Michigan Laws 691.1635 – Immunity of social services agency and its director, member, officer, employee, or agent; exception
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Michigan Laws 691.1635
- 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. See Michigan Laws 691.1633
- 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. See Michigan Laws 691.1633
- Social services agency: means a person, other than an individual, that is licensed by this state to provide child social welfare programs. See Michigan Laws 691.1633
- Willful misconduct: means conduct or a failure to act that is intended to harm the plaintiff. See Michigan Laws 691.1633
(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.