ILCS » Chapter 325 · Act 5
Illinois Compiled Statutes

325 ILCS 5/9 (2026)

Any person, institution or agency, under this Act, participating in good faith in the making of a report or referral, or in the investigation of such a report or referral or in the taking of photographs and x-rays or in the retaining a child in temporary protective custody or in making a disclosure of information concerning reports of child abuse and neglect in compliance with Sections 4

✓ current as of May 2026
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(325 ILCS 5/9) (from Ch. 23, par. 2059)
    Sec. 9. Any person, institution or agency, under this Act, participating in good faith in the making of a report or referral, or in the investigation of such a report or referral or in the taking of photographs and x-rays or in the retaining a child in temporary protective custody or in making a disclosure of information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act or Section 4 of this Act, as it relates to disclosure by school personnel and except in cases of wilful or wanton misconduct, shall have immunity from any liability, civil, criminal or that otherwise might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or permitted to report, cases of suspected child abuse or neglect or permitted to refer individuals under this Act or required to disclose information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act, shall be presumed. For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult resident as defined in this Act.
(Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.)

    
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1995–2026 · leading case: Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012).
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Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Directors, 2012 IL 112479 (Ill. 2012). · cites it 3× “325 ILCS 5/9 (West 2010). Under both versions, school superintendents have access to the Department’s records of reports pursuant to section 11.”
Doe v. Winny, 764 N.E.2d 143 (Ill. App. Ct. 2002). · cites it 7× “2059 (now 325 ILCS 5/9 (West 1996)). This section immunizes individuals from liability resulting from their good-faith participation in the reporting and the investigation of a claim of child abuse made under the Act.”
Naleway v. Agnich, 897 N.E.2d 902 (Ill. App. Ct. 2008). · cites it 2× “” 325 ILCS 5/9 (West 2002). “For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report ***, or permitted to report, cases of suspected child abuse or neglect *** shall be presumed.”
Lipscomb v. Sisters of St. Francis Health Servs., Inc., 799 N.E.2d 293 (Ill. App. Ct. 2003). · cites it 3× “Defendant filed a motion to dismiss all counts of the complaint under section 2 — 619 of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 619 (West 2000)), claiming that it was immune from liability under section 9 of the Abused and Neglected Child Reporting Act (Reporting…”
Gretchen D. Cuyler, Special Adm'r of the Est. of Christian Cuyler, Deceased v. United States, 362 F.3d 949 (7th Cir. 2004). “It is true that there is a statutory safe harbor for “good faith” mistaken reporting of abuse and even a presumption of good faith, 325 ILCS 5/9, but what is good faith in a particular case remains a litigable issue.”
Nosbaum Ex Rel. Harding v. Martini, 726 N.E.2d 84 (Ill. App. Ct. 2000). · cites it 2× “Jesse argues the court erred in finding defendants immune from liability under the Abused and Neglected Child Reporting Act (the Act) (325 ILCS 5/9 (West Supp. 1999)) and in ruling that her complaint did not sufficiently allege liability under an apparent agency theory.”
Poulos v. Lane, 659 N.E.2d 34 (Ill. App. Ct. 1995). · cites it 2× “Lane is immune from all liability pursuant to the Abused and Neglected Child Reporting Act (325 ILCS 5/9 (West 1994))(Reporting Act); (2) plaintiffs are collaterally estopped from relitigating whether Dr.”
Doe v. Winny (Ill. App. Ct. 2002). · cites it 7× “2059 (now 325 ILCS 5/9 (West 1996)). This section immunizes individuals from liability resulting from their good-faith participation in the reporting and the investigation of a claim of child abuse made under the Act.”
Lipscomb v. Sisters of St. Francis Health Servs., Inc. (Ill. App. Ct. 2003). · cites it 3× “Defendant filed a motion to dismiss all counts of the complaint under section 2-619 of the Illinois Code of Civil Procedure (735 ILCS 5/2-619 (West 2000)), claiming that it was immune from liability under section 9 of the Abused and Neglected Child Reporting Act (Reporting Act)…”
Naleway v. Agnich (Ill. App. Ct. 2008). · cites it 2× “" 325 ILCS 5/9 (West 2002). "For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report ***, or permitted to report, cases of suspected child abuse or neglect *** shall be presumed.”
Nosbaum v. Martini (Ill. App. Ct. 2000). · cites it 2× “Jesse argues the court erred in finding defendants immune from liability under the Abused and Neglected Child Reporting Act (the Act) (325 ILCS 5/9 (West Supp. 1999)), and in ruling that her complaint did not sufficiently allege liability under an apparent agency theory.”
People v. Acosta, 2026 IL App (2d) 240364 (Ill. App. Ct. 2026). “See 325 ILCS 5/9 (West 2018) (“Any person, institution or agency, under [the Act], participating in good faith in the making of a report or referral, or in the investigation of such a report or -4- ¶9 A.”
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