Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

800.394.3366

Email: info@childwelfare.gov

http://www.childwelfare.gov

STATE 

STATUTES

Current Through 

December 2011

Immunity for 

Reporters of Child 

Abuse and Neglect

Electronic copies of this publication 

may be downloaded at 

http://www.childwelfare.gov/

systemwide/laws_policies/statutes/

immunity.cfm

To find statute information for a 

particular State, go to

http://www.childwelfare.gov/

systemwide/laws_policies/state/

index.cfm

To find information on all the 

States and territories, order a copy 

of the full-length PDF by calling 

800.394.3366, or download it 

at http://www.childwelfare.gov/

systemwide/laws_policies/statutes/

immunity.pdf

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.A. § 5106a(b)(2)(B)(vii) (2010).
Immunity for Reporters of Child Abuse and Neglect http://www.childwelfare.gov

2 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

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

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

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

Approximately 26 States provide immunity to a reporter for 

assisting with or participating in an investigation of allegations of 

maltreatment.5

2	 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 Information Gateway’s Mandatory Reporters of Child 

Abuse and Neglect (http://www.childwelfare.gov/systemwide/laws_policies/statutes/

manda.pdf).

3	 The word approximately is used to stress the fact that the States frequently amend

their laws. This information is current through December 2011. 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.

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.

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

3 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

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

• Taking a child into emergency protective custody7

• Disclosing medical records or other information pertinent to a 

case8

• Performing a medical exam on the child9

• Performing medically relevant tests10

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 or in “bad faith” or 

knowingly made a false report.11 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

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

Nevada, New York, Pennsylvania, South Dakota, Utah, Wisconsin), American Samoa, and

Guam.

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

York, Pennsylvania, Utah, Virginia, Washington), American Samoa, and Guam.

8	 In 11 States (Arizona, Illinois, Louisiana, Montana, Nevada, New York, North Dakota,

South Carolina, South Dakota, Tennessee, and Utah) and Puerto Rico.

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

10 In two States: Iowa and Nevada.

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.

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

Minnesota, North Dakota, South Dakota, Tennessee, Texas, Vermont, Washington, and

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

4 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

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. (2012). Immunity for 

reporters of child abuse and neglect. Washington, DC: U.S. 

Department of Health and Human Services, Children’s Bureau.
Immunity for Reporters of Child Abuse and Neglect http://www.childwelfare.gov

5 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Alabama

Ala. Code § 26-14-9 (LexisNexis through 2011 Reg. Sess.)

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

Alaska Stat. § 47.17.050 (LexisNexis through 2011 2nd Spec. Sess.)

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

A.S. Code § 45.2012 (A.S. Bar 2003)

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

Ariz. Rev. Stat. Ann. § 8-805(A) (LexisNexis through 2011 Sess.)

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.

Ariz. Rev. Stat. Ann. § 13-3620(J) (LexisNexis through 2011 Sess.)

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

6 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Arkansas

Ark. Code Ann. § 12-18-107 (LexisNexis through 2011 Reg. Sess.)

A person or agency required by this chapter to report suspected child maltreatment who acts in good faith in making 

notification, the 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. 

California

Cal. Penal Code § 11172(a), (b) (LexisNexis through 2011 Ex. Sess.)

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 law, 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 mandatory reporter, 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 with the 

reports required by law. However, this section does not grant immunity from 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 known or suspected instance of child abuse or 

neglect shall not incur civil or criminal liability as a result of providing that access. 

Colorado

Colo. Rev. Stat. Ann. § 19-3-309 (LexisNexis through 2011 Sess.)

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

7 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Connecticut

Conn. Gen. Stat. Ann. § 17a-101e(b) (LexisNexis through 2011 Supp.)

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. 

Delaware

Del. Code Ann. Tit. 16, § 908(a) (LexisNexis through 9-2-11)

Anyone participating in good faith in making a report or notifying police officers; performing a medical examination 

without the consent of those responsible for the care, custody, and control of the child; or exercising emergency 

protective custody in compliance with provisions of this chapter, shall have immunity from any liability, civil or criminal, 

that might otherwise exist, and such immunity shall extend to participation in any judicial proceedings 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 statute. 

District of Columbia

D.C. Code Ann. § 4-1321.04 (LexisNexis through 9-20-11)

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

Fla. Stat. Ann. § 39.203(1) (LexisNexis through 2011 Reg. Sess.)

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

Ga. Code Ann. § 19-7-5(f) (LexisNexis through 2011 Ex. Sess.)

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

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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Guam

Guam Code Ann. Tit. 19, § 13206 (LexisNexis through 6-6-11)

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. 

Hawaii

Haw. Rev. Stat. § 350-3 (LexisNexis through 2011 Reg. Sess.)

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 resulting 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 (LexisNexis through 2011 Reg. Sess.)

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

Ill. Comp. Stat. Ann. Ch. 325, § 5/9 (LexisNexis through 2011 Sess.)

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

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Indiana

Ind. Code Ann. § 31-33-6-2 (LexisNexis through 2011 1st Reg. Sess.)

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

Ind. Code Ann. § 31-33-6-3 (LexisNexis through 2011 1st Reg. Sess.)

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. 

Ind. Code Ann. § 31-33-6-1 (LexisNexis through 2011 1st Reg. Sess.)

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.

Iowa

Iowa Code Ann. § 232.73 (LexisNexis through 2010 Supp.)

A person participating in good faith in making a report, photographs or x rays; the performance of a medically relevant 

test pursuant to the reporting laws; 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, or other illegal drugs or combinations or derivatives of the illegal drugs, including a drug urine 

screen test. 

Kansas

Kan. Stat. Ann. § 38-2223(f) (LexisNexis through Kan. 2011 Legis. Serv., Ch. 44)

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

Ky. Rev. Stat. Ann. § 620.050(1) (LexisNexis through 2011 1st Ex. Sess.)

Anyone acting upon reasonable cause in making a report or acting 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. 
Immunity for Reporters of Child Abuse and Neglect http://www.childwelfare.gov

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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Louisiana

La. Children’s Code art. 611 (LexisNexis through 2011 Reg. Sess.)

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

Me. Rev. Stat. Ann. Tit. 22, § 4014 (LexisNexis through 2011 1st Reg. Sess.)

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.

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

Md. Code Ann. Fam. Law § 5-708 (LexisNexis through 2011 Spec. Sess.)

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

report of substantial risk of sexual abuse under § 5-704.1 of this subtitle, or participates in an investigation or a resulting 

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

Massachusetts

Mass. Gen. Laws Ann. ch. 119, § 51A(g) (LexisNexis through Mass. 2011 Legis. Serv., Ch. 178)

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

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Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Michigan

Mich. Comp. Laws Ann. § 722.625 (LexisNexis through 2011)

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 this act 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

Minn. Stat. Ann. § 626.556, Subd. 4 (LexisNexis through 2011 Spec. Sess.)

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. 

Mississippi

Miss. Code Ann. § 43-21-355 (LexisNexis through 2011 1st Ex. Sess.)

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

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Missouri

Mo. Stat. Ann. § 210.135 (LexisNexis through Mo. 2011 Legis. Serv., S.B. 5)

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

Mont. Code Ann. § 41-3-203(1) (LexisNexis through 2011 Spec. Sess.)

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. 

Nebraska

Neb. Rev. Stat. Ann. § 28-716 (LexisNexis through 2011 1st Sess.)

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

13 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Nevada

Nev. Rev. Stat. Ann. § 432B.160 (LexisNexis through 6-10-11)

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

• Provides a record, or a copy thereof, 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

N.H. Rev. Stat. Ann. § 169-C:31 (LexisNexis through 2011 Sess.)

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

N.J. Stat. Ann. § 9:6-8.13 (LexisNexis through 2011 2nd Sess.)

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

N.M. Stat. Ann. § 32A-4-5(B) (LexisNexis through 2011 1st Spec. Sess.)

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

14 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

New York

N.Y. Soc. Serv. Law § 419 (LexisNexis through 2011 Sess.)

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

North Carolina

N.C. Gen. Stat. § 7B-309 (LexisNexis through 2011 Reg. Sess.)

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

N.D. Cent. Code § 50-25.1-09 (LexisNexis through 2011 Sess.)

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

CNMI Code Tit. 6, § 5314 (2011)

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

such action. 
Immunity for Reporters of Child Abuse and Neglect http://www.childwelfare.gov

15 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Ohio

Ohio Rev. Code Ann. § 2151.421(G)(1)(a) & (2)(b) (LexisNexis through 9-19-11)

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, and 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

Okla. Stat. Ann. Tit. 10A, § 1-2-104 (LexisNexis through 11-1-11)

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. 

Oregon

Or. Rev. Stat. Ann. § 419B.025 (LexisNexis through 11-16-11)

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

Pa. Cons. Stat. Ann. Tit. 23, § 6318 (LexisNexis through 2011 Reg. Sess.)

A person, hospital, institution, school, facility, agency or agency employee that participates in good faith in making a 

report--whether required or not--cooperating with an investigation, testifying in a proceeding arising out of an instance 

of suspected child abuse, the taking of photographs or the removal or keeping of a child pursuant to § 6315 [relating to 

taking child into protective custody], and any official or employee of a county agency who refers a report of suspected 

abuse to law enforcement authorities or provides services under this chapter, shall have immunity from civil and criminal 

liability that might otherwise result by reason of those actions.

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

16 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Puerto Rico

P.R. Laws Ann. Tit. 8, § 446(c) (LexisNexis through December 2009)

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

R.I. Gen. Laws § 40-11-4 (LexisNexis through 9-16-11)

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

S.C. Code Ann. § 63-7-390 (LexisNexis through 11-21-11) 

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. 

South Dakota

S.D. Codified Laws § 26-8A-14 (LexisNexis through 2011 Reg. Sess.)

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

17 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Tennessee

Tenn. Code Ann. § 37-1-410(a)(1), (4), (5)(A) (LexisNexis through 2011 Reg. Sess.)

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 health-care 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 health-care 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

Tenn. Code Ann. § 37-1-410(a)(5)(B), (6)-(8) (LexisNexis through 2011 Reg. Sess.)

Because of the overriding public policy to encourage all persons to report the neglect of or harm or abuse to 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 by this subsection upon the person for making the report of harm.

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

or 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 and the same scope of immunity with respect 

to 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 by this subsection upon 

the person who made the original report of harm.
Immunity for Reporters of Child Abuse and Neglect http://www.childwelfare.gov

18 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Texas

Tex. Family Code Ann. § 261.106 (LexisNexis through 2011 1st Sess.) 

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. 

Utah

Utah Code Ann. § 62A-4a-410(1)-(3) (LexisNexis through 2011 3rd Spec. Sess.)

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 

Utah Code Ann. § 62A-4a-410(4) (LexisNexis through 2011 3rd Spec. Sess.)

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

19 This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information 

Gateway. Available online at http://www.childwelfare.gov/systemwide/laws_policies/statutes/immunity.cfm

Vermont

Vt. Stat. Ann. Tit. 33, § 4913(d)(1) (LexisNexis through 2011 Sess.)

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

V.I. Code Ann. Tit. 5, § 2537 (LexisNexis through 2011 Reg. Sess.)

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. 

Virginia

Va. Code Ann. § 63.2-1512 (LexisNexis through end of 2011 1st Spec. Sess.)

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

Wash. Rev. Code Ann. § 26.44.060(1)-(2), (5) (LexisNexis through 2011 1st Spec. Sess.)

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

W. Va. Code Ann. § 49-6A-6 (LexisNexis through 2011 2nd Ex. Sess.)

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

Wisconsin

Wis. Stat. Ann. § 48.981(4) (LexisNexis through 8-31-11)

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

Wyo. Stat. Ann. § 14-3-209 (LexisNexis through 2011 Reg. Sess.)

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. 

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau