N.Y. Laws » CHAPTER Social Services / ARTICLE Children / TITLE Child Protective Services
New York Consolidated Laws

N.Y. Social Services Law § 419 (2026)

Immunity from liability

✓ current as of May 2026
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§ 419. Immunity from liability.  Any person, official, or institution
participating in good faith in the providing of a service pursuant to
section four hundred twenty-four of this title, the making of a report,
the taking of photographs, the removal or keeping of a child pursuant to
this title, or the disclosure of child protective services information
in compliance with sections twenty, four hundred twenty-two and four
hundred twenty-two-a of this chapter shall have immunity from any
liability, civil or criminal, that might otherwise result by reason of
such actions. For the purpose of any proceeding, civil or criminal, the
good faith of any such person, official, or institution required to
report cases of child abuse or maltreatment or providing a service
pursuant to section four hundred twenty-four or the disclosure of child
protective services information in compliance with sections twenty, four
hundred twenty-two and four hundred twenty-two-a of this chapter shall
be presumed, provided such person, official or institution was acting in
discharge of their duties and within the scope of their employment, and
that such liability did not result from the willful misconduct or gross
negligence of such person, official or institution.
Notes of Decisions
Cited in 71 cases (7 in the last 5 years), 1987–2026 · leading case: Lara v. City of New York, 187 Misc. 2d 882 (N.Y. Sup. Ct. 2001).
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Lara v. City of New York, 187 Misc. 2d 882 (N.Y. Sup. Ct. 2001). · cites it 15× “I Social Services Law § 419 provides: “Immunity from Liability.”
Sean M. v. City of New York, 20 A.D.3d 146 (N.Y. App. Div. 2005). · cites it 5× “All defendants contended that they were subject to statutory immunity pursuant to Social Services Law § 419. Defendant LWS also sought dismissal on two additional grounds: that plaintiffs failed to comply with discovery demands (CPLR 3124, 3126), particularly with respect to…”
Rine v. Chase, 309 A.D.2d 796 (N.Y. App. Div. 2003). · cites it 7× “The defendant thereafter moved for summary judgment dismissing, inter alia, those causes of action, contending that Social Services Law § 419 immunized her from liability because she had reported suspected child abuse in good faith.”
Lentini v. Page, 5 A.D.3d 914 (N.Y. App. Div. 2004). · cites it 5× “The court later granted defendant’s motion for summary judgment and dismissed the complaint, finding that defendant is entitled to qualified immunity per Social Services Law § 419 and that plaintiff failed to submit evidence to overcome defendant’s presumed good faith.”
Van Emrik v. Chemung Cnty. Dep't of Soc. Servs., 220 A.D.2d 952 (N.Y. App. Div. 1995). · cites it 6× “1 Upon remittal, Supreme Court again granted summary judgment in favor of defendants, finding that they had demonstrated their entitlement to the qualified immunity privilege provided by Social Services Law § 419. This appeal by plaintiffs followed.”
Nieves v. Cnty. of Monroe, 761 F. Supp. 2d 48 (W.D.N.Y. 2011). · cites it 3× “See N.Y. Social Services Law § 419 . In my view and accepting as true all of the allegations of the Complaint, N.”
Escalera v. Favaro, 298 A.D.2d 552 (N.Y. App. Div. 2002). · cites it 3× “As a consequence, Favaro was required by Social Services Law § 413 to report the plaintiffs suspected child abuse.”
William M. v. Laub, 149 A.D.2d 475 (N.Y. App. Div. 1989). · cites it 6× “), dated March 7, 1988, as denied their motion to dismiss on the ground that they were entitled to immunity under Social Services Law § 419, and the plaintiffs appeal from an order of the same court (Bergerman, J.”
Selapack v. Iroquois Cent. Sch. Dist., 17 A.D.3d 1169 (N.Y. App. Div. 2005). · cites it 3× “Plaintiffs correctly assert that they may maintain a civil action against a person reporting suspected abuse who did not act in good faith and acted with willful misconduct or gross negligence (see Social Services Law § 419). No exception is made in sections 419 or 422, however,…”
Phillips Ex Rel. Green v. City of New York, 453 F. Supp. 2d 690 (S.D.N.Y. 2006). “The goal of establishing a child protective service capable of investigating cases of alleged abuse swiftly and competently is intended to be encour *747 aged and protected by the immunity granted under Social Services Law § 419.”) (citations omitted), leave to appeal dismissed,…”
Kempster v. Child Prot. Servs., 130 A.D.2d 623 (N.Y. App. Div. 1987). · cites it 2× “We find, contrary to Special Term, that, by virtue of Social Services Law § 419, the foregoing complaint must be dismissed insofar as it is asserted against the defendant hospital.”
Rossignol v. Silvernail, 185 A.D.2d 497 (N.Y. App. Div. 1992). · cites it 2× “the jury concluded that both defendants, in sum or substance, uttered the particular slanderous statements alleged and, with respect to certain slanderous statements made during a meeting at the Columbia County Department of Social Services regarding plaintiff’s purported acts…”
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