§ 4519.7. — 4519.7. (Amended by Stats. 2008, Ch. 51, Sec. 1.)

California § 4519.7.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 4.5.: DIVISION 4.5. SERVICES FOR THE DEVELOPMENTALLY DISABLED
• Ch. 1.6.: CHAPTER 1.6. General Provisions

Text

(a)
Any regional center employee shall not be liable for civil damages on account of an injury or death resulting from an employee’s act or omission where the act or omission was the result of the exercise of the discretion vested in him or her, in good faith, in carrying out the intent of this division, except for acts or omissions of gross negligence or acts or omissions giving rise to a claim under Section 3294 of the Civil Code. This section shall not be applied to provide immunity from liability for any criminal act.
(b)
This section is not intended to change, alter, or affect the liability of regional centers, including, but not limited to, the vicarious liability of a regional center due to a negligent employee.
(c)
A regional center employee, when participating in filing a complaint or providing information as required by law regarding a consumer’s health, safety, or well-being, or participating in a judicial proceeding resulting therefrom, shall be presumed to be acting in good faith, and unless the presumption is rebutted, shall be immune from any liability, civil or criminal, and shall be immune from any penalty, sanction, or restriction that might be incurred or imposed. The presumption established by this subdivision is a presumption affecting the burden of producing evidence.
(d)
This section shall apply only to acts or
omissions that occur on or after January 1, 2001.

Legislative History

Amended by Stats. 2008, Ch. 51, Sec. 1. Effective January 1, 2009.