Michigan Laws 691.1637 – Presumption that action within scope of authority
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 691.1637
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
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.