Browse Arkansas Code titles and sections
9-28-115. Immunity — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-115. Immunity — Definition.
(a) A foster parent approved by a child placement agency licensed by the Department of Human Services shall not be liable for:
(1) Damages caused by a foster child; or
(2) Injuries to a foster child caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.
(b) A volunteer approved by the department to transport a foster child or client of the department or to supervise visits at the request of the department shall not be liable to a foster child, the client, or the parent or guardian of a foster child for injuries to a foster child or client caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.
(c) An approved volunteer who performs home studies without compensation shall have immunity from liability as provided for state officers and employees under § 19-10-305. As used in this subsection, “approved volunteer” means a volunteer approved by:
(1) The department; and
(2) Any organization operating under a memorandum of understanding with the department for the completion of home studies.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-115
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-28-115
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 09e88c994fff082142a96fc3e56f8d19ad35785de69e39f131705e07fdee13fa
Source location: content.xml paragraph 19652
Stored source content
9-28-115. Immunity — Definition.
(a) A foster parent approved by a child placement agency licensed by the Department of Human Services shall not be liable for:
(1) Damages caused by a foster child; or
(2) Injuries to a foster child caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.
(b) A volunteer approved by the department to transport a foster child or client of the department or to supervise visits at the request of the department shall not be liable to a foster child, the client, or the parent or guardian of a foster child for injuries to a foster child or client caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.
(c) An approved volunteer who performs home studies without compensation shall have immunity from liability as provided for state officers and employees under § 19-10-305. As used in this subsection, “approved volunteer” means a volunteer approved by:
(1) The department; and
(2) Any organization operating under a memorandum of understanding with the department for the completion of home studies.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-10-305. Immunity of state officers and employees — Status as employee.
(a) Officers and employees of the State of Arkansas are immune from liability and from suit, except to the extent that they may be covered by liability insurance, for damages for acts or omissions, other than malicious acts or omissions, occurring within the course and scope of their employment.
(b) For purposes of this chapter, agreements between the State of Arkansas and a state of the United States or the District of Columbia entered into pursuant to the Interlocal Cooperation Act, § 25-20-101 et seq., shall confer status of an employee for purposes of this chapter on persons acting pursuant to such agreement.
(c) For purposes of this chapter, persons acting individually or on behalf of charitable organizations, other than motor carriers as defined by § 23-13-203(a)(13), shall have the status of an employee while transporting persons as a service of the Transitional Employment Assistance Program.
(d) For purposes of this chapter, dental residents and faculty of a pediatric dentistry program in an adjoining state shall have the status of an employee while on duty and performing assigned responsibilities in a pediatric dentistry program located within a hospital dental clinic in this state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-10-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-10-305. This identifies an authority to review, not proof of applicability.