HB 3138

Abstract

Creates the Temporary Immunity for Child Welfare Agencies Act. Creates immunity from civil liability for a licensed child welfare agency that provides service for youth in foster care for a 2-year period unless the agency's acts or omissions constitute willful and wanton conduct. Provides that the immunity extends to the agency's employees, volunteers, and agents acting within the scope of their employment. Defines a "child welfare agency" to mean a public or private child care facility that receives a child or children for the purpose of placing or arranging for the placement or free care of the child or children in foster family homes, unlicensed pre-adoptive and adoptive homes, adoption-only homes, or other facilities for child care apart from the custody of the child's or children's parents. The term "child welfare agency" includes (i) all agencies established and maintained by a municipality or other political subdivision of the State to protect, guard, train or care for children outside their own homes; and (ii) all agencies, persons, groups of persons, organizations, corporations, institutions, centers, or group providing adoption services but does not include a circuit court, appointed juvenile probation officer, or youth counselor of the court who receive and place children under an order of the court. Creates the Child Welfare Agency Liability Task Force to develop and recommend a permanent solution to address the unavailability of liability insurance for child welfare agencies in the State. Requires that the Task Force submit its first report to the General Assembly no later than December 26, 2026. Effective immediately.