In the absence of bad faith or a malicious purpose a person is entitled to immunity from civil liability under J.S.A. 52:27D-409(c). This statute provides:
A person who reports information pursuant to this act, or provides information concerning the abuse of a vulnerable adult to the county adult protective services provider, or testifies at a grand jury, judicial or administrative proceeding resulting from the report, is immune from civil and criminal liability arising from the report, information, or testimony, unless the person acts in bad faith or with malicious purpose. [N.J.S.A. 52:27D-409(c)]
Introduction to Adult Protective Services
N.J.S.A. 52:27D-409(a)(2) provides that any person who has reasonable cause to believe a vulnerable adult is being abused, neglected, or exploited may report his or her concerns to a county adult protective services provider. N.J.S.A. 52:27D-409(c) states a person who makes a report to a provider is immune from civil and criminal liability arising from the report unless such person acts in bad faith or with malicious purpose.
The words “bad faith” and “malicious” are not defined in the Act, N.J. courts have given these words their “ordinary meaning and significance.” Ballentine’s Law Dictionary “Bad faith” is defined as “[w]ith actual intent to deceive or mislead.” “Malicious” is defined as conduct “[a]ctuated by malice, Wicked and perverse.”
To discuss NJ elder abuse, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Elder Abuse Attorney