SB-1240, As Passed House, December 12, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1240

(As amended December 11, 2012)

     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 [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.