Pub. L. 115-424, sec. 3 (as amended)

IMMUNITY PROTECTIONS FOR REPORTERS OF CHILD ABUSE.

Year: 2019Length: 276 wordsOfficial source
SEC. 3. IMMUNITY PROTECTIONS FOR REPORTERS OF CHILD ABUSE. (a) State Plans.—Section 106(b)(2)(B)(vii) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)(2)(B)(vii)) is amended to read as follows: “(vii) provisions for immunity from civil or criminal liability under State and local laws and regulations for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect;” . (b) [34 U.S.C. 20342] Federal Immunity.— (1) In general.—Notwithstanding any other provision of law, any individual making a good faith report to appropriate authorities of a suspected or known instance of child abuse or neglect, or who otherwise, in good faith, provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal prosecution, under any Federal law, rising from making such report or providing such information or assistance. (2) Presumption of good faith.—In a Federal civil action or criminal prosecution brought against a person based on the person’s reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a presumption that the person acted in good faith. (3) Costs.—If the defendant prevails in a Federal civil action described in paragraph (2), the court may award costs and reasonable attorney’s fees incurred by the defendant.
Cross-references to the US Code
34 U.S.C. 20342
Pub. L. 115-424, sec. 3 (as amended): IMMUNITY PROTECTIONS FOR REPORTERS OF CHILD ABUSE. | Justis AI