Immunity for Persons Who Report Child Abuse and Neglect - Mississippi

Date:

Immunity for Making Reports

Citation: Ann. Code § 43-21-355

Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor, or any other person participating in making a required report pursuant to § 43-21-353 shall be presumed to be acting in good faith.

Any person or institution reporting in good faith shall be immune from any civil or criminal liability that might otherwise be incurred or imposed.

Additional Provisions of Immunity

Citation: Ann. Code §§ 43-21-355; 43-15-51

Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor, or any other person participating in an investigation, evaluation, or judicial proceeding resulting from a report shall be presumed to be acting in good faith. Any person or institution reporting or participating in an investigation, evaluation, or judicial proceeding resulting from the report in good faith shall be immune from any civil or criminal liability that might otherwise be incurred or imposed.

A child advocacy center or a member of the multidisciplinary team is not liable for civil damages while acting within the scope of official team duties if the center or member, in good faith, refers a report of alleged child abuse for investigation, conducts an investigation, makes an investigative judgment or disposition, or releases or uses information for the purpose of protecting a child. The limitation of civil liability does not apply if a child advocacy center or multidisciplinary team member is not acting in good faith. The limitation of liability provided by this subsection for a child advocacy center or member of the multidisciplinary team shall only apply when the child advocacy center or the member is acting on behalf of or within the scope of duties for the multidisciplinary team as described in this section.

Limitations to Immunity

This issue is not addressed in the statutes reviewed.