State and Statute: Utah, Stats. §§ 62A-4a-402 et seq.
What Is Reportable “Abuse”: Physical, sexual, or mental abuse or neglect. [62A-4a-401]
Mandatory Reporters: Any individual. [62A-4a-403(1)(a)]
How and Where to Report: To the nearest peace officer, law enforcement agency, or office of the division. [[62A-4a-403(1)]
Timeline to Report: Immediately. [62A-4a-403(1)]
Clergy Privilege: “(3) Subject to Subsection (4), the reporting requirement does not apply to: (a) 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: (i) the perpetrator made the confession directly to the member of the clergy; and (ii) the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession…
(4)(a) When a member of the clergy receives information about abuse or neglect from any source other than confession of the perpetrator, the member of the clergy is required to report that information even though the member of the clergy may have also received information about abuse or neglect from the confession of the perpetrator.”
Penalty for Knowingly Failing to Report: “If an individual is convicted the court may order the individual in addition to any other sentence the court imposes, to: (i) complete community service hours; or (ii) complete a program on preventing abuse and neglect of children.” [62A-4a-411(b)] Class B misdemeanor. [62A-4a-411]
Civil Liability for Failure to Report Recognized? No statute recognizes civil liability. Consult with legal counsel to ensure no recent court decisions in Utah have recognized civil liability.
Immunity for Inaccurate Report: “(A)ny person, official, or institution participating in good faith in making a report … is immune from any liability, civil or criminal, that otherwise might result by reason of those actions.” [62A-4a-410(1)]
Disclosure of Mandatory Reporter’s Identity: Except as provided by law, division and law enforcement officials shall ensure reporter’s anonymity. [62A-4a-412(3)(a)]
Additional Information for Utah:
- Phone information (toll-free): 1-855-323-3237
- Online resources: https://dcfs.utah.gov/
All information provided here was most recently verified in June of 2021.