Federal immunity

34 U.S.C. § 20342

• Title: 34 — Crime Control and Law Enforcement
• Chapter: SUBCHAPTER IV—REPORTING REQUIREMENTS

Text

(1) In general
Notwithstanding any other provision of law, any individual making a good faith report to appropriate authorities of a suspected or known instance of child abuse or neglect, or who otherwise, in good faith, provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal prosecution, under any Federal law, rising from making such report or providing such information or assistance.
(2) Presumption of good faith
In a Federal civil action or criminal prosecution brought against a person based on the person's reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a presumption that the person acted in good faith.
(3) Costs
If the defendant prevails in a Federal civil action described in paragraph (2), the court may award costs and reasonable attorney's fees incurred by the defendant.

History

(Pub. L. 115–424, §3(b), Jan. 7, 2019, 132 Stat. 5470.)

Editorial Notes

Editorial Notes

Codification
Section was enacted as part of the Victims of Child Abuse Act Reauthorization Act of 2018, and not as part of the Victims of Child Abuse Act of 1990 which comprises this chapter.