Immunity for Persons Who Report Child Abuse and Neglect - Minnesota

Immunity for Making Reports

Citation: Ann. Stat. § 260E.34

A person is immune from any civil or criminal liability that otherwise might result from the person's actions if the person, acting in good faith, makes a voluntary or mandated report under this chapter.

Additional Provisions of Immunity

Citation: Ann. Stat. § 260E.34

The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith:

• A mandated or voluntary reporter assisting in an assessment under this chapter
• A person with responsibility for performing duties; a supervisor employed by a local welfare agency; the commissioner of an agency responsible for operating or supervising a day care facility, residential facility, hospital, sanitarium, or other facility or institution; a school; or a nonlicensed personal care provider organization complying with §§ 260E.23 and 260E.30
• A public or private school or facility or the employee of any public or private school or facility who permits access by a local welfare agency, the Department of Education, or a local law enforcement agency and assists in an investigation or assessment

A person who is a supervisor or person with responsibility for performing duties under this chapter employed by a local welfare agency, the commissioner of human services, or the commissioner of education complying with this chapter or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person€™s actions if the person is (1) acting in good faith and exercising due care or (2) acting in good faith and following the information collection procedures established under § 260E.20, subdivision 3.

Any physician or other medical personnel administering a toxicology test under § 260E.32 to determine the presence of a controlled substance in a pregnant woman, in a woman within 8 hours after delivery, or in a child at birth or during the first month of life is immune from civil or criminal liability arising from administration of the test if the physician ordering the test believes in good faith that the test is required under this section and the test is administered in accordance with an established protocol and reasonable medical practice.

Limitations to Immunity

Citation: Ann. Stat. § 260E.34

This section does not provide immunity to any person for failure to make a required report or for committing maltreatment.