62A-4a-403 - Reporting requirements. - Utah Statutes

62A-4a-403. Reporting requirements.
(1) (a) Except as provided in Subsection (2), when any person including persons licensedunder Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 31b, Nurse PracticeAct, has reason to believe that a child has been subjected to abuse or neglect, or who observes achild being subjected to conditions or circumstances which would reasonably result in abuse orneglect, that person shall immediately notify the nearest peace officer, law enforcement agency,or office of the division.
(b) Upon receipt of the notification described in Subsection (1)(a), the peace officer orlaw enforcement agency shall immediately notify the nearest office of the division. If an initialreport of abuse or neglect is made to the division, the division shall immediately notify theappropriate local law enforcement agency. The division shall, in addition to its owninvestigation, comply with and lend support to investigations by law enforcement undertakenpursuant to a report made under this section.
(2) Subject to Subsection (3), the notification requirements of Subsection (1) do notapply to a clergyman or priest, without the consent of the person making the confession, withregard to any confession made to the clergyman or priest in the professional character of theclergyman or priest in the course of discipline enjoined by the church to which the clergyman orpriest belongs, if:
(a) the confession was made directly to the clergyman or priest by the perpetrator; and
(b) the clergyman or priest is, under canon law or church doctrine or practice, bound tomaintain the confidentiality of that confession.
(3) (a) When a clergyman or priest receives information about abuse or neglect from anysource other than confession of the perpetrator, the clergyman or priest is required to givenotification on the basis of that information even though the clergyman or priest may have alsoreceived a report of abuse or neglect from the confession of the perpetrator.
(b) Exemption of notification requirements for a clergyman or priest does not exempt aclergyman or priest from any other efforts required by law to prevent further abuse or neglect bythe perpetrator.

Amended by Chapter 299, 2008 General Session