SB 1470

This bill applies to (i) nonprofit organization s that contract with the department of children's services ("department"") to provide services as a single source continuum contractor under law relative to foster care and (ii) nonprofit organization s that contract with the department or with a single source continuum contractor to provide community-based care or child welfare services. This bill generally prohibits such an entity from be ing held liable for damages resulting from an act or omission of a person who is an employee or volunteer of the entity or a caregiver providing services on behalf of the entity if, at the time of the act or omission giving rise to the claim, the entity has met all of the following criteria:  Conducted timely criminal background checks for the person as required by law .  Before hiring, contracting with, or otherwise enlisting the services of the person and then at least once every five years, confirmed the person is not listed in the department of health's registry of persons who have abused, neglected, or misappropriated the property of vulnerable persons, or a similar registry or database from another state .  Reported any known allegation of misconduct by the person as required by law .  Taken timely and proportionate administrative or personnel action in response to deficiency in the performance of duties by the person .  Required the person to complete training for (i) child sexual abuse prevention at least once every five years and (ii) the reporting of child abuse and neglect. However, an entity may be held vicariously liable by a claimant on the basis of services received from the entity for the act or omission of a person who is an employee or volunteer of the entity or a caregiver providing services on behalf of the entity only if the c laimant shows (i) t he entity was not in substantial compliance with a requirement described above at the time of the act or omission giving rise to the claim; ( ii ) t he requirement was designed to prevent the specific type of harm alleged to hav e occurred; and ( iii ) t he entity's failure to be in substantial compliance with the requirement was a contributing factor in bringing about the harm. Additionally, the protection from liability described above does not affect the liability of an entity for damages resulting from the gross negligence of the entity, nor does it limit (i) t he liability of an entity for a claim otherwise authorized by state or federal law or ( ii ) t he ability of a governmental entity to take administrative, regulatory, or prosecutorial action against an entity."