Section 26-14-1 Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened harm to a child’s health or welfare. Harm or threatened harm to a child’s health or welfare can occur through nonaccidental physical or mental injury, sexual abuse […]
Section 26-14-10 Doctrine of privileged communications not grounds for exclusion of evidence as to child’s injuries. The doctrine of privileged communication, with the exception of the attorney-client privilege, shall not be a ground for excluding any evidence regarding a child’s injuries or the cause thereof in any judicial proceeding resulting from a report pursuant to […]
Section 26-14-11 Appointment of attorney to represent child. In every case involving an abused or neglected child which results in a judicial proceeding, an attorney shall be appointed to represent the child in such proceedings. Such attorney will represent the rights, interests, welfare, and well-being of the child, and serve as guardian ad litem for […]
Section 26-14-12 Establishment of regulations by Department of Human Resources. The State Department of Human Resources may establish such regulations as may be necessary to implement this chapter and to encourage cooperation with other states in exchanging reports to effect a national registration system. (Acts 1975, No. 1124, p. 2213, §1.)
Section 26-14-13 Penalty for failure to make required report. Any person who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall be punished by a sentence of not more than six months’ imprisonment or a fine of not more than $500.00. (Acts 1965, No. 563, […]
Section 26-14-2 Purpose of chapter. In order to protect children whose health and welfare may be adversely affected through abuse and neglect, the Legislature hereby provides for the reporting of such cases to the appropriate authorities. It is the intent of the Legislature that, as a result of such efforts, and through the cooperation of […]
Section 26-14-3 Mandatory reporting. (a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, employees of public and private institutions of […]
Section 26-14-4 Permissive reporting. In addition to those persons, firms, corporations, and officials required by Section 26-14-3 to report child abuse and neglect, any person may make such a report if such person has reasonable cause to suspect that a child is being abused or neglected. (Acts 1975, No. 1124, p. 2213, §1.)
Section 26-14-5 Contents of reports. The reports provided for in this chapter shall state, if known, the name of the child, his or her whereabouts, the names and addresses of the parents, guardian, or caretaker, and the character and extent of his or her injuries. The written report shall also contain, if known, any evidence […]
Section 26-14-6 Temporary protective custody. A police officer, a law enforcement official, or a designated employee of the State or County Department of Human Resources may take a child into protective custody, or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his […]
Section 26-14-6.1 Duties and responsibilities for investigation of reports. The duty and responsibility for the investigation of reports of suspected child abuse or neglect shall be as follows: (1) Reports of suspected child abuse or neglect involving disciplinary or corporal punishment committed in a public or private school or kindergarten shall be investigated by law […]
Section 26-14-7 Duties of Department of Human Resources. (a) The State or County Department of Human Resources shall make a thorough investigation promptly upon either the oral or written report. The primary purpose of such an investigation shall be the protection of the child. (b) The investigation, to the extent that is reasonably possible, shall […]
Section 26-14-7.1 Due process rights for persons under investigation by department. Any person who comes under investigation by the Department of Human Resources for the abuse or neglect of a child or children and who is employed by, serves as a volunteer for, holds a license or certificate for, or is connected with any facility, […]
Section 26-14-7.2 Child denied medical treatment due to parents’ religious beliefs. (a) When an investigation of child abuse or neglect by the Department of Human Resources determines that a parent or legal guardian legitimately practicing his or her religious beliefs has not provided specific medical treatment for a child, the parent or legal guardian shall […]
Section 26-14-8 Statewide central registry. (a) For the purposes of this section, the following words shall have the following meanings, respectively: (1) INDICATED. When credible evidence and professional judgment substantiates that an alleged perpetrator is responsible for child abuse or neglect. (2) NOT INDICATED. When credible evidence and professional judgment does not substantiate that an […]
Section 26-14-9 Immunity from liability for actions under chapter. Any person, firm, corporation, or official, including members of a multidisciplinary child protection team, quality assurance team, child death review team, or other authorized case review team or panel, by whatever designation, participating in the making of a good faith report in an investigation or case […]
