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2021 Utah Code
Title 62A - Utah Human Services Code
Chapter 4a - Child and Family Services
Part 4 - Child Abuse or Neglect Reporting Requirements
Section 403 - Reporting requirements -- Exceptions.
Universal Citation: UT Code § 62A-4a-403 (2021)
Effective 5/5/2021
62A-4a-403. Reporting requirements -- Exceptions.
Amended by Chapter 419, 2021 General Session
62A-4a-403. Reporting requirements -- Exceptions.
- (1) Except as provided in Subsection (3), if an individual, including an individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has reason to believe that a child is, or has been, the subject of abuse or neglect, or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, the individual shall immediately report the suspected abuse or neglect to the division or to the nearest peace officer or law enforcement agency.
- (2)
- (a)
- (i) If a peace officer or a law enforcement agency receives a report under Subsection (1), the peace officer or law enforcement agency shall immediately notify the nearest office of the division.
- (ii) If the division receives a report under Subsection (1), the division shall immediately notify the appropriate local law enforcement agency.
- (b)
- (i) The division shall, in addition to the division's own investigation in accordance with Section 62A-4a-409, coordinate with the law enforcement agency on investigations undertaken by the law enforcement agency to investigate the report of abuse or neglect under Subsection (1).
- (ii) If a law enforcement agency undertakes an investigation of a report under Subsection (1), the law enforcement agency shall provide a final investigatory report to the division upon request.
- (a)
- (3) Subject to Subsection (4), the reporting requirement described in Subsection (1) does not apply to:
- (a) a member of the clergy, with regard to any confession made to the member of the clergy while functioning in the ministerial capacity of the member of the clergy and without the consent of the individual making the confession, if:
- (i) the perpetrator made the confession directly to the member of the clergy; and
- (ii) the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession; or
- (b) an attorney, or an individual employed by the attorney, if the knowledge or belief of the suspected abuse or neglect of a child arises from the representation of a client, unless the attorney is permitted to reveal the suspected abuse or neglect of the child to prevent reasonably certain death or substantial bodily harm in accordance with Utah Rules of Professional Conduct, Rule 1.6.
- (a) a member of the clergy, with regard to any confession made to the member of the clergy while functioning in the ministerial capacity of the member of the clergy and without the consent of the individual making the confession, if:
- (4)
- (a) When a member of the clergy receives information about abuse or neglect from any source other than confession of the perpetrator, the member of the clergy is required to report that information even though the member of the clergy may have also received information about abuse or neglect from the confession of the perpetrator.
- (b) Exemption of the reporting requirement for an individual described in Subsection (3) does not exempt the individual from any other efforts required by law to prevent further abuse or neglect by the perpetrator.
Amended by Chapter 419, 2021 General Session
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