§20342 — Title 34 Navy | U.S. Code

Summary

Even if other laws say otherwise, people who honestly report suspected or known child abuse, or who honestly give information or help (like medical exams or consultations) related to such a report, cannot be sued or charged under federal law for making the report or helping. If someone is sued or prosecuted in federal court for reporting or helping, the court will assume they acted honestly. If the person wins a federal civil case, the court may order the other side to pay the winner’s court costs and reasonable lawyer fees.

Title 34, §20342

Navy — Source: USLM XML via OLRC

(1)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)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)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.

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.

§20342 Federal immunity

Summary

Title 34, §20342

Notes & Related Subsidiaries

Editorial Notes

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