Section 610 – Immunity from liability for a report — Exception.

• (1)
  • (a) A person who in good faith makes a report under Section 80-2-602, 80-2-603, or 80-2-604, or who otherwise notifies the division or a peace officer or law enforcement agency of suspected abuse or neglect of a child, is immune from civil and criminal liability in connection with the report or notification.
  • (b) Except as provided in Subsection (3), a person taking a photograph or X-ray, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective custody in accordance with Chapter 2a, Removal and Protective Custody of a Child, is immune from civil or criminal liability in connection with those actions.

• (2) This section does not provide immunity with respect to an act or omission of a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah.

• (3) The immunity described in Subsection (1)(b) does not apply if the person:
  • (a) acted or failed to act through fraud or willful misconduct;
  • (b) in a judicial or administrative proceeding, intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony material to the issue or matter of inquiry in the proceeding;
  • (c) intentionally or knowingly fabricated evidence; or
  • (d) except as provided in Subsection (4), intentionally or knowingly with a conscious disregard for the rights of others, failed to disclose evidence that was known by the person to be relevant to a material issue or matter of inquiry in:
    • (i) a pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding; or
    • (ii) a judicial or administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or counsel for a party to the proceeding.

• (4) Immunity is not lost under Subsection (3)(d), if the person:
  • (a) failed to disclose evidence described in Subsection (3)(d), because the person is prohibited by law from disclosing the evidence; or
  • (b)
    • (i) in accordance with the provisions of 45 C.F.R. 164.502(g)(5), refused to disclose evidence described in Subsection (3)(d) to another person who requested the evidence; and
    • (ii) after refusing to disclose the evidence under Subsection (4)(b)(i), complied with or responded to a valid court order or valid subpoena received by the person to disclose the evidence described in Subsection (3)(d).

Renumbered and Amended by Chapter 334, 2022 General Session