LD 523
pg. 1
LD 523 Title Page An Act to Implement Recommendations of the Maine Indian Tribal-State Commission... Page 2 of 2
Download Bill Text
LR 1617
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §4062, sub-§1, as amended by PL 1985, c. 521, is
further amended to read:

 
1. Payments by department. The department shall provide
payments to facilities caring for children to meet the costs of
clothing, board and care, within the limits of available funds.
The department may establish, by rule, different categories of
facilities, levels of need and care and flat-rate or
reimbursement methods to distribute these funds. The department
may provide child care and travel expense payments to foster and
adoptive parents and trainers participating in foster and
adoptive parent training programs and volunteers participating in
the administrative case review program.

 
Any federally recognized Indian tribe in this State or any other
person or facility providing foster care for a child who is a
member, or eligible to be a member of any of those tribes is
eligible for benefits and reimbursement under any state or
federally funded program administered by the State for the
benefit of Maine children, including without limitation for the
benefit of children within the jurisdiction of the Passamaquoddy
Tribe or Penobscot Nation under the Indian Child Welfare Act, 25
United States Code, Section 1901, et seq.

 
Sec. 2. 22 MRSA §8101, sub-§3, as amended by PL 1987, c. 778, §2, is
further amended to read:

 
3. Family foster home. "Family foster home" means a
children's home, including an Indian family foster home, that is
a private dwelling where substitute parental care is provided
within a family on a regular, 24-hour a day, residential basis.
The total number of children in care may not exceed 6, including
the family's legal children under 16 years of age, with no more
than 2 of these children under the age of 2. Family foster homes
licensed by the Department of Human Services or relatives' homes
approved by the Department of Human Services as meeting licensing
standards are eligible for insurance pursuant to Title 5, section
1728-A. In any action for damages against a family foster home
provider insured pursuant to Title 5, section 1728-A, for damages
covered under that policy, the claim for and award of those
damages, including costs and interest, shall may not exceed
$300,000 for any and all claims arising out of a single
occurrence. When the amount awarded to or settled for multiple
claimants exceeds the limit imposed by this section, any party
may apply to the Superior Court for the county in which the
governmental entity is located to allocate to each claimant that
claimant's equitable share of the total, limited as required by
this section. Any award by the court in excess of the maximum


LD 523 Title Page Top of Page Page 2 of 2