Immunity for Persons Who Report Child Abuse and Neglect - Utah

Date:

Immunity for Making Reports

Citation: Ann. Code § 80-2-610

A person who in good faith makes a report under the provisions of this chapter or who otherwise notifies the Division of Child and Family Services, a peace officer, or law enforcement agency of suspected abuse or neglect of a child is immune from civil and criminal liability in connection with the report or notification.

Additional Provisions of Immunity

Citation: Ann. Code § 80-2-610

A person taking a photograph or x-ray, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective custody in accordance with chapter 2a is immune from civil or criminal liability in connection with those actions.

Limitations to Immunity

Citation: Ann. Code § 80-2-610

This section does not provide immunity with respect to an act or omission of a governmental employee, except as provided in title 63G, chapter 7, Governmental Immunity Act of Utah.

The immunity described in this section does not apply if the person has done any of the following:

  • Acted or failed to act through fraud or willful misconduct
  • Gave intentionally or knowingly false testimony material to the issue or matter of inquiry in a judicial or administrative proceeding upon a lawful oath
  • Fabricated evidence intentionally or knowingly
  • Failed to disclose, intentionally or knowingly with a conscious disregard for the rights of others, evidence that was known by the person to be relevant to a material issue or matter of inquiry in either of the following:
    • A pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding
    • A judicial or administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or counsel for a party to the proceeding

Immunity is not lost for failure to disclose evidence if the either of the following apply:

  • The person failed to disclose evidence because the person is prohibited by law from disclosing the evidence.
  • Both of the following apply:
    • In accordance with the provisions of 45 C.F.R. 164.502(g)(5), the person refused to disclose evidence to another person who requested the evidence.
    • After refusing to disclose the evidence, the person complied with or responded to a valid court order or valid subpoena received by the person to disclose the evidence.