Immunity for Persons Who Report Child Abuse and Neglect - Pennsylvania

Date: January 2023

Immunity for Making Reports

Citation: Cons. Stat. Ch. 23, § 6318

A person, hospital, institution, school, facility, agency, or agency employee acting in good faith shall have immunity from civil and criminal liability that might otherwise result from making a report of suspected child abuse or making a referral for general protective services, regardless of whether the report is required to be made under this chapter.

An official or employee of the department or county agency who refers a report of suspected child abuse for general protective services to law enforcement authorities or provides services as authorized by this chapter shall have immunity from civil and criminal liability that might otherwise result from the action.

For any civil or criminal proceeding, the good faith of a person required to report pursuant to § 6311 (relating to persons required to report suspected child abuse) and of any person required to make a referral to law enforcement officers under this chapter shall be presumed.

Additional Provisions of Immunity

Citation: Cons. Stat. Ch. 23, § 6318

A person, hospital, institution, school, facility, agency, or agency employee acting in good faith shall have immunity from civil and criminal liability that might otherwise result from any of the following:

  • Cooperating or consulting with an investigation under this chapter, including providing information to a child fatality or near-fatality review team
  • Testifying in a proceeding arising out of an instance of suspected child abuse or general protective services
  • Engaging in any action authorized under § 6314 (relating to photographs, medical tests, and x-rays of a child subject to report), § 6315 (relating to taking child into protective custody), § 6316 (relating to admission to private and public hospitals), or § 6317 (relating to mandatory reporting and postmortem investigation of deaths)

Limitations to Immunity

This issue is not addressed in the statutes reviewed.