Bill Text: MI SB1240 | 2011-2012 | 96th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Torts; liability; social services agency; grant immunity for providing child social welfare programs. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-12-31 - Assigned Pa 0590'12 With Immediate Effect [SB1240 Detail]

Download: Michigan-2011-SB1240-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1240

 

 

September 11, 2012, Introduced by Senator HILDENBRAND and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to provide protection from civil liability to persons

 

that provide court-appointed social services.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"social services agency liability act".

 

     Sec. 3. As used in this act:

 

     (a) "Child social welfare program" means a court-appointed

 

residential or home-based program for juveniles, a program

 

involving foster care coordination, including adoption activities,

 

or a respite care program.

 

     (b) "Gross negligence" means conduct or a failure to act that

 

is so reckless that it demonstrates a substantial lack of concern

 

for whether an injury will result.

 


     (c) "Person" means an individual, partnership, corporation,

 

association, or other legal entity, other than a governmental

 

agency.

 

     (d) "Social services agency" means a person, other than an

 

individual, that is licensed by this state to provide child social

 

welfare programs.

 

     (e) "Willful misconduct" means conduct or a failure to act

 

that is intended to harm the plaintiff.

 

     Sec. 5. (1) Subject to subsection (3), a social services

 

agency is immune from liability for personal injury or property

 

damage caused by the agency's provision of a child social welfare

 

program.

 

     (2) Subject to subsection (3), a director, member, officer,

 

employee, or agent of a social services agency is immune from

 

liability for personal injury or property damage caused by the

 

director, member, officer, employee, or agent while acting on

 

behalf of the agency in the conduct of a child social welfare

 

program if the director, member, officer, employee, or agent is

 

acting or reasonably believes he or she is acting within the scope

 

of his or her authority.

 

     (3) This section does not apply if the conduct that causes

 

personal injury or property damage amounts to gross negligence or

 

is willful misconduct.

 

     Sec. 7. In a civil action for damages resulting from the

 

conduct of a child social welfare program, there is a presumption

 

that a director, member, officer, employee, or agent of a social

 

services agency was acting within the scope of his or her authority

 


and that the conduct of the director, member, officer, employee, or

 

agent did not amount to gross negligence and was not willful

 

misconduct.

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