CHC 611

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CHC 611

Art. 611. Immunity from civil or criminal liability

A.(1) No cause of action shall exist against any:

(a)Person who in good faith makes a report, cooperates in any investigation arising as a result of such report, or participates in judicial proceedings authorized under the provisions of this Chapter.

NOTE: Subsubparagraph eff. until promulgation and publication of rules by DCFS pursuant to Acts 2017, No. 348, §6.

(b)Caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses information contained in the central registry for the purpose of protecting a child.

NOTE: Subsubparagraph eff. upon promulgation and publication of rules by DCFS pursuant to Acts 2017, No. 348, §6.

(b)Caseworker who in good faith conducts an investigation, makes an investigative judgment or disposition, or releases or uses information contained in the state repository or central registry for the purpose of protecting a child.

(2)Such individuals shall have immunity from civil or criminal liability that otherwise might be incurred or imposed.

B. This immunity shall not be extended to:

(1)Any alleged principal, conspirator, or accessory to an offense involving the abuse or neglect of the child.

(2)Any person who makes a report known to be false or with reckless disregard for the truth of the report.

C.(1) In any action to establish damages against a defendant who has made a false report of child abuse or neglect, the plaintiff shall bear the burden of proving that the defendant who filed the false report of child abuse or neglect knew the report was false or that the report was filed with reckless disregard for the truth of the report.

(2)A plaintiff who fails to meet his burden of proof provided in Subparagraph

(1)of this Paragraph shall pay all court costs and attorney fees of the defendant.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 675, §1; Acts 2004, No. 76, §1; Acts 2006, No. 372, §1; Acts 2017, No. 348, §1, special eff. date.