language to be deleted (2) new language
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
Copyright © 1983 by the Revisor of Statutes, State of Minnesota. All rights reserved.