MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Hall

AN ACT TO AMEND SECTION 43-21-355, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO EMPLOYEE OF A CHILD CARE FACILITY OR INSTITUTION SHALL BE DISCHARGED OR RECEIVE ANY EMPLOYMENT RETALIATION FOR REPORTING INFORMATION ON CHILD ABUSE OR PARTICIPATING IN A JUDICIAL PROCEEDING RESULTING THEREFROM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-21-355, Mississippi Code of 1972, is amended as follows:

43-21-355. (1) Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, child care giver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, or any other person participating in the making of a required report pursuant to Section 43-21-353 or participating in the judicial proceeding resulting therefrom shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

(2) No person shall terminate from employment, demote, reject for promotion or otherwise sanction, punish or retaliate against any employee of a child care facility, institution or other child care giver, who in good faith makes a required report pursuant to Section 43-21-353 or participates in any administrative or judicial proceeding regarding matters arising therefrom.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.