California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 14 — Of Miscellaneous Provisions, Chapter 11 — Foster Family Agency Accountability, Section 1062.33

(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.

Notes

Limits a foster family agency’s liability to injury or damage caused by its own negligence and assigns public-entity-caused harm to the public entity, with each bearing its own insurance and defense costs. Bars waiver of that allocation and voids contract terms shifting public-entity negligence or intentional-conduct losses to the agency, while preserving other legal immunities.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 1062.33 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-14/chapter-11/section-1062-33

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