Legal Liability of Resource Parents

What liability might resource parents have as a result of keeping a child in their home on a foster care basis?

The U.S. Supreme Court has stated resource parents are responsible for day-to-day supervision of the child and provision of the child’s needs. Regardless of their rights and duties as resource parents, they could be charged with the same general legal responsibilities any person has under the law:

  • To exercise reasonable, aware and prudent behavior in actions and in the supervision and support of the child
  • To refrain from criminal activities

A resource parent may be liable for the wrongful death of a child in the resource parent’s care. Resource parents may also be liable for injuries to the child caused by the resource parent’s lack of care.

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