Case law indicates a 'special relationship' may be created between a child protective agency and a child so that the agency is legally obligated to protect the child from harm. Statutory mandates, such as accepting and investigating reports of child abuse and neglect, may also create caseworker and agency duty toward those the law is intended to protect. Negligence by a State agency or its employees may also be brought in Federal court under section 1983 of the Civil Rights Act, which involves the deprivation of constitutional rights, privileges, or immunities under color of State law. In spite of conduct which apparently makes State agencies or employees liable for a child's injuries, a doctrine of immunity may provide a defense, such as immunity for discretionary functions. All States should enact laws that grant child protective workers blanket 'good faith' immunity for all official actions. This would not remove liability for a callous or reckless disregard for official duties, but it would prevent 'second guessing' regarding agency and employee actions reasonably believed to be in the best interest of the child. 241 footnotes.