November 8, 2011, Introduced by Reps. Walsh, Crawford, Haveman, Lyons, Heise, Johnson and O'Brien and referred to the Committee on Judiciary.
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.