62A-4a-410 - Immunity from liability -- Exceptions. - Utah Statutes

62A-4a-410. Immunity from liability -- Exceptions.
(1) Except as provided in Subsection (3), any person, official, or institution participatingin good faith in making a report, taking photographs or X-rays, assisting an investigator from thedivision, serving as a member of a child protection team, or taking a child into protective custodypursuant to this part, is immune from any liability, civil or criminal, that otherwise might resultby reason of those actions.
(2) This section does not provide immunity with respect to acts or omissions of agovernmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity Actof Utah.
(3) The immunity described in Subsection (1) does not apply if the person, official, orinstitution:
(a) acted or failed to act through fraud or willful misconduct;
(b) in a judicial or administrative proceeding, intentionally or knowingly gave, upon alawful oath or in any form allowed by law as a substitute for an oath, false testimony material tothe issue or matter of inquiry in the proceeding; or
(c) intentionally or knowingly:
(i) fabricated evidence; or
(ii) except as provided in Subsection (4), with a conscious disregard for the rights ofothers, failed to disclose evidence that:
(A) was known to the person, official, or institution; and
(B) (I) was known by the person, official, or institution to be relevant to a material issueor matter of inquiry in a pending judicial or administrative proceeding if the person, official, orinstitution knew of the pending judicial or administrative proceeding; or
(II) was known by the person, official, or institution to be relevant to a material issue ormatter of inquiry in a judicial or administrative proceeding, if disclosure of the evidence wasrequested 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)(c)(ii), if the person, official, or institution:
(a) failed to disclose evidence described in Subsection (3)(c)(ii), because the person,official, or institution is prohibited by law from disclosing the evidence; or
(b) (i) pursuant to the provisions of 45 CFR 164.502(g)(5), refused to disclose evidencedescribed in Subsection (3)(c)(ii) to a person who requested the evidence; and
(ii) after refusing to disclose the evidence under Subsection (4)(b)(i), complied with orresponded to a valid court order or valid subpoena received by the person, official, or institutionto disclose the evidence described in Subsection (3)(c)(ii).

Amended by Chapter 382, 2008 General Session
Amended by Chapter 395, 2008 General Session