Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 229--S.F.No. 527
           An act relating to legal liability; prohibiting 
          retaliation against an individual who complies with 
          the child abuse reporting act; providing damages for 
          retaliation; clarifying immunity provisions for good 
          faith compliance with the child abuse reporting act; 
          amending Minnesota Statutes 1982, section 626.556, 
          subdivision 4, and by adding a subdivision.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 626.556, 
subdivision 4, is amended to read: 
    Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) Any person, 
including those voluntarily making reports and those required to 
make reports under subdivision 3, participating in good faith 
and exercising due care in the making of a report pursuant to 
this section shall have immunity from any liability, civil or 
criminal, that otherwise might result by reason of his action. 
    (b) A supervisor or social worker employed by a local 
welfare agency, who in good faith exercises due care when 
complying with subdivisions 10 and 11 or any related rule or 
provision of law, shall have immunity from any civil liability 
that otherwise might result by reason of his action.  
    Sec. 2.  Minnesota Statutes 1982, section 626.556, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [RETALIATION PROHIBITED.] (a) An employer of any 
person required to make reports under subdivision 3 shall not 
retaliate against the person for reporting in good faith 
suspected abuse or neglect pursuant to this section, or against 
a child with respect to whom a report is made, because of the 
report.  
    (b) The employer of any person required to report under 
subdivision 3 who retaliates against the person because of a 
report of suspected abuse or neglect is liable to that person 
for actual damages and, in addition, a penalty up to $1,000.  
    (c) There shall be a rebuttable presumption that any 
adverse action within 90 days of a report is retaliatory.  For 
purposes of this paragraph, the term "adverse action" refers to 
action taken by an employer of a person required to report under 
subdivision 3 which is involved in a report against the person 
making the report or the child with respect to whom the report 
was made because of the report, and includes, but is not limited 
to:  
    (1) discharge, suspension, termination, or transfer from 
the facility, institution, school, or agency;  
    (2) discharge from or termination of employment;  
    (3) demotion or reduction in remuneration for services; or 
    (4) restriction or prohibition of access to the facility, 
institution, school, agency, or persons affiliated with it.  
    Sec. 3.  [EFFECTIVE DATE.] 
    This act is effective August 1, 1983, and applies to any 
civil actions commenced on or after that date. 
    Approved June 1, 1983