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(f) State liability protection under this section is not available for a child placed in a foster home by a tribal entity under 7 AAC 53.020(d). (Eff. 11/23/78, Register 68; am 3/31/82, Register 81; am 7/1/90, Register 114; am 3/31/2005, Register 173; am 4/13/2011, Register 198; am 12/10/2011, Register 200; am 8/01/2015, Register 215) Statutory Authority: Authority: AS 09.65.255 AS 47.06.010 AS 47.14.010

AS 44.30.020 AS 47.10.080 AS 47.14.120 Editor’s note: The substance of 7 AAC 53.100 was formerly contained in 7 AAC 50.790. Effective July 1, 2022, Executive Order 121 split the former Department of Health and Social Services into the Department of Health and the Department of Family and Community Services. As of Register 242 (July 2022), the regulations attorney made conforming technical revisions under sec. 138, E.O. 121 and AS 44.62.125(b)(6), to the authority citation that follows 7 AAC 53.100 to substitute references to AS 44.30.020 and AS 47.06.010 for the former reference to AS 47.05.010. 7 AAC 53.110. Damages and loss. (a) Modest damages and loss costs are normal in the care of children, and are included in the base rate; however, the department may reimburse a foster parent for damages and loss up to $6,000 if

(1) the damage or loss is a result of a deliberate act with malicious intent of the foster child, or with gross negligence of the child;

(2) considering the child’s maturity and behavioral history, the foster parents were providing adequate supervision and exercised appropriate precautions;

(3) the damage or loss does not include rental or other payment for lost time, wages, or use of the damaged or lost items;

(4) the damage or loss exceeds $150 for a single event or $200 cumulative each month;

(5) the damage or loss is documented by the foster parent, including filing a report with law enforcement if required by the department; and