Immunity from liability of persons authorized to report abuse; attorney costs

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  • (a) A care custodian, clergy member, health practitioner, or employee of the Department of Human Services or a local law enforcement agency is not civilly or criminally liable for any report required or authorized by this chapter.

  • (b) Any other person reporting a known or suspected instance of elder or dependent adult abuse does not incur civil or criminal liability as a result of any report authorized by this chapter, unless it can be proven that a false report was made and the person knew that the report was false.

  • (c) A care custodian, clergy member, health practitioner, or an employee of the Department Human Services or a local law enforcement agency may present to the Department of Human Services a claim for reasonable attorney's fees incurred in any action against that person on the basis of making a report required or authorized by this chapter, if the court has dismissed the action to have the other party incur such costs when assessed. The Department of Human Services shall allow the claim if the requirements of this chapter are met, and the claim must be paid from an appropriation from the Public Assistance Fund, established in 34 V.I.C. § 14. Attorneys' fees awarded pursuant to this section may not exceed an hourly rate greater than allowed under 5 V.I.C., § 3503(b) at the time the award is made and may not exceed an aggregate amount of $10,000. This subsection does not apply if a public entity has provided for the defense of the action.


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