## Facts

- The mother of two minor children suspected possible abuse after the children spent a weekend with their paternal grandparents, Thomas and Jean Blaney.
- The mother contacted a physician, a social worker, and DFACS; DFACS relayed the matter between counties.
- The Fayette County Sheriff’s Department advised the mother to take the children to Dr. Sara O’Heron for an examination.
- Dr. O’Heron examined the children while a Fayette County detective was present.
- Dr. O’Heron made a verbal report of suspected child abuse to the detective and submitted a written report four days later.
- Following the report, the grandparents were arrested and indicted for multiple offenses, including child molestation and related crimes.
- A later-presented grand jury returned a no bill, and the prosecution dismissed the initial indictment by nolle prosequi.
- The grandparents sued Dr. O’Heron and her employer, The Emory Clinic, for malicious prosecution, professional malpractice, and ordinary negligence based on the suspected-abuse report and related conduct.

## Issues

1. Whether O.C.G.A. § 19-7-5(f) grants immunity to a reporter of suspected child abuse only if the reporter both had reasonable cause and acted in good faith, or if immunity applies when either condition is satisfied.
2. Whether, under the correct interpretation of O.C.G.A. § 19-7-5(f), Dr. O’Heron and The Emory Clinic were entitled to summary judgment on the grandparents’ tort claims.

## Decision

- The Supreme Court of Georgia held that the statutory immunity is disjunctive: it protects reporters who have reasonable cause to believe abuse occurred or who act in good faith in making the report or participating in resulting proceedings.
- The court ruled the Court of Appeals erred by construing the statute to require both reasonable cause and good faith.
- The court concluded Dr. O’Heron established immunity as a matter of law based on the circumstances leading to and surrounding the report.
- The court reversed the Court of Appeals and reinstated the trial court’s grant of summary judgment for Dr. O’Heron and The Emory Clinic.

## Legal Principles

- Georgia’s mandatory child-abuse reporting statute provides immunity to those participating in the making of a report (and related proceedings) when the reporter has reasonable cause to believe a child has been abused or acts in good faith.
- The “reasonable cause” standard requires only a reasonable basis to suspect abuse at the time of reporting; later dismissal of criminal charges does not defeat immunity retroactively.
- The immunity provision is construed broadly to encourage reporting and to protect mandated reporters from retaliatory civil litigation arising from compliance with reporting duties.
- When statutory immunity applies, it bars tort claims premised on the decision to report suspected abuse, including malicious prosecution and negligence-based theories tied to the report.

## Conclusion

The Supreme Court of Georgia interpreted O.C.G.A. § 19-7-5(f) to grant immunity to child-abuse reporters who either had reasonable cause to suspect abuse or acted in good faith, and it reinstated summary judgment for the examining physician and her employer against claims arising from the suspected-abuse report.


O’Heron v. Blaney, 276 Ga. 871, 583 S.E.2d 834 (Ga. 2003)