Children’s Bureau/ACYF/ACF/HHS

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State 

StatuteS

Current Through 

March 2015

Immunity for Reporters of 

Child abuse and neglect 

What’S InSIde

Immunity for making 

reports

Additional provision of 

immunity

Limitations to immunity

Full-text excerpts of 

State laws

to find statute 

information for a 

particular State, 

go to 

https://www.childwelfare.

gov/topics/systemwide/

laws-policies/state/.

To be eligible to receive Federal grants under the 

Child Abuse Prevention and Treatment Act 

(CAPTA), States are required to establish 

provisions for immunity from liability for 

individuals making good-faith reports of suspected 

or known instances of child abuse or neglect.1

1 42 U.S.C. § 5106a(b)(2)(B)(vii) (2010).
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2

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Immunity for Making Reports

All States, the District of Columbia, Puerto Rico, American 

Samoa, Guam, the Northern Mariana Islands, and the U.S. 

Virgin Islands provide some form of immunity from liability 

for persons who in good faith report suspected instances 

of child abuse or neglect under the 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 reporters.2

2 Mandatory reporters are persons who are required to report; voluntary 

reporters are not required to report but may choose to report. For a Stateby-State summary of mandatory reporting laws, see Information Gateway’s 

Mandatory Reporters of Child Abuse and Neglect at https://www.childwelfare.

gov/topics/systemwide/laws-policies/statutes/manda/. 

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. 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 contrary.3

3 The word “approximately” is used to stress the fact that the States 

frequently amend their laws. This information is current through March 2015. 

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 Wyoming.

additional Provision of Immunity

States 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 arise.4

4 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 Wyoming.

 Approximately 26 States provide immunity 

to a reporter for assisting with or participating in an 

investigation of allegations of maltreatment.5

5 Alabama, Arizona, Colorado, Illinois, 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 Wisconsin.

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:

 Taking any necessary photographs or x-rays6

6 In 14 States (Arkansas, California, Colorado, Illinois, Indiana, Iowa, Maine, 

Missouri, Nevada, New York, Pennsylvania, South Dakota, Utah, Wisconsin), 

American Samoa, and Guam.

 Taking a child into emergency protective custody7

7 In 12 States (Alabama, Arkansas, Colorado, Delaware, Illinois, Missouri, 

Nevada, New York, Pennsylvania, Utah, Virginia, Washington), American Samoa, 

and Guam.

 Disclosing medical records or other information 

pertinent to a case8

8 In 12 States (Arizona, Illinois, Louisiana, Montana, Nevada, New York, North 

Dakota, Pennsylvania, South Carolina, South Dakota, Tennessee, and Utah) and 

Puerto Rico.

 Performing a medical exam on the child9

9 In three States: Delaware, Indiana, and Wisconsin.

 Performing medically relevant tests10

10 In two States: Iowa and Nevada.

Limitations to Immunity

In 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 report.11

11 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. Immunity is denied for knowingly making a false report in 

10 States: California, Louisiana, Maine, Missouri, Montana, Nebraska, North 

Dakota, Ohio, Utah, and Washington.

 Minnesota 

and North Dakota specifically deny immunity from any 

civil or criminal penalties for mandated reporters who fail 

to make required reports. Alaska provides no immunity 

for persons who knowingly make an “untimely report.” 

Persons who are suspected of committing the abuse or 

neglect are not provided immunity from prosecution in 16 

States.12

12 Alaska, Arizona, Colorado, Connecticut, Florida, Indiana, Louisiana, 

Massachusetts, Minnesota, North Dakota, South Dakota, Tennessee, Texas, 

Vermont, Washington, and Wisconsin.
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This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/immunity/.

This publication is a product of the State Statutes 

Series prepared by Child Welfare Information 

Gateway. 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 procedures.

Suggested Citation: 

Child Welfare Information Gateway. (2016). Immunity for 

reporters of child abuse and neglect. Washington, DC: 

U.S. Department of Health and Human Services, Children’s 

Bureau.

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alabama

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.

Alaska Stat. § 47.17.050 

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 report.

A 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 Samoa

Ann. Code § 45.2012 

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. 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. 

arizona

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 question.

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.

arkansas

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.

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California

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 agency.

The 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. In order to further limit the financial hardship that those persons may incur as a result of 

fulfilling their legal responsibilities, it is necessary that they not be unfairly burdened by legal fees incurred in defending those 

actions. Therefore, a mandated reporter may present a claim to the California Victim Compensation and Government Claims 

Board for reasonable attorney’s fees and costs incurred in any action against that person on the basis of making a report required 

or authorized by this article, if the court has dismissed the action upon a demurrer or motion for summary judgment made by that 

person, or, if he or she prevails in the action. The California Victim Compensation and Government Claims Board shall allow that 

claim if the requirements of this subdivision are met, and the claim shall be paid from an appropriation to be made for that purpose. 

Attorney’s fees awarded pursuant to this section shall not exceed an hourly rate greater than the rate charged by the Attorney 

General of the State of California at the time the award is made and shall not exceed an aggregate amount of $50,000.

Penal Code § 11172(a), (b) 

No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall 

apply even if the mandated reporter acquired the knowledge or reasonable suspicion of child abuse or neglect outside of his or her 

professional capacity or outside the scope of his or her employment. Any other person reporting a known or suspected instance 

of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by this article, unless it can be 

proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth 

or falsity of the report, and any person who makes a report of child abuse or neglect known to be false, or with reckless disregard of 

the truth or falsity of the report, is liable for any damages caused. No person required to make a report pursuant to this article, nor 

any person taking photographs at his or her direction, shall incur any civil or criminal liability for taking photographs of a suspected 

victim of child abuse or neglect, or causing photographs to be taken of a suspected victim of child abuse or neglect, without 

parental consent, or for disseminating the photographs, images, or material with the reports required by this article. However, this 

section shall not be construed to grant immunity from this liability with respect to any other use of the photographs.

Any person who, pursuant to a request from a government agency investigating a report of suspected child abuse or neglect, 

provides the requesting agency with access to the victim of a known or suspected instance of child abuse or neglect shall not incur 

civil or criminal liability as a result of providing that access.

Colorado

Rev. Stat. § 19-3-309

Any person, other than the perpetrator, complicitor, coconspirator, or accessory, who participates in good faith in making a report 

pursuant to the reporting laws, the facilitation of the investigation of such a report or a judicial proceeding resulting therefrom, the 

taking of photographs or x-rays, the placing in temporary protective custody of a child, or otherwise performing his or her duties or 

acting pursuant to law, shall be immune from any civil or criminal liability or termination of employment that otherwise might result 

by reason of such acts of participation, unless a court of competent jurisdiction determines that such person’s behavior was willful, 

wanton, and malicious.

For the purpose of any proceedings, civil or criminal, the good faith shall be presumed of any such person reporting child abuse, any 

such person taking photographs or x-rays, and any such person who has legal authority to place a child in protective custody.

Connecticut

Gen. Stat. § 17a-101e(b) 

Any person, institution, or agency that in good faith makes, or in good faith does not make, a report shall be immune from any 

liability, civil or criminal, that might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial 

proceeding that results from such report, provided such person did not perpetrate or cause such abuse or neglect.

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delaware

Ann. Code Tit. 16, § 908(a) 

Anyone participating in good faith in the making of a report or notifying police officers pursuant to this chapter; performing a 

medical examination without the consent of those responsible for the care, custody and control of a child pursuant to § 906(e)(7) of 

this title; or exercising emergency protective custody in compliance with § 907 of this title, shall have immunity from any liability, civil 

or criminal, that might otherwise exist, and such immunity shall extend to participation in any judicial proceeding resulting from the 

above actions taken in good faith. 

This section shall not limit the liability of any health-care provider for personal injury claims due to medical negligence that occurs as 

a result of any examination performed pursuant to § 906(e)(3) of this title.

district of Columbia

Ann. Code § 4-1321.04 

Any person, hospital, or institution participating in good faith in making a report pursuant to the reporting laws shall have immunity 

from liability, civil or criminal, that might otherwise be incurred or imposed with respect to making the report. Any such participation 

shall have the same immunity with respect to participation in any judicial proceeding involving the report. 

In all civil or criminal proceedings concerning the child or resulting from the report, good faith shall be presumed unless rebutted.

Florida

Ann. Stat. § 39.203(1)

Any person, official, or institution participating in good faith in any act authorized or required by the reporting laws or reporting in 

good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency shall be immune 

from any civil or criminal liability that might otherwise result by reason of such action.

Nothing contained in the reporting laws shall be deemed to grant immunity, civil or criminal, to any person suspected of having 

abused, abandoned, or neglected a child, or committed any illegal act upon or against a child.

Georgia

Ann. Code § 19-7-5(f) 

Any person or persons, partnership, firm, corporation, association, hospital, or other entity participating in making a report, or 

causing a report to be made, to a child welfare agency providing protective services or to an appropriate police authority pursuant 

to the reporting laws or any other law or participating in any judicial proceeding or any other proceeding resulting therefrom, shall, 

in so doing, be immune from any civil or criminal liability that might otherwise be incurred or imposed, provided such participation is 

made in good faith. 

Any person making a report, whether required by reporting laws or not, shall be immune from liability.

Guam

Ann. Code Tit. 19, § 13206 

Any person, hospital, institution, school, facility, or agency participating in good faith in making a report or testifying in any 

proceeding arising out of an instance of suspected child abuse or neglect, the taking of photographs, or the removal or keeping of 

a child pursuant to § 13302 of the Child Protective Act, shall have immunity from any liability, civil or criminal, that might otherwise 

result by reason of such actions.

For the purpose of any proceeding, civil or criminal, the good faith of any person required to report cases of child abuse or neglect 

pursuant to law shall be presumed. 

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hawaii

Rev. Stat. § 350-3

Anyone participating in good faith in making a report pursuant to the reporting laws shall have immunity from any civil or criminal 

liability that might otherwise be incurred, imposed by, or result from making the report. Any such participant shall have the same 

immunity with respect to participation in any judicial proceeding resulting from such report.

Any individual who assumes a duty or responsibility pursuant to statute shall have immunity from civil liability for acts or omissions 

performed within the scope of the individual’s duty or responsibility.

Idaho

Idaho Code § 16-1606 

Any person who has reason to believe that a child has been abused, abandoned, or neglected, and acting upon that belief makes a 

report of abuse, abandonment, or neglect as required by the reporting laws, shall have immunity from any liability, civil or criminal, 

that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any 

judicial proceeding resulting from such report. 

Any person who reports in bad faith or with malice shall not be protected by this section.

Illinois

Comp. Stat. Ch. 325, § 5/9 

Any person, institution, or agency that, under the reporting laws, participates in good faith in making a report or referral; the 

investigation of such a report or referral; taking photographs and x-rays; retaining a child in temporary protective custody; or making 

a disclosure of information concerning reports of child abuse and neglect in compliance with chapter 325, §§ 5/4, 5/4.2, or 5/11.1, 

as it relates to disclosure by school personnel—and except in cases of willful or wanton misconduct—shall have immunity from any 

liability, civil or criminal, that otherwise might result by reason of such actions.

For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or who are permitted 

to report, cases of suspected child abuse or neglect shall be presumed. For purposes of this section ‘child abuse and neglect’ 

includes abuse or neglect of an adult resident as defined in this act. 

Indiana

Ann. Code § 31-33-6-3 

A person who makes a report that a child may be a victim of child abuse or neglect or assists in any requirement of the reporting laws 

is presumed to have acted in good faith. 

Ann. Code § 31-33-6-1 

Except as provided in § 31-33-6-2, a person, other than a person accused of child abuse or neglect, who makes or causes to be 

made a report of a child who may be a victim of child abuse or neglect; is a health-care provider and detains a child for purposes of 

causing photographs, x-rays, or a physical medical examination to be made; makes any other report of a child who may be a victim of 

child abuse or neglect; or participates in any judicial or other proceeding resulting from a report that a child may be a victim of child 

abuse or neglect or relating to the subject matter of the report, is immune from any civil or criminal liability that might otherwise be 

imposed because of such actions.

Ann. Code § 31-33-6-2 

Immunity does not attach for a person who has acted maliciously or in bad faith. 

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Iowa

Ann. Code § 232.73 

A person participating in good faith in making a report, taking photographs or x-rays; performing a medically relevant test; or aiding 

and assisting in an investigation of a child abuse report pursuant to the reporting laws shall have immunity from any civil or criminal 

liability that might otherwise be incurred or imposed. The person shall have the same immunity with respect to participation in good 

faith in any judicial proceeding resulting from the report or relating to the subject matter of the report.

A ‘medically relevant test’ is a test that produces reliable results of exposure to cocaine, heroin, amphetamine, methamphetamine, 

other illegal drugs, or combinations or derivatives of the illegal drugs, including a drug urine screen test.

Kansas

Ann. Stat. § 38-2223(f) 

Anyone who, without malice, participates in making a report to the secretary [of Social and Rehabilitation Services] or a law 

enforcement agency that relates to a suspicion that a child may be a child in need of care, or who participates in any activity or 

investigation relating to the report, or who participates in any judicial proceeding resulting from the report, shall have immunity from 

any civil liability that might otherwise be incurred or imposed.

Kentucky

Rev. Stat. § 620.050(1)-(2) 

Anyone acting upon reasonable cause in the making of a report or acting under §§ 620.030 to 620.050 in good faith shall have 

immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same 

immunity with respect to participation in any judicial proceeding resulting from such report or action.

Any employee or designated agent of a children’s advocacy center shall be immune from any civil liability arising from performance 

within the scope of the person’s duties as provided in §§ 620.030 to 620.050. Any such person shall have the same immunity with 

respect to participation in any judicial proceeding. Nothing in this subsection shall limit liability for negligence. Upon the request 

of an employee or designated agent of a children’s advocacy center, the Attorney General shall provide for the defense of any civil 

action brought against the employee or designated agent.

Louisiana

Children’s Code art. 611 

No cause of action shall exist against any: 

• Person who in good faith makes a report, cooperates in any investigation arising as a result of such report, or participates in

judicial proceedings authorized under the provisions of this chapter

• Caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses

information contained in the central registry for the purpose of protecting a child

Such individuals shall have immunity from civil or criminal liability that otherwise might be incurred or imposed. 

This immunity shall not be extended to:

• Any alleged principal, conspirator, or accessory to an offense involving the abuse or neglect of the child

• Any person who makes a report known to be false or with reckless disregard for the truth of the report

Maine

Rev. Stat. Tit. 22, § 4014

A person, including an agent of the department, participating in good faith in reporting under the reporting laws or participating 

in a related child protection investigation or proceeding, including, but not limited to, a multidisciplinary team, out-of-home abuse 

investigating team, or other investigating or treatment team, is immune from any criminal or civil liability for the act of reporting or 

participating in the investigation or proceeding.

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Good faith does not include instances when a false report is made and the person knows the report is false. Nothing in this 

section may be construed to bar criminal or civil action regarding perjury or regarding the abuse or neglect that led to a report, 

investigation, or proceeding.

A person participating in good faith in taking photographs or x-rays pursuant to the reporting laws is immune from civil liability for 

invasion of privacy that might otherwise result from these actions.

In a proceeding regarding immunity from liability, there shall be a rebuttable presumption of good faith.

Maryland

Fam. Law § 5-708 

Any person who makes or participates in making a report of abuse or neglect under §§ 5-704, 5-705, or 5-705.1 or participates in an 

investigation or a resulting judicial proceeding, shall have immunity from civil liability or criminal penalty.

Massachusetts

Gen. Laws Ch. 119, § 51A(g) 

No mandated reporter shall be liable in any civil or criminal action for filing a report under this section or for contacting local law 

enforcement authorities or the child advocate, if the report or contact was made in good faith, was not frivolous, and the reporter 

did not cause the abuse or neglect. No other person filing a report under this section shall be liable in any civil or criminal action 

by reason of the report if it was made in good faith and if that person did not perpetrate or inflict the reported abuse or cause the 

reported neglect. Any person filing a report under this section may be liable in a civil or criminal action if the department or a district 

attorney determines that the person filing the report may have perpetrated or inflicted the abuse or caused the neglect.

Michigan

Comp. Laws Ann. § 722.625 

A person acting in good faith who makes a report, cooperates in an investigation, or assists in any other requirement pursuant to the 

reporting laws is immune from civil or criminal liability that might otherwise be incurred by that action.

A person making a report or assisting in any other requirement of the reporting laws is presumed to have acted in good faith. 

This immunity from civil or criminal liability extends only to acts done according to the reporting laws and does not extend to a 

negligent act that causes personal injury or death, or to the malpractice of a physician that results in personal injury or death. 

Minnesota

Ann. Stat. § 626.556, Subd. 4

The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in 

good faith:

• Any person making a voluntary or mandated report under the reporting laws or assisting in an assessment

• Any person with responsibility for performing duties under this section; a supervisor employed by a local welfare agency; or

the commissioner of an agency responsible for operating or supervising a licensed or unlicensed day care facility, residential

facility, agency, hospital, sanitarium, or other facility or institution required to be licensed, a school, or a nonlicensed personal

care provider organization

• A representative or employee of any public or private school or facility who permits access by a local welfare agency, the

Department of Education, or local law enforcement agency and assists in an investigation or assessment

A person who is a supervisor or person with responsibility for performing duties under this section who is employed by a local 

welfare agency, the commissioner of human services, or the commissioner of education complying with the reporting laws or any 

related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person’s actions 

if the person is (1) acting in good faith and exercising due care or (2) acting in good faith and following the information collection 

procedures established by law.

This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical 

abuse, or sexual abuse of a child.

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Mississippi

Ann. Code § 43-21-355 

Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection 

specialist, child care giver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic 

school employee, licensed professional counselor, or any other person participating in making a required report pursuant to the 

reporting laws or participating in a judicial proceeding resulting therefrom shall be presumed to be acting in good faith. 

Any person or institution reporting in good faith shall be immune from any civil or criminal liability that might otherwise be incurred 

or imposed.

Missouri

Rev. Stat. § 210.135 

Any person, official, or institution complying with the provisions of the reporting laws in making a report; taking color photographs 

and/or making radiologic examinations; removing or retaining a child pursuant to statute; or cooperating with the division or any 

other law enforcement agency, juvenile office, court, or child protective service agency of this or any other State; in any activities 

pursuant to statute or any other allegation of child abuse, neglect, or assault shall have immunity from any liability, civil or criminal, 

that otherwise might result by reason of such actions.

However, any person, official, or institution intentionally filing a false report, or acting in bad faith or with ill intent, shall not have 

immunity from any liability, civil or criminal. Any such person, official, or institution shall have the same immunity with respect to 

participation in any judicial proceeding resulting from the report.

Any person who is not a school district employee who makes a report of child abuse by a school employee to any employee of the 

school district shall have immunity from any liability, civil or criminal, that otherwise might result because of such report. Any such 

person who makes a false report while knowing that the report is false, or who acts in bad faith or with ill intent in making such 

report, shall not have immunity from any liability, civil or criminal. Any such person shall have the same immunity with respect to 

participation in any judicial proceeding resulting from the report.

Montana

Ann. Code § 41-3-203(1)

Anyone investigating or reporting any incident of child abuse or neglect, participating in resulting judicial proceedings, or furnishing 

hospital or medical records pursuant to the reporting laws, is immune from any civil or criminal liability that might otherwise be 

incurred or imposed, unless the person was grossly negligent, acted in bad faith or with malicious purpose, or provided information 

knowing the information to be false.

Rev. Stat. § 28-716 

Any person participating in an investigation or making a report of child abuse or neglect required by § 28-711 or participating in 

a judicial proceeding resulting therefrom shall be immune from any civil or criminal liability that might otherwise be incurred or 

imposed, except for maliciously false statements.

nevada

Rev. Stat. § 432B.160 

Except as otherwise provided below, immunity from civil or criminal liability extends to every person who in good faith:

• Makes a report pursuant to the reporting laws

• Conducts an interview or allows an interview to be taken

• Allows or takes photographs or x-rays

• Causes a medical test to be performed

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• Provides a record, or a copy of a record, of a medical test to an agency that provides child welfare services to the child, a law

enforcement agency that participated in the investigation of the report made pursuant to § 432B.220, or the prosecuting

attorney’s office

• Holds a child pursuant to § 432B.400 [pertaining to the temporary detention of a child by a physician], takes possession of a

child pursuant to § 432B.630 [pertaining to the delivery of a newborn child to a provider of emergency services], or places a

child in protective custody

• Performs any act pursuant to § 432B.630(2)

• Refers a case or recommends the filing of a petition pursuant to § 432B.380 [pertaining to the referral of a case to a district

attorney for criminal prosecution]

• Participates in a judicial proceeding resulting from a referral or recommendation

The provisions above do not confer any immunity from liability for the negligent performance of any act pursuant to § 432B.630. 

In any proceeding to impose liability against a person for making a report pursuant to the reporting laws or performing any of the 

actions listed above, there is a presumption that a person acted in good faith. 

new hampshire

Rev. Stat. § 169-C:31

Anyone participating in good faith in making a report pursuant to the reporting laws is immune from any civil or criminal liability 

that might otherwise be incurred or imposed. Any such participant has the same immunity with respect to participation in any 

investigation by the Division for Children, Youth, and Families or judicial proceeding resulting from such report.

new Jersey

Ann. Stat. § 9:6-8.13 

Anyone acting pursuant to the reporting laws in making a report under the reporting laws shall have immunity from any civil or 

criminal liability that might otherwise be incurred or imposed. Any such person shall have the same immunity with respect to 

testimony given in any judicial proceeding resulting from such report.

new Mexico

Ann. Stat. § 32A-4-5(B) 

Anyone reporting an instance of alleged child neglect or abuse, or participating in a judicial proceeding brought as a result of a 

report required by the reporting laws, is presumed to be acting in good faith and shall be immune from liability, civil or criminal, that 

might otherwise be incurred or imposed by the law, unless the person acted in bad faith or with malicious purpose.

new York

Soc. Serv. Law § 419

Any person, official, or institution participating in good faith in making a report, the taking of photographs, or the removal or 

keeping of a child pursuant to this title, or the disclosure of Child Protective Services information in compliance with child reporting 

laws, shall have immunity from any civil or criminal liability that might otherwise result by reason of such actions.

For the purpose of any civil or criminal proceeding, the good faith of any such person, official, or institution required to report cases 

of child abuse or maltreatment or providing a reporting procedure service shall be presumed—provided that person, official, or 

institution was acting in the discharge of their duties and within the scope of their employment, and that such liability did not result 

from the willful misconduct or gross negligence of such person, official, or institution.

Immunity for Reporters of Child Abuse and Neglect 
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north Carolina

Gen. Stat. § 7B-309

Anyone who makes a report pursuant to the reporting laws, cooperates with the county Department of Social Services in a protective 

services assessment, testifies in any judicial proceeding resulting from a protective services report or assessment, or otherwise 

participates in the program authorized by law is immune from any civil or criminal liability that might otherwise be incurred or 

imposed for such action, provided that the person was acting in good faith.

In any proceeding involving liability, good faith is presumed.

north dakota

Cent. Code § 50-25.1-09 

Any person, other than the alleged violator, participating in good faith in making a report, assisting in an investigation or assessment, 

furnishing information, in providing protective services, or who is a member of the child fatality review panel is immune from any 

civil or criminal liability—except for criminal liability as provided for under penalties for failure to report and false reporting—that 

otherwise might result from reporting the alleged case of abuse, neglect, or death resulting from child abuse or neglect.

For the purpose of any civil or criminal proceeding, the good faith of any person who is required to report cases of child abuse, 

neglect, or death must be presumed.

northern Mariana Islands

Commonwealth Code Tit. 6, § 5314 

Any person making a good faith report shall be immune from civil or criminal liability that might otherwise arise from such action.

Ohio

Rev. Code § 2151.421(G)(1)(a) & (2)(b) 

Except as provided in the law regarding false reports, anyone or any hospital, institution, school, health department, or agency 

participating in the making of reports under § 2151.421(A); anyone or any hospital, institution, school, health department, or agency 

participating in good faith in making reports under § 2151.421(B); and anyone participating in good faith in a judicial proceeding 

resulting from the reports shall be immune from any civil or criminal liability for injury, death, or loss to person or property that 

otherwise might be incurred or imposed as a result of making the reports or the participating in the judicial proceeding.

In any civil or criminal action or proceeding in which it is alleged and proved that participation in making a report under this section 

was not in good faith, or that participation in a judicial proceeding resulting from a report made under this section was not in good 

faith, the court shall award the prevailing party reasonable attorney’s fees and costs. If a civil action or proceeding is voluntarily 

dismissed, the court may award reasonable attorney’s fees and costs to the party against whom the civil action or proceeding is 

brought. 

Oklahoma

Ann. Stat. Tit. 10A, § 1-2-104

Any person who, in good faith and exercising due care, reports suspected child abuse or neglect, or who allows access to a child 

by persons authorized to investigate a report concerning the child, shall have immunity from any liability, civil or criminal, that might 

otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial 

proceeding resulting from such report.

For purposes of any proceeding, civil or criminal, the good faith of any person in making a report pursuant to the provisions of § 

1-2-101 of this title shall be presumed.

A child advocacy center that is accredited by the National Children’s Alliance, and the employees thereof, who are acting in good 

faith and exercising due care shall have immunity from civil liability that may be incurred or imposed through participation in the 

investigation process and any judicial proceeding resulting from the investigation process.

Immunity for Reporters of Child Abuse and Neglect 
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Oregon

Rev. Stat. § 419B.025

Anyone participating in good faith in making a report of child abuse and who has reasonable grounds for the making thereof shall 

have immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making or content 

of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting 

from such report. 

Pennsylvania

Cons. Stat. Ch. 23, § 6318

A person, hospital, institution, school, facility, agency or agency employee acting in good faith shall have immunity from civil and 

criminal liability that might otherwise result from any of the following:

• Making a report of suspected child abuse or making a referral for general protective services, regardless of whether the report

is required to be made under this chapter

• Cooperating or consulting with an investigation under this chapter, including providing information to a child fatality or nearfatality review team

• Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services

• Engaging in any action authorized under § 6314 (relating to photographs, medical tests, and x-rays of a child subject to

report), § 6315 (relating to taking child into protective custody), § 6316 (relating to admission to private and public hospitals), or

§ 6317 (relating to mandatory reporting and postmortem investigation of deaths)

An official or employee of the department or county agency who refers a report of suspected child abuse for general protective 

services to law enforcement authorities or provides services as authorized by this chapter shall have immunity from civil and criminal 

liability that might otherwise result from the action.

For the purpose of any civil or criminal proceeding, the good faith of a person required to report pursuant to § 6311 (relating to 

persons required to report suspected child abuse) and of any person required to make a referral to law enforcement officers under 

this chapter shall be presumed.

Puerto Rico

Ann. Laws Tit. 8, § 446(c) 

Information provided in good faith by any persons, officials, or institutions bound to report situations of abuse, institutional abuse, 

neglect, and/or institutional neglect of minors, as set forth in this chapter, may not be used against them in any civil or criminal 

procedure that may be initiated as a result of said action. Nor may the information so reported by school and hospital employees 

and by law enforcement officers, who are obliged to allow the department’s intervention pursuant to the provisions of this section, 

be used against them.

Rhode Island

Gen. Laws § 40-11-4 

Any person participating in good faith in making a report pursuant to the reporting laws shall have immunity from any civil or criminal 

liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation 

in any judicial proceeding resulting from the report.

South Carolina

Ann. Code § 63-7-390 

A person required or permitted to report pursuant to the reporting laws, or who participates in an investigation or judicial 

proceedings resulting from the report, who is acting in good faith, is immune from civil and criminal liability that might otherwise 

result by reason of these actions. In all such civil or criminal proceedings, good faith is rebuttably presumed.

Immunity extends to full disclosure by the person of facts that gave the person reason to believe that the child’s physical or mental 

health or welfare had been or might be affected adversely by abuse or neglect.

Immunity for Reporters of Child Abuse and Neglect 
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South dakota

Codified Laws § 26-8A-14 

Any person or party participating in good faith in making a report or submitting copies of medical examination, treatment, or 

hospitalization records pursuant to the reporting laws is immune from any liability, civil or criminal, that might otherwise be incurred 

or imposed and has the same immunity for participation in any judicial proceeding resulting from the report.

Immunity also extends in the same manner to persons requesting the taking of photographs and x-rays pursuant to the reporting 

laws, to persons taking the photographs and x-rays, to child protection teams established by the Secretary of Social Services, to 

public officials or employees involved in the investigation and treatment of child abuse or neglect or making a temporary placement 

of the child pursuant to this chapter, or to any person who in good faith cooperates with a child protection team or the Department 

of Social Services in an investigation, placement, or treatment plan.

The provisions of this section or any other section granting or allowing the grant of immunity do not extend to any person alleged to 

have committed an act or acts of child abuse or neglect. 

tennessee

Ann. Code § 37-1-410(a)(5)(B), (6)-(8) 

Because of the overriding public policy to encourage all persons to report the neglect, harm, or abuse of children, any person upon 

whom good faith immunity is conferred shall be presumed to have acted in good faith in making a report of harm.

No immunity conferred pursuant to this subsection shall attach if the person reporting the harm perpetrated or inflicted the abuse or 

caused the neglect.

A person furnishing a report, information, or records as required, requested, or authorized under this part shall have the same 

immunity and the same scope of immunity with respect to testimony that person may be required to give or may give in any judicial 

or administrative proceeding or in any communications with the department or any law enforcement official as is otherwise conferred 

upon the person for making the report of harm by this subsection.

If the person furnishing a report, information, or records during the normal course of the person’s duties as required, authorized, 

or requested under this part is different from the person originally reporting the harm, then the person furnishing the report, 

information, or records shall have the same immunity with respect to any testimony the person may be required to give or may give 

in any judicial or administrative proceeding or in any communications with the department or any law enforcement official as is 

otherwise conferred upon the person who made the original report of harm by this subsection.

Ann. Code § 37-1-410(a)(1), (4), (5)(A) 

If a health-care provider makes a report of harm as required by § 37-1-403, and if the report arises from an examination of the 

child performed by the health-care provider in the course of rendering professional care or treatment of the child, or if the healthcare provider, who is highly qualified by experience in the field of child abuse and neglect as evidenced by special training or 

credentialing, renders a second opinion at the request of the department or any law enforcement agency, whether or not the healthcare provider has examined the child, rendered care or treatment, or made the report of harm, then the health-care provider shall 

not be liable in any civil or criminal action that is based solely upon:

• The health-care provider’s decision to report what the provider believed to be harm

• The health-care provider’s belief that reporting the harm was required by law

• The fact that a report of harm was made

• The fact that the second opinion was requested and provided

Nothing in this subsection shall be construed to confer any immunity upon a health-care provider for a criminal or civil action arising 

out of the treatment of the child about whom the report of harm was made.

If absolute immunity is not conferred upon a person pursuant to the subdivision above, and if, acting in good faith, the person makes 

a report of harm, as required by § 37-1-403, then the person shall not be liable in any civil or criminal action that is based solely upon:

• The person’s decision to report what the person believed to be harm

• The person’s belief that reporting the harm was required by law

• The fact that a report of harm was made

Immunity for Reporters of Child Abuse and Neglect 
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texas

Family Code § 261.106

A person acting in good faith who reports or assists in the investigation of a report of alleged child abuse or neglect, or who testifies 

or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect, is 

immune from civil or criminal liability that might otherwise be incurred or imposed.

Immunity from civil and criminal liability extends to an authorized volunteer of the Department of Human Services or a law 

enforcement officer who participates at the request of the department in an investigation of alleged or suspected abuse or neglect 

or in an action arising from an investigation if the person was acting in good faith and in the scope of the person’s responsibilities.

A person who reports the person’s own abuse or neglect of a child or who acts in bad faith or with malicious purpose in reporting 

alleged child abuse or neglect is not immune from civil or criminal liability.

Ann. Code § 62A-4a-410(1)-(3) 

Except as provided below, any person, official, or institution participating in good faith in making a report, taking photographs or 

x-rays, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective 

custody pursuant to this part, is immune from any liability, civil or criminal, that otherwise might result by reason of those actions.

This section does not provide immunity with respect to acts or omissions of a governmental employee except as provided in Title 

63G, Chapter 7, Governmental Immunity Act of Utah.

The immunity described above does not apply if the person, official, or institution:

• Acted or failed to act through fraud or willful misconduct

• Intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony

material to the issue or matter of inquiry in a judicial or administrative proceeding

• Intentionally or knowingly fabricated evidence or, except as provided in § 62A-4a-410(4), with a conscious disregard for the

rights of others, failed to disclose evidence that:

» Was known to the person, official, or institution

» Was known by the person, official, or institution to be relevant to a material issue or matter of inquiry in a pending judicial 

or administrative proceeding if the person, official, or institution knew of the pending judicial or administrative proceeding

» Was known by the person, official, or institution to be relevant to a material issue or matter of inquiry in a judicial or 

administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or 

counsel for a party to the proceeding 

Ann. Code § 62A-4a-410(4) 

Immunity is not lost under § 62A-4a-410 if the person, official, or institution:

• Failed to disclose evidence because the person, official, or institution is prohibited by law from disclosing the evidence

• Pursuant to the provisions of 45 Code of Federal Regulation 164.502(g)(5) [pertaining to the disclosure of protected health

information], refused to disclose evidence to a person who requested the evidence

• After refusing to disclose the evidence described above, complied with or responded to a valid court order or valid subpoena

received by the person, official, or institution to disclose the evidence

Vermont

Ann. Stat. Tit. 33, § 4913(d)(1) 

Any person, other than a person suspected of child abuse, who in good faith makes a report to the department, shall be immune 

from any civil or criminal liability that might otherwise be incurred or imposed as a result of making a report.

Virgin Islands

Ann. Code Tit. 5, § 2537 

Any person, official, or institution participating in good faith in any act permitted or required by this subchapter shall be immune 

from any civil or criminal liability that otherwise might result by reason of such actions.

Immunity for Reporters of Child Abuse and Neglect 
https://www.childwelfare.gov

Virginia

Ann. Code § 63.2-1512

Any person who makes a report or complaint pursuant to the reporting laws, takes a child into custody pursuant to law, or 

participates in a judicial proceeding resulting therefrom shall be immune from any civil or criminal liability in connection therewith, 

unless it is proven that such person acted in bad faith or with malicious intent.

Washington

Rev. Code § 26.44.060(1)-(2), (5) 

Any person participating in good faith in making a report pursuant to the reporting laws or testifying as to alleged child abuse or 

neglect in a judicial proceeding shall be immune from any liability arising out of such reporting or testifying.

A person convicted of knowingly making a false report shall not be immune from liability under this subsection.

An administrator of a hospital or similar institution or any licensed physician taking a child into custody pursuant to § 26.44.056 shall 

not be subject to criminal or civil liability for such taking into custody.

A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a report made 

pursuant to this chapter shall not be subject to civil liability arising out of his or her cooperation. This subsection does not apply to a 

person who caused or allowed the child abuse or neglect to occur. 

West Virginia

Ann. Code § 49-6A-6 

Any person, official, or institution participating in good faith in any act permitted or required by the reporting laws shall be immune 

from any civil or criminal liability that otherwise might result by reason of such actions.

Wisconsin

Ann. Stat. § 48.981(4) 

Any person or institution participating in good faith in making a report, conducting an investigation, ordering or taking photographs, 

or ordering or performing medical examinations of a child or an expectant mother pursuant to this section shall have immunity from 

any liability, civil or criminal, that results by reason of the action. 

For the purpose of any civil or criminal proceeding, the good faith of any person reporting under this section shall be presumed. 

The immunity provided herein does not apply to liability for abusing or neglecting a child or for abusing an unborn child.

Wyoming

Ann. Stat. § 14-3-209 

Any person, official, institution, or agency participating in good faith in any act required or permitted by the reporting laws is 

immune from any civil or criminal liability that might otherwise result by reason of the action. 

For the purpose of any civil or criminal proceeding, the good faith of any person, official, or institution participating in any act 

permitted or required by the reporting laws shall be presumed.

Immunity for Reporters of Child Abuse and Neglect 

U.S. Department of Health and Human Services 

Administration for Children and Families 

Administration on Children, Youth and Families 

Children’s Bureau