Can a mandatory reporter be sued or charged with a crime for making or failing to make a child abuse report?
Maybe. Situation #1: Penalties for mandatory reporters who make good faith, false or negligent reports. A mandatory reporter who makes a child abuse report in good faith cannot be sued by a parent for injury to his or her reputation.28 Good faith is presumed unless a mandatory reporter acts with willful misconduct (makes a report knowing that it is false) or gross negligence (makes a report without exercising even slight care or diligence to determine its validity).29 Although good faith mandatory reporters cannot be sued, it is unclear whether a good faith mandatory reporter who incorrectly reports suspected abuse can be charged with a crime for making a false report. New York Social Services Law immunizes good faith mandatory reporters from being charged with a crime.30 However, a conflicting New York Penal Law makes it a misdemeanor if a person makes a false report of “an alleged occurrence or condition of child abuse or maltreatment which did not in fact occur or exist” to the Stat
Related Questions
- Should a mandatory reporter file a child abuse report against the parents of a sexually active minor solely on the basis of the childs sexual activity with an older partner?
- Can a mandatory reporter be sued or charged with a crime for making or failing to make a child abuse report?
- In addition to being charged with a crime could I also be sued if I violate an under age alcohol law?
