Effective 9/1/2022 80-2-601. Legislative purpose. It is the purpose of this part to protect the best interests of children, offer protective services to prevent harm to children, stabilize the home environment, preserve family life whenever possible, and encourage cooperation among the states in dealing with the problem of abuse or neglect. Renumbered and Amended by […]
Effective 9/1/2022 80-2-602. Child abuse and neglect reporting requirements — Exceptions. (1) Except as provided in Subsection (3), if a person, 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 […]
Effective 9/1/2022 80-2-603. Fetal alcohol syndrome or spectrum disorder and drug dependency reporting requirements. (1) As used in this section: (a) “Health care provider” means: (i) an individual licensed under: (A)Title 58, Chapter 31b, Nurse Practice Act; (B)Title 58, Chapter 44a, Nurse Midwife Practice Act; (C)Title 58, Chapter 67, Utah Medical Practice Act; (D)Title 58, […]
Effective 9/1/2022 80-2-604. Death of a child reporting requirements. (1) A person who has reason to believe that a child has died as a result of abuse or neglect shall report that fact to: (a) the local law enforcement agency; and (b) the appropriate medical examiner in accordance with Title 26, Chapter 4, Utah Medical […]
Effective 9/1/2022 80-2-605. Physician removal of a child — Reporting requirements. (1) Subject to Subsection (3), a physician examining or treating a child may take the child into custody, without the consent of the child’s parent, guardian, or any other person responsible for the child’s care or exercising temporary or permanent control over the child, […]
Effective 9/1/2022 80-2-606. Written reports. (1) (a) A person who orally reports under Section 80-2-602, 80-2-603, or 80-2-604 shall, upon request of the division, provide the division with a written version of the oral report. (b) The person shall provide the written report within 48 hours after the division’s request. (2) If, in connection with […]
Effective 9/1/2022 80-2-607. Health care provider photographs of child abuse or neglect. (1) A licensed physician, licensed physician assistant, medical examiner, peace officer, or public health officer or official may take a photograph of the areas of trauma visible on a child and, if medically indicated, perform radiological examinations. (2) A photograph may be taken […]
Effective 9/1/2022 80-2-608. Confidential identity of person who reports. Except as provided in Sections 80-2-611 and 80-2-1005, the division and a law enforcement agency shall ensure the anonymity of the person who makes the initial report under this part and any other person involved in the division’s or law enforcement agency’s subsequent investigation of the […]
Effective 9/1/2022 80-2-609. Failure to report — Threats and intimidation — Penalty. (1) If the division has substantial grounds to believe that a person knowingly failed to report under Section 80-2-602 or 80-2-603, the division shall file a complaint with: (a) the Division of Professional Licensing if the person is a health care provider, as […]
Effective 9/1/2022 80-2-610. 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 […]
Effective 9/1/2022 80-2-611. False reports — Investigation — Notice of penalty. (1) The division may conduct an investigation to determine whether a report under Section 80-2-602 or 80-2-603 is false. (2) The division shall send a certified letter to a person who makes a report of abuse or neglect that is placed into or included […]