PRIA, Government Policy, Made Personal

Summary

Protects people who, acting honestly, report suspected or known child abuse or neglect, or who give information or help (including medical checks or consultations) for those reports, from being sued or prosecuted under federal law. If someone is sued or charged for reporting or helping, the court will assume they acted honestly. If they win a federal civil case, the court may award their costs and reasonable lawyer fees.

Title 34, §20342

Navy, Source: USLM XML via OLRC

(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.

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

Citations & Metadata