Legal Question in Civil Litigation in California

Re: Foster Parent Liability

There is an attorney general (meaning California Attorney General) opinion lying around that states that foster parents are not liable for their children. An opinion from the Attorney General, however, is not law, and is not even usually suitable for framing.

I do know that Government Code section 23004.4 provides for insurance

for foster care providers that are licensed pursuant to Welfare and Institutions Code section 16000 et seq.

At common law, parents were not liable for the torts of their children. Liability only attaches in states where the Legislature has passed a statute imposing this form of vicarious liability. The code section that imposes liability on parents for tortious acts committed by their children or children that they have care over is set forth in Civil Code section 1714.1. "Any act of willful misconduct of a minor which results

in injury or death to another person or in any injury to the property

of another shall be imputed to the parent or guardian having custody

and control of the minor for all purposes of civil damages..."

I would argue that the Attorney General is wrong, and that Civil Code section 1714.1 clearly points out that a guardian having custody and control of the minor would be liable. It appears that there has been no case law, unless it is extremely recent, interpreting this section.

I would contact your local county licensing board, and determine whether you are covered by insurance. If you were sued, it would be best to tender (meaning turn it over) it to the insurer.

Very truly yours,