UTAH
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Ann. Code § 62A-4a-403
Any person, including any person licensed under the Medical Practice Act or the Nurse Practice Act, is required to report.
Other persons required to report
Citation: Ann. Code § 62A-4a-403
Any person who has reason to believe that a child has been subjected to abuse or neglect must report.
Institutional responsibility to report
This issue is not addressed in the statutes reviewed.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Code § 62A-4a-403
A report is required when a person has reason to believe that a child has been subjected to abuse or neglect or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.
PENALTIES FOR FAILING TO REPORT
Failure to Report
Citation: Ann. Code § 62A-4a-411
Any person, official, or institution required to report a case of suspected child abuse, child sexual abuse, neglect, fetal alcohol
syndrome, or fetal drug dependency who willfully fails to do so is guilty of a class B misdemeanor.
Action for failure to report must be commenced within 4 years from the date of knowledge of the offense and the willful failure to report.
PENALTIES FOR FALSE REPORTING
This issue is not addressed in the statutes reviewed.
PRIVILEGED COMMUNICATIONS
Ann. Code §§ 62A-4a-403; 62A-4a-412(5)
The requirement to report does not apply to 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 both of the following apply:
• The perpetrator made the confession directly to the member of the clergy.
• The member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession.
The physician-patient privilege is not a ground for excluding evidence regarding a child’s injuries or the cause of those injuries in any proceeding resulting from a report made in good faith pursuant to this part.
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.
Disclosure of Reporter Identity
Citation: Ann. Code § 62A-4a-412(3)(b)
The name and contact information of the reporter shall be deleted prior to any release of records to the subject of the report.