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34 U.S.C. § 20342Federal immunity

submitted 7 years ago by Pub. L. 115-424 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 178 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone who reports suspected child abuse or neglect in good faith, or helps with a resulting investigation, cannot be sued or prosecuted under federal law for doing so, and courts must assume they acted in good faith.

(1) General protection. No matter what other law says, a person who makes a good-faith report of suspected or known child abuse or neglect to the right authorities — or who otherwise helps in good faith, including giving medical evaluations, with a report, investigation, or legal action based on that report — cannot be sued civilly or prosecuted criminally under any federal law because of that report or that help. (2) Presumed good faith. If someone is sued or prosecuted under federal law because they reported suspected or known abuse or neglect, or helped with such a report, the law assumes they acted in good faith. (3) Paying costs. If the person being sued wins a federal civil case brought against them under paragraph (2), the court may order the person who sued them to pay the winning defendant's costs and reasonable attorney's fees.
the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 115-424 · 132 Stat. 5470

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-424 on 2019-01-07.

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