62A-4a-1007 - False reports -- Penalties. - Utah Statutes

62A-4a-1007. False reports -- Penalties.
(1) The division shall send a certified letter to any person who submits a report of abuseor neglect that is placed into or included in any part of the Management Information System, ifthe division determines, at the conclusion of its investigation, that:
(a) the report is false;
(b) it is more likely than not that the person knew the report was false at the time thatperson submitted the report; and
(c) the reporting person's address is known or reasonably available.
(2) The letter shall inform the reporting person of:
(a) the division's determination made under Subsection (1);
(b) the penalty for submitting false information under Section 76-8-506 and otherapplicable laws; and
(c) the obligation of the division to inform law enforcement and the person alleged tohave committed abuse or neglect:
(i) in the present instance if law enforcement considers an immediate referral of thereporting person to law enforcement to be justified by the facts; or
(ii) if the reporting person submits a subsequent false report involving the same allegedperpetrator or victim.
(3) The division may inform law enforcement and the alleged perpetrator of a report forwhich a letter is required to be sent under Subsection (1), if an immediate referral is justified bythe facts.
(4) The division shall inform law enforcement and the alleged perpetrator of a report forwhich a letter is required to be sent under Subsection (1) if a second letter is sent to the reportingperson involving the same alleged perpetrator or victim.
(5) The division shall determine, in consultation with law enforcement:
(a) what information should be given to an alleged perpetrator relating to a false report;and
(b) whether good cause exists, as defined by the division by rule, for not informing analleged perpetrator about a false report.
(6) Nothing in this section may be construed as requiring the division to conduct aninvestigation beyond what is described in Subsection (1), to determine whether or not a report isfalse.

Amended by Chapter 299, 2008 General Session