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4545 Following reports of child molestation, public employees’ decisions about whether to prosecute are exercises of policy making discretion and therefore protected from liability by both prosecutorial and discretionary act immunity; if public employees are immune from liability the public entity that employs them cannot be liable for their conduct; the Child Abuse and Neglect Reporting Act (Welfare and Institutions Code section 16501 et seq.) does not impose any mandatory duty on a public agency; any statutory duty an agency or its employees might have to respond to complaints about child abuse is fulfilled by an investigation, even if conducted negligently, in which case the public employees who conducted it are protected from liability by discretionary act immunity.CitationJACQUELINE T v ALAMEDA COUNTY (Molestation Investigation) 155 CA4 456 [See: GovC 815.2, 821.6, 820.2; W&IC 16501; Barner v Leeds 24 C4 676, T/AT 1/01]
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