Immunity for Persons Who Report Child Abuse and Neglect - New York

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Immunity for Making Reports

Citation: Soc. Serv. Law § 419

Any person, official, or institution participating in good faith in making a report in compliance with this chapter shall have immunity from any civil or criminal liability that might otherwise result by reason of such reporting. The good faith of any such person, official, or institution required to report cases of child abuse or maltreatment shall be presumed.

Additional Provisions of Immunity

Citation: Soc. Serv. Law § 419

Any person, official, or institution participating in good faith in taking photographs, the removal or keeping of a child pursuant to this title, or the disclosure of Child Protective Services information in compliance with child reporting laws, shall have immunity from any civil or criminal liability that might otherwise result by reason of such actions.

For the purpose of any civil or criminal proceeding, the good faith of any such person, official, or institution providing a reporting procedure service shall be presumed€”provided that person, official, or institution was acting in the discharge of their duties and within the scope of their employment.

Limitations to Immunity

Citation: Soc. Serv. Law § 419

For the purpose of any civil or criminal proceeding, the good faith of any such person, official, or institution required to report cases of child abuse or maltreatment or providing a reporting procedure service shall be presumed€”provided that such liability did not result from the willful misconduct or gross negligence of such person, official, or institution.