§ 19-3-309 — Immunity from liability - persons reporting

Any person, other
than the perpetrator, complicitor, coconspirator, or accessory, participating in good
faith in the making of a report, in the facilitation of the investigation of such a
report, or in a judicial proceeding held pursuant to this title, the taking of
photographs or X rays, or the placing in temporary protective custody of a child
pursuant to section 19-3-405 or otherwise performing his duties or acting pursuant
to this part 3 shall be immune from any liability, civil or criminal, 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 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 shall be presumed.

Legislative History

Source: L. 87: Entire title R&RE, p. 770, � 1, effective October 1. L. 89: Entire section amended, p. 916, � 7, effective July 1.