Question
ALLEGED ABUSE: IMMUNITY PROVIDEDTwo children were placed in the temporary custody of a foster family. One child was referred to a licensed psychologist for evaluation.
ALLEGED ABUSE: IMMUNITY PROVIDEDTwo children were placed in the temporary custody of a foster family. One child was referred to a licensed psychologist for evaluation. After two interviews, the psychologist formed a professional opinion that the child had been sexually molested. Based, in part, on statements made by the child, the psychologist further believed that the perpetrator of the suspected molestation was the father. At a hearing before a juvenile court, the court determined that the evidence did not support a finding that the father had abused his child. Custody was returned to the parents. The child's parents subsequently initiated an action for medical malpractice against the psychologist. The psychologist claimed immunity from liability as provided by a state child abuse reporting statute. The parents argued that the immunity provisions of the statute do not apply to the psychologist because she was not a "mandatory reporter" under that statute.
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