Becerra

A 14-year-old child was killed by a third party while she was in the care of her foster parents. Plaintiffs, the natural mother and siblings of the child, alleged that the foster parents’ negligent supervision caused or contributed to the child’s death. The foster parents demurred to plaintiffs’ amended complaint on the ground that plaintiffs failed to file a claim with the Foster Family Home and Small Family Home Insurance Fund (Fund) as required by Health and Safety Code section 1527.6, subdivision (d). The trial court sustained the demurrer, and plaintiffs appeal from the resulting judgment. For the reasons stated below, we affirm.

Facts and Procedural Background

Underlying Allegations

In reviewing the trial court’s judgment sustaining a demurrer without leave to amend, we accept as true all properly pleaded allegations of the amended complaint. (Loehr v. Ventura County Community College Dist. (1983) 147 Cal.App.3d 1071, 1076 [ 195 Cal.Rptr. 576 ].)

Mariana Zavala, a 14-year-old developmentally disabled child, was in the care of her licensed foster parents Richard and Christina Gonzales (defendants). According to the first amended complaint, on the evening of…