§ 1062.33. — 1062.33. (Added by Stats. 2024, Ch. 403, Sec. 1.)

California § 1062.33.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 14.
• Part 2.: TITLE 14. OF MISCELLANEOUS PROVISIONS
• Ch. 11.: CHAPTER 11. Foster Family Agency Accountability

Text

(a)
An FFA may be held liable for injury or damage caused by the negligence of the FFA but not for the injury or damage caused by the public entity, including its officers, employees, or volunteers, acting in its capacity. The FFA and the public entity shall each bear the cost of insuring against their respective acts and omissions and shall each bear the costs of defending itself against claims arising from those risks.
(b)
(1)
Notwithstanding any other law, subdivision (a) shall
not be waived or suspended by any court. Any provision in a nongovernmental organization contract for child, youth, and family services in which a public entity is indemnified, held harmless, or insured for damages, claims, losses, or expenses arising from injury or damage, including, but not limited to, bodily injury, mental anguish, property damage, or economic or noneconomic damages or loss, caused by or resulting from a public entity’s negligence or intentional conduct, in whole or in part, shall be void as against public policy and unenforceable.
(2)
Subdivision (a) does not limit or affect the immunity provided by any other law that would otherwise be an available defense to either party.

Legislative History

Added by Stats. 2024, Ch. 403, Sec. 1. (AB 2496) Effective September 22, 2024. Repealed as of January 1, 2027, pursuant to Section 1062.34.