Summary
This New York Appellate Division decision affirms the dismissal of a plaintiff's complaint alleging willful misconduct and gross negligence by defendants who reported suspected infant neglect to child protective services. The court held that the defendants are statutorily immune from liability under Social Services Law § 419 for making the report in good faith compliance with mandatory reporting requirements. Because the plaintiff failed to allege sufficient facts demonstrating willful misconduct or gross negligence, the lower court's grant of the motion to dismiss was properly upheld.
Topics
Practice areas
Questions Presented
- Whether defendants are immune from liability for good‑faith compliance with Social Services Law § 413, and whether the motion to dismiss should be granted with respect to the plaintiff’s claims of willful misconduct and gross negligence.
Holdings
- Defendants are entitled to immunity under Social Services Law § 419 for good‑faith compliance with the reporting requirements of § 413, and the plaintiff failed to allege facts showing willful misconduct or gross negligence; therefore the motion to dismiss is granted as to those claims.
- The appellate division unanimously affirms the lower court’s order dismissing the complaint.
Key quotations
“Pursuant to Social Services Law § 419, defendants are entitled to immunity from liability for their good faith compliance with the reporting requirements of section 413, and here plaintiff failed to present sufficient factual allegations that defendants, in reporting her presumptively positive drug test result to CPS, acted with "willful misconduct or gross negligence" (§ 419; see generally Selapack v Iroquois Cent. School Dist., 17 AD3d 1169, 1170 [4th Dept 2005]).”
Factual background
Plaintiff sued to recover damages after defendants reported her presumptively positive newborn drug test to child protective services pursuant to Social Services Law § 413. The defendants asserted immunity for good‑faith compliance with the reporting requirement, and plaintiff alleged willful misconduct and gross negligence.
Procedural history
The Supreme Court, Erie County entered an order on July 6, 2023 granting the defendants' motion to dismiss the complaint. The plaintiff appealed that order to the Appellate Division, Fourth Department.