34 U.S.C. § 20342

Federal immunity

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(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.

(Pub. L. 115–424, § 3(b), Jan. 7, 2019, 132 Stat. 5470.)Editorial NotesCodification

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.

Notes of Decisions

Cited in 8 cases (8 in the last 5 years), 2022–2026 · leading case: Grae-El v. City of Seattle

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Grae-El v. City of Seattle (2022) wawd · cites it 5× “Federal Immunity 18 Defendants additionally contend that Plaintiffs’ familial association claim, arising 19 under the Fourteenth Amendment, must fail because the Victims of Child Abuse 20 Reauthorization Act of 2018 (“VCARA” or the “Act”), 34 U.S.C. § 20342 , provides that: 21…”

Grae-El v. City of Seattle (2022) wawd · cites it 4× “) The Children’s Defendants argue dismissal is appropriate in light of an 22 immunity provision contained in the Victims of Child Abuse Reauthorization Act of 2018 1 (“VCARA” or the “Act”), 34 U.S.C. § 20342 (1). (See Mot. at 5-7.) At the direction of 2 the court, the parties…”

Jacob Krueger and Patricia Krueger, individually and as the parents and next friends of AA, BB, and CC v. Channing Petra (2025) ilcd · cites it 3× “) One of the twelve defendants—Petrak—now moves to amend her answer to include an affirmative defense under 34 U.S.C. § 20342 . Broadly stated, that statute immunizes from civil liability individuals who, in good faith, report child abuse.”

Grae-El v. City of Seattle (2022) wawd “) The court deferred ruling on this 21 portion of the Children’s Defendants’ motion in order to receive supplemental briefing 22 from the parties addressing whether dismissal of Plaintiffs’ Fourteenth Amendment 1 claims under the immunity provision contained in the Victims of…”

Hartman v. State of Washington Department of Children Youth and Families (2024) wawd “) Thus, the court need not consider 20 whether the SCH Defendants have immunity from federal claims under 34 U.S.C. § 20342 and whether they are entitled to attorneys’ fees under that statute.”

Sudah v. District of Columbia (2025) dcd “So the Court limits its analysis of Sudah’s federal claims to § 1983.”

Lamoureaux v. Lauritsen (2025) ksd “By his habeas petition, petitioner challenges the validity of his conviction, arguing that the trial court lacked subject matter jurisdiction because he was immune from prosecution as a mandatory reporter under 34 U.S.C. § 20342 . Petitioner would ordinarily be required to seek…”

William Reynolds, individually; as Spouse of Sylwia Pawlak Reynolds; and as parent of their minor children, A.M.R., W.R. (2026) mnd “34 U.S.C. § 20342 (1). Section 20342 also provides that “there shall be a presumption that the person acted in good faith” when a federal civil action is “brought against a person based on the person’s reporting a suspected or known instance of child abuse or neglect, or…”

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