Title 34 — Crime Control and Law Enforcement
Chapter 203 — Victims of Child Abuse
§ 20342. Federal immunity
Statutory text
In general
Notwithstanding any other provision of law, any individual making a good faith report to appropriate authorities of a suspected or known instance of child abuse or neglect, or who otherwise, in good faith, provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal prosecution, under any Federal law, rising from making such report or providing such information or assistance.
Presumption of good faith
In a Federal civil action or criminal prosecution brought against a person based on the person’s reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a presumption that the person acted in good faith.
Costs
If the defendant prevails in a Federal civil action described in paragraph (2), the court may award costs and reasonable attorney’s fees incurred by the defendant.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Victims of Child Abuse Act Reauthorization Act of 2018
Pub. L. 115–424 § 3(b) · 132 Stat. 5465
Enacted · 34 U.S.C. § 20342
(Pub. L. 115–424, § 3(b), Jan. 7, 2019, 132 Stat. 5470.)
Source evidence
Code source credit
(Pub. L. 115–424, § 3(b), Jan. 7, 2019, 132 Stat. 5470.)Enacted provision · exact public law section
(b) Federal Immunity.— (1) In general.— Notwithstanding any other provision of law, any individual making a good faith report to appropriate authorities of a suspected or known instance of child abuse or neglect, or who otherwise, in good faith, provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal prosecution, under any Federal law, rising from making such report or providing such information or assistance. (2) Presumption of good faith.— In a Federal civil action or criminal prosecution brought against a person based on the person’s reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a presumption that the person acted in good faith. (3) Costs.— If the defendant prevails in a Federal civil action described in paragraph (2), the court may award costs and reasonable attorney’s fees incurred by the defendant.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was enacted as part of the Victims of Child Abuse Act Reauthorization Act of 2018, and not as part of the Victims of Child Abuse Act of 1990 which comprises this chapter.