Bill Text: MI SB1240 | 2011-2012 | 96th Legislature | Chaptered
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-Chaptered.html
Act No. 590
Public Acts of 2012
Approved by the Governor
January 7, 2013
Filed with the Secretary of State
January 7, 2013
EFFECTIVE DATE: January 7, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senator Hildenbrand
ENROLLED SENATE BILL No. 1240
AN ACT 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 child welfare residential or home-based program, a program involving foster care coordination including adoption activities, a respite care program, or behavioral health or early education services operating under contract and as an agent for the department of human services.
(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 subsections (3) and (4), 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 subsections (3) and (4), 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.
(4) This section does not apply if the conduct that causes personal injury or property damage is prohibited by law and a violation of the prohibition is punishable by imprisonment.
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, was not willful misconduct, and was not punishable by imprisonment.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
