Confidentiality for mandated reporters

As a reporter, your identity is considered confidential and may not be disclosed.

EXCEPTION: The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by a court that the report was false and there is evidence that the report was made in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the Rules of Criminal Procedure, except that where the identity of the reporter is relevant to a criminal prosecution, the district court shall do an in-camera review prior to determining whether to order disclosure of the identity of the reporter.

Immunity

A person (including any form of a business or legal entity) who makes a good faith report is immune from any civil or criminal liability that might otherwise result from making the report, or from participating in the investigation, or for failure to comply fully with the reporting obligation under section 609.234 or 626.557, subd. 7 (MS 626.557 subd. 5(a)).

Failure to report

A mandated reporter who negligently or intentionally fails to report is liable for damages caused by the failure. Nothing in MS 626.557 subd. 7 imposes vicarious liability for the acts or omissions of others. Additionally, an individual may be disqualified from providing direct contact services for failing to make a required report (MS 245C.15, subd. 4(b)). Facilities that fail to make mandated reports may be subject to a fine.

False reports

A person or facility that intentionally makes a false report under the provisions of this section shall be liable in a civil suit for any actual damages suffered by the reported facility, person or persons and for punitive damages up to $10,000 and attorney's fees (MS 626.557 subd. 6).