STATUTORY PROTECTIONS
Statutory protections set the conditions under which people or agencies are shielded while carrying out legally required or authorized duties. These provisions set limits of liability, specify actions and circumstances exempt from standard challenge, and outline when legal responsibilities may create or reduce exposure.
To allow public officials to perform their duties without fear of constant litigation
To encourage reporting of safety concerns without hesitation
To preserve the functioning of the justice system
To protect government resources from being overwhelmed by lawsuits
To avoid chilling effects on participation in investigations
PURPOSE
​
FUNCTION
&
When a parent reports abuse to protect their children,
we should not charge them with failure to protect.
OUR SYSTEM OFFERS
TO:
PROTECTIONS
The justice system rewards criminals with immunity or reduced charges in exchange for providing information on crimes they were involved in.
Employees who expose corruption or danger in the workplace are legally protected from retaliation, and society celebrates their courage.
Parents who report abuse risk losing their children or facing charges for reporting crimes they did not commit.
People who report witnessing a crime are allowed to maintain maximum anonymity and avoid self-incrimination when testifying.
Parents who report danger within the home environment are often held legally accountable, and labeled as negligent by the system.
Parents who report being the victim of a crime are subjected to exposure and scrutiny of their private lives and are penalized for disclosures made in the course of seeking help.
Teachers, doctors, and social workers are required by law to report suspected abuse and are commended for fulfilling their duty of care.
Professionals report abuse under legal mandate.
Parents report abuse under legal exposure.
THERE ARE NO PROTECTIONS FOR
CHILD & FAMILY PROTECTIVE SERVICE AGENCIES
HAVE MORE PROTECTIONS THAN THE CHILDREN AND FAMILIES THEY SERVE:
ABSOLUTE IMMUNITY
QUALIFIED
IMMUNITY
SOVEREIGN
IMMUNITY
Shields officials from personal liability for discretionary investigative decisions
Prevents the State and its agencies from being sued without consent
Prevents officials from being sued for tasks connected to the court process
LEGAL VOID
A legal void occurs when the law assigns responsibility but offers no protection from the consequences of compliance. Parents are required or expected to report domestic violence when children are exposed to or affected by it, yet fulfilling that duty can result in charges of “failure to protect” and the displacement of their children into state custody. When the law demands action without safeguarding those who act, it places families in a legal void.
With great power should come great responsibility.