Immunity for Reporters of Child Abuse and Neglect

1 Children s Bureau/ACYF/ | Email: | STATUTESC urrent Through September 2018 WHAT S INSIDEI mmunity for making reportsAdditional provision of immunityLimitations to immunityFull-text excerpts of State lawsTo find statute information for a particular State, go to for Reporters of Child Abuse and Neglect Among the State plan requirements for establishing eligibility for Federal grants under the Child Abuse Prevention and Treatment Act, States are required to provide Immunity from prosecution for individuals making good-faith reports of suspected or known instances of Child Abuse or Children s Bureau policy further clarifies that this requirement must be met in State For this publication, statutes regarding the provision of Immunity were collected for all States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin 42 5106a(b)(2)(B)(vii) (2016).

2 2 See the Children s Bureau Child Welfare Policy Manual, at for Reporters of Child Abuse and Neglect2 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at for Making ReportsThe information collected indicates that all States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands provide some form of Immunity from prosecution for persons who in good faith report suspected instances of Child Abuse or Neglect under the State s reporting laws. Immunity statutes protect Reporters from civil or criminal liability that they might otherwise incur. This protection is extended to both mandatory and voluntary The term good faith refers to the assumption that the reporter, to the best of his or her knowledge, had reason to believe that the Child in question was being subjected to Abuse or Neglect .

3 Even if the allegations made in the report cannot be fully substantiated, the reporter is still provided with Immunity . There is a presumption of good faith in approximately 17 States, the District of Columbia, American Samoa, and Guam, which means that the good faith of the reporter is presumed unless it can be proven to the Additional Provision of ImmunityStates may provide Immunity not only for the initial report of Abuse or Neglect but also for many of the actions that a reporter may take following the filing of a report. For example, approximately 36 States, the District of Columbia, American Samoa, and Guam provide Immunity to a reporter who participates in any judicial proceedings that may Approximately 27 States provide 3 Mandatory Reporters are persons who are required to report; voluntary Reporters are not required to report but may choose to report. For a State-by-State summary of mandatory reporting laws, see Child Welfare Information Gateway s Mandatory Reporters of Child Abuse and Neglect at 4 The word approximately is used to stress the fact that the States frequently amend their laws.

4 This information is current through September 2018. The States that provide for presumption of good faith include Colorado, Illinois, Indiana, Maine, Michigan, Mississippi, nevada , New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Wisconsin, and The States that do not provide this Immunity are Arkansas, California, Florida, Illinois, Massachusetts, Michigan, Minnesota, New York, North Dakota, Utah, Vermont, West Virginia, Wisconsin, and to a reporter for assisting with or participating in an investigation of allegations of Many States also provide Immunity for actions taken by medical practitioners in connection with making a report of suspected Child maltreatment. These actions may include the following: Taking any necessary photographs or x-rays7 Taking a Child into emergency protective custody8 Disclosing medical records or other information pertinent to a case9 Performing a medical exam on the child10 Performing medically relevant tests11 Limitations to ImmunityIn many States, Immunity from civil or criminal liability is not provided specifically in cases in which it can be shown that the person making a report acted with malice, in bad faith, or knowingly made a false Minnesota and North Dakota specifically deny Immunity from any civil or criminal penalties for mandated Reporters who fail to make required Alaska provides no Immunity for persons who knowingly make an untimely report.

5 Persons who are suspected of committing the Abuse or Neglect are not provided Immunity from prosecution in 16 Alabama, Arizona, Colorado, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Missouri, Montana, Nebraska, nevada , New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, and In 15 States (Arkansas, California, Colorado, Connecticut, Illinois, Indiana, Iowa, Maine, Missouri, nevada , New York, Pennsylvania, South Dakota, Utah, Wisconsin), American Samoa, and In 13 States (Alabama, Arkansas, Colorado, Connecticut, Delaware, Illinois, Missouri, nevada , New York, Pennsylvania, Utah, Virginia, Washington), American Samoa, and In 14 States (Arizona, Connecticut, Illinois, Indiana, Louisiana, Montana, nevada , New York, North Dakota, Pennsylvania, South Carolina, South Dakota, Tennessee, and Utah) and Puerto In four States: Connecticut, Delaware, Indiana, and In three States: Connecticut, Iowa, and Immunity is denied for acting with malice or in bad faith in 10 States: Arizona, Colorado, Idaho, Indiana, Missouri, Montana, New Mexico, Ohio, Texas, and Virginia.

6 Immunity is denied for knowingly making a false report in 10 States: California, Louisiana, Maine, Missouri, Montana, Nebraska, North Dakota, Ohio, Utah, and Since voluntary Reporters are not legally required to report, they are not subject to civil or criminal penalties for not making a Alaska, Arizona, Colorado, Connecticut, Florida, Indiana, Louisiana, Massachusetts, Minnesota, North Dakota, South Dakota, Tennessee, Texas, Vermont, Washington, and ThogTSpmogtpgbTohT20n18Ts: material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at Citation: Child Welfare Information Gateway. (2019). Immunity for Reporters of Child Abuse and Neglect . Washington, DC: Department of Health and Human Services, Children s Bureau. This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway.

7 While every attempt has been made to be complete, additional information on these topics may be in other sections of a State s code as well as agency regulations, case law, and informal practices and ThogTSpmogtpgbTohT20n18Ts: material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at Through September 2018 Citation: Ala. Code 26-14-9 Any person; firm; corporation; or official, including members of a multidisciplinary Child protection team, quality assurance team, Child death review team, or other authorized case-review team or panel, by whatever designation, participating in making a good-faith report in an investigation or case review authorized under this chapter or other law or department practice or in the removal of a Child pursuant to this chapter or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

8 AlaskaCurrent Through September 2018 Citation: Alaska Stat. Except as provided below, a person who, in good faith, makes a report under the reporting laws, permits an interview, or participates in judicial proceedings related to submission of reports is immune from civil or criminal liability that might otherwise be incurred or imposed for making the report or permitting the interview, except that a person who knowingly makes an untimely report is not immune from civil or criminal liability based on the delay in making the person accused of committing the Child Abuse or Neglect is not immune from civil or criminal liability for the Child Abuse or Neglect as a result of reporting the Child Abuse or Neglect . American SamoaCurrent Through September 2018 Citation: Ann. Code Any person participating in good faith in the preparation of a report or in a judicial proceeding held under this chapter, and any person responsible for taking photographs or x-rays, or placing temporary protective custody of a Child under this chapter, is immune from any liability, civil or criminal, that otherwise might result by reason of the reporting.

9 For the purpose of any proceedings, civil or criminal, any person reporting Child Abuse ; any person taking, or causing to be taken, photographs or x-rays; or any person who has legal authority to place a Child in protective custody is presumed to have acted in good faith. ArizonaCurrent Through September 2018 Citation: Rev. Stat. 13-3620(J) A person who furnishes a report, information, or records required or authorized under this section, or a person who participates in a judicial or administrative proceeding or investigation resulting from a report, information, or records required or authorized under this section, is immune from any civil or criminal liability by reason of that action, unless the person acted with malice or unless the person has been charged with or is suspected of abusing or neglecting the Child or children in : Rev. Stat. 8-805(A)Any person making a complaint, providing information, or otherwise participating in the program authorized by this article shall be immune from any civil or criminal liability by reason of such action, unless such person acted with malice or unless such person has been charged with or is suspected of abusing, abandoning, or neglecting the Child or children in question.

10 ThogTSpmogtpgbTohT20n18Ts: material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at Through September 2018 Citation: Ann. Code 12-18-107 A person or agency required by this chapter to report suspected Child maltreatment who acts in good faith in making a notification, taking of a photograph or radiological test, or the removal of a Child while exercising a 72-hour hold is immune to suit and to civil and criminal liability. If acting in good faith, a person making notification not named in this section is immune from liability. A publicly supported school, facility, or institution acting in good faith by cooperating with the investigative agency under this chapter shall be immune from civil and criminal liability. CaliforniaCurrent Through September 2018 Citation: Penal Code 11172(c), (d)(1)Any commercial computer technician, and any employer of any commercial computer technician, who, pursuant to a warrant from a law enforcement agency investigating a report of suspected Child Abuse or Neglect , provides the law enforcement agency with a computer or computer component that contains possible evidence of a known or suspected instance of Child Abuse or Neglect shall not incur civil or criminal liability as a result of providing that computer or computer component to the law enforcement legislature finds that even though it has provided Immunity from liability to persons required or authorized to make reports pursuant to this article, that Immunity does not eliminate the possibility that actions may be brought against those persons based upon required or authorized reports.