(a) A foster parent approved by a child placement agency licensed by the Department of Human Services shall not be liable for:
(1) Damages caused by a foster child; or
(2) Injuries to a foster child caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.
(b) A volunteer approved by the department to transport a foster child or client of the department or to supervise visits at the request of the department shall not be liable to a foster child, the client, or the parent or guardian of a foster child for injuries to a foster child or client caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.
(c) An approved volunteer who performs home studies without compensation shall have immunity from liability as provided for state officers and employees under § 19-10-305. As used in this subsection, “approved volunteer” means a volunteer approved by:
(1) The department; and
(2) Any organization operating under a memorandum of understanding with the department for the completion of home studies.
Structure Arkansas Code
Chapter 28 - Placement or Detention
Subchapter 1 - Children and Family Services
§ 9-28-101. Legislative intent and purpose
§ 9-28-102. Creation of the Division of Children and Family Services
§ 9-28-103. Division of Children and Family Services — Powers and duties
§ 9-28-104. Best interest of the child
§ 9-28-105. Preference to relative caregivers for a child in foster care
§ 9-28-106. Religious preference — Removal of barriers to inter-ethnic adoption
§ 9-28-107. Notice when juvenile transferred to custody of department
§ 9-28-108. Placement of juveniles — Definitions
§ 9-28-109. Notice of move in foster care placement
§ 9-28-110. Smoking in the presence of foster children
§ 9-28-111. Case plans — Definition
§ 9-28-112. Foster children and educational issues
§ 9-28-113. Continuity of educational services to foster children
§ 9-28-114. Foster youth transition
§ 9-28-115. Immunity — Definition
§ 9-28-116. Restrictions on foster and adoptive parents
§ 9-28-117. Authority to obtain local criminal background checks
§ 9-28-118. Training hours for employees
§ 9-28-119. Department of Human Services — Power to obtain information — Definitions
§ 9-28-120. Public disclosure of information on deaths and maltreatment