(a) The following persons are immune from any civil or criminal liability that otherwise might result from the person's actions if the person is acting in good faith:
(1) a person making a voluntary or mandated report under this chapter or assisting in an assessment under this chapter;
(2) a person with responsibility for performing duties under this section or supervisor employed by a local welfare agency, the commissioner of an agency responsible for operating or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed or certified under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, complying with sections 260E.23, subdivisions 2 and 3, and 260E.30; and
(3) a public or private school, facility as defined in section 260E.03, or the employee of any public or private school or facility who permits access by a local welfare agency, the Department of Education, or a local law enforcement agency and assists in an investigation or assessment pursuant to this chapter.
(b) A person who is a supervisor or person with responsibility for performing duties under this chapter employed by a local welfare agency, the commissioner of human services, or the commissioner of education complying with this chapter or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person's actions if the person is (1) acting in good faith and exercising due care, or (2) acting in good faith and following the information collection procedures established under section 260E.20, subdivision 3.
(c) Any physician or other medical personnel administering a toxicology test under section 260E.32 to determine the presence of a controlled substance in a pregnant woman, in a woman within eight hours after delivery, or in a child at birth or during the first month of life is immune from civil or criminal liability arising from administration of the test if the physician ordering the test believes in good faith that the test is required under this section and the test is administered in accordance with an established protocol and reasonable medical practice.
(d) This section does not provide immunity to any person for failure to make a required report or for committing maltreatment.
(e) If a person who makes a voluntary or mandatory report under section 260E.06 prevails in a civil action from which the person has been granted immunity under this section, the court may award the person attorney fees and costs.
1Sp2020 c 2 art 7 s 34
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 260E — Reporting Of Maltreatment Of Minors
Section 260E.02 — Multidisciplinary Child Protection Team.
Section 260E.03 — Definitions.
Section 260E.05 — Cultural Practices.
Section 260E.055 — Duty To Report; Private Or Public Youth Recreation Program.
Section 260E.06 — Maltreatment Reporting.
Section 260E.065 — Training For Reporters.
Section 260E.07 — Retaliation Prohibited.
Section 260E.08 — Criminal Penalties For Failure To Report; Civil Penalty For Making False Report.
Section 260E.09 — Reporting Requirements.
Section 260E.10 — Notification To Reporters.
Section 260E.11 — Agency Designated To Receive Reports.
Section 260E.13 — Report To Ombudsman.
Section 260E.14 — Agency Responsible For Screening And Assessment Or Investigation.
Section 260E.15 — Screening Guidelines.
Section 260E.16 — Timeline For Screening.
Section 260E.17 — Response Path Assignment.
Section 260E.18 — Notice To Child's Tribe.
Section 260E.19 — Conflict Of Interest.
Section 260E.20 — Agency Duties Regarding Investigation And Assessment.
Section 260E.21 — Screened Out Reports.
Section 260E.23 — Documenting Interviews With Child Maltreatment Victims.
Section 260E.24 — Conclusion Of Family Assessment Or Family Investigation By Local Welfare Agency.
Section 260E.25 — Provision Of Medical Care.
Section 260E.26 — Provision Of Child Protective Services.
Section 260E.27 — Consultation With The County Attorney.
Section 260E.28 — Conducting Investigation In Facility Or School.
Section 260E.29 — Notification Requirements For Schools And Facilities.
Section 260E.30 — Conclusion Of School Or Facility Investigation.
Section 260E.31 — Reporting Of Prenatal Exposure To Controlled Substances.
Section 260E.32 — Toxicology Tests Required.
Section 260E.33 — Reconsideration And Appeal Of Maltreatment Determination Following Investigation.
Section 260E.35 — Data Practices.
Section 260E.36 — Specialized Training And Education Required.