WEST virginia legislature

2020 regular session

Introduced

Senate Bill 718

By Senators Maroney, Cline, Hamilton, Prezioso, Rucker, Swope, Sypolt, Takubo, Trump, Facemire, and Stollings

[Introduced February 6, 2020; referred
to the Committee on Health and Human Resources]

A BILL to amend and reenact §49-2-810 of the Code of West Virginia, 1931, as amended, relating to immunity from criminal and civil liability; and amending the provision of immunity to explicitly grant immunity from civil or criminal liability for individuals providing information or assistance to a good-faith report of child abuse or neglect.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.

§49-2-810. Immunity from liability.

Any person, official, or institution participating in good faith in any act permitted or required by this article are is immune from any civil or criminal liability that otherwise might result by reason of those actions, including individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide 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.

NOTE: The purpose of this bill is to explicitly provide immunity from civil or criminal liability for individuals providing 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.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.