Claims by Foster Parents to the Board of Adjustment for

Damages Caused by Foster Children

All claims for damages by foster children must be submitted to the Board of Adjustment. Each claim will be considered on an individual basis by State DHR and a recommendation will be made to the Board whether the claim should be paid. Not all claims are recommended for payment and there are many factors that the Department considers when recommending payment of a claim. State DHR only makes a recommendation on payment. The final decision whether to pay a claim is up to the Board of Adjustment.

Examples of claims that have been paid in past cases include:

- Damage to a foster parent’s car when the foster child drove it without authorization and had an accident. Payments are usually limited to the amount of the insurance deductible.

- Damage caused, intentionally or accidentally, by a foster child to furniture and other personal items.

- Reimbursement for money or other items stolen from a foster parent. Payments for these type claims are normally made only when there is convincing evidence that the foster child took the items.

- Payment for the amount of the deductible of a foster parent’s homeowners insurance when a foster child accidentally set a kitchen on fire.

Reasons that DHR may recommend against payment for damage claims by foster parent include, among others, negligence by the foster parents in supervising the child, unsubstantiated or unreasonably high repair or replacement cost claimed for the damaged item, and insufficient proof that the foster child caused the loss or damage.

Claims must be submitted within one year of the loss of damage. The Board of Adjustment can waive this one year requirement, but justification for the delay in presenting the claim must be provided. It is entirely up to the discretion of the Board whether to waive the one year requirement.

Claim forms can be obtained at the DHR county offices. Processing of claims can be speeded up if complete documentation is provided with the claim. Foster parents should thoroughly explain their claims and give detailed facts about how the damage or loss occurred. The claims form does not provide much space to write out the facts concerning the claim, so additional sheets should be attached if necessary. Proof of replacement or repair costs should be provided. The social worker assigned to the case should be asked to review the damage as soon as possible after the incident to help substantiate the claim. Pictures of the damage can sometimes assist in verifying the claim. Claimants can also submit statements from other people who have information about the claim or who saw the child damage the item. Proper completion of the Request For Taxpayer Identification Number form will also expedite payment of approved claims. However, even with proper documentation, it may still take several months for an approved claim to be paid.

This information is provided to give general guidance in submitting claims. The laws of Alabama and the Rules of the Board of Adjustment are the final authority regarding Board of Adjustment claims. There is no guarantee that any claim, even if similar to the examples listed above, will automatically be paid. Each claim is considered based on its particular facts. Additionally, the information in this fact sheet is limited to claims by foster parents. Claims from people other than foster parents, for damages caused by foster children, are not usually recommended for payment by DHR.

If you have any questions regarding the processing of Board of Adjustment (BOA) Claims, we suggest you contact Elizabeth Hendrix in the State DHR Legal Office at 334-242-9330.

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Send Board of Adjustment Claim ( in triplicate) to:

State of Alabama Board of Adjustment

P. O. Box 301435

Montgomery, Alabama 36130

Other contact information:

Mose Stuart, BOA Attorney

334-242-7175, ext. 2

Fax 33-242-2008

MOSE.STUART@finlegal.alabama.gov