Immunity for Persons Who Report Child Abuse and Neglect - American Samoa

Date: January 2023

Immunity for Making Reports

Citation: Ann. Code § 45.2012

Any person participating in good faith in the preparation of a report under this chapter is immune from any civil or criminal liability that otherwise might result by reason of the reporting. For any civil or criminal proceedings, any person reporting child abuse is presumed to have acted in good faith.

Additional Provisions of Immunity

Citation: Ann. Code § 45.2012

Any person participating in good faith in a judicial proceeding held under this chapter, and any person responsible for taking photographs or x-rays or placing temporary protective custody of a child under this chapter, is immune from any civil or criminal liability that otherwise might result by reason of the reporting. For any civil or criminal proceedings, any person taking or causing to be taken photographs or x-rays or any person who has legal authority to place a child in protective custody is presumed to have acted in good faith.

Limitations to Immunity

This issue is not addressed in the statutes reviewed.