If the answer to both questions is yes, good faith immunity should apply. However, the answers to these questions can be very complicated and child welfare workers need to take precautions to make sure they can use the claim if they need it. Immunity is a very complicated area of law, but it is encouraging that federal courts are willing to consider granting either absolute or good faith immunity to child welfare workers carrying out their official duties. The burden is still on the individual worker to prove he or she should qualify for immunity. Child welfare workers should take steps to protect themselves in the event they are sued.
Litigation takes a great personal and financial toll.
Child welfare workers can work with their local unions to demand necessary training on proper procedures, improve staffing and reduce caseloads to protect child welfare workers and to better serve their clients.