in the custody of the Department of Human Services pursuant\n\nto the Oklahoma Children's Code or the Department of Juvenile\n\nJustice pursuant to the Juvenile Justice Code.\n\n2. Pursuant to the provisions of this section and Section\n\n85.58A of this title, the Risk Management Administrator may obtain\n\nor otherwise provide for property and casualty insurance for\n\ninjuries or damages arising from the foster care relationship and\n\nthe provision of foster care services, property damage or bodily\n\ninjury, as a result of the activities of the foster child, and\n\nreasonable and necessary legal fees incurred in defense of civil\n\nclaims filed pursuant to this section, the Oklahoma Foster Care and\n\nOut-of-Home Placement Act, the Oklahoma Children's Code or the\n\nJuvenile Justice Code, and any judgments awarded as a result of such\n\nclaims. Any insurance coverage obtained or provided pursuant to the\n\nprovisions of this section shall include expenses for legal services\n\nobtained or provided by the Risk Management Administrator.\n\nB. The Risk Management Administrator is authorized to establish\n\nqualifications for coverage and to determine eligibility criteria\n\nand other standards for participation in the Risk Management Program\n\nby the foster family homes. A foster family shall be approved for\n\nparticipation in the Risk Management Program by the Risk Management\n\nAdministrator if the foster family meets the standards and\n\neligibility requirements established by the Risk Management\n\nAdministrator.\n\nC. 1. A request for the insurance coverage provided pursuant\n\nto this section shall be submitted in writing to the Department of\n\nHuman Services and the Department of Juvenile Justice by a foster\n\ncare family. The Department of Human Services and the Department of\n\nJuvenile Justice shall provide a list of the names of all foster\n\nfamily homes which wish to obtain insurance coverage specified by\n\nthis section to the Risk Management Administrators.\n\n2. Upon obtaining insurance coverage as provided by this\n\nsection, the Department of Human Services and the Department of\n\nJuvenile Justice shall provide notice to all foster family homes\n\nwith whom the state agencies contract for foster care services.\n\nD. The Risk Management Administrator shall establish liability\n\nlimits for the insurance coverage authorized by this section on an\n\nannual basis based on the insurance carrier requirements or based on\n\nthe liquidity of the shared risk pool in the Foster Families\n\nProtection Account resulting from the annual payments made pursuant\n\nto Section 85.58M of this title and any interest accrued thereon,\n\nafter deduction of such sums as may be necessary to pay all overhead\n\nand administrative expenses associated with administering the pool.\n\nE. A foster family shall be required to make payments for such\n\ninsurance coverage or payments may be made from funds deposited on\n\nbehalf of foster families by the Department of Human Services or the\n\nDepartment of Juvenile Justice if such funds are available. All\n\nfees collected in accordance with the provisions of this section\n\nshall be deposited in the Foster Families Protection Account.\n\nClaims against the insurance carrier or the pool shall be filed with\n\neither the Department of Human Services or the Department of\n\nJuvenile Justice, as appropriate, and shall be forwarded to the Risk\n\nManagement Administrator.\n\nF. 1. Any insurance or indemnity coverage shall be provided\n\nsolely from funds in the Foster Families Protection Account and to\n\nthe extent of assets available in the shared risk pool established\n\npursuant to the provisions of this section. The Risk Management\n\nAdministrator shall determine the extent of indemnification for\nppropriate, and shall be forwarded to the Risk\n\nManagement Administrator.\n\nF. 1. Any insurance or indemnity coverage shall be provided\n\nsolely from funds in the Foster Families Protection Account and to\n\nthe extent of assets available in the shared risk pool established\n\npursuant to the provisions of this section. The Risk Management\n\nAdministrator shall determine the extent of indemnification for\n\nlosses incurred by any foster families based upon the liquidity of\n\nthe shared risk pool in the Foster Families Protection Account.\n\n2. The State of Oklahoma is not liable, directly or indirectly,\n\nfor any liability incurred by a foster family in the performance of\n\nfoster care services.\n\nG. 1. There is hereby created in the State Treasury a\n\nrevolving fund for the Office of Management and Enterprise Services,\n\nto be designated the \"Foster Families Protection Account\". The\n\naccount shall be a continuing fund, not subject to fiscal year\n\nlimitations, and shall consist of any monies transferred thereto by\n\nthe Department of Human Services, the Department of Juvenile Justice\n\nor any child-placing agency, and any fees collected by the Office of\n\nManagement and Enterprise Services and deposited pursuant to law.\n\n2. All monies accruing to the credit of said fund shall be\n\nexpended by the Office of Management and Enterprise Services for the\n\nspecific purposes specified by this section and the salaries and\n\nadministrative expenses of support staff responsible for\n\nadministering the fund.\n\n3. Expenditures from the fund shall be made upon warrants\n\nissued by the State Treasurer against claims filed as prescribed by\n\nlaw with the Director of the Office of Management and Enterprise\n\nServices for approval and payment. The Foster Families Protection\n\nAccount shall consist of:\n\na. all fees and other monies received pursuant to this\n\nsection, and\n\nb. interest attributable to investment of monies in the\n\naccount.\n\nH. 1. The monies deposited in the account shall at no time\n\nbecome monies of the state and shall not become part of the general\n\nbudget of the Office of Management and Enterprise Services or any\n\nother state agency. Except as otherwise authorized by this\n\nsubsection, no monies from the account shall be transferred for any\n\npurpose to any other state agency or any account of the Office of\n\nManagement and Enterprise Services or be used for the purpose of\n\ncontracting with any other state agency or reimbursing any other\n\nstate agency for any expense.\n\n2. Monies in the account shall only be expended for:\n\na. the purposes specified by this section, and\n\nb. costs incurred by the Comprehensive Professional Risk\n\nManagement Program for the administration of this\n\nsection.\n\nI. Any costs incurred by the Office of Management and\n\nEnterprise Services pursuant to the provisions of this section shall\n\nnot exceed the actual expenditures made by the Office of Management\n\nand Enterprise Services to implement the provisions of this section.\n\nJ. Payment of claims from the Foster Families Protection\n\nAccount shall not become or be construed to be an obligation of this\n\nstate. No claims submitted for reimbursement or payment from the\n\naccount shall be paid with state monies.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"533f33f288301b05a05200719ced13b2d903a2908952cde05bae84fe634880e4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-85.58i","next":"us-ok/okla.-stat.-tit.-74-74-85.58k"},"notice":"GroundRules: Original legal text. Not legal advice."}