Mandatory Reporting of Child Abuse and Neglect - Utah

Professionals Required to Report
Citation: Ann. Code § 80-2-602

Any person, including any person licensed under the Medical Practice Act or the Nurse Practice Act, is required to report. 

Training Requirements for Mandatory Reporters

Training for mandatory reporters is not addressed in the laws, policies, and online resources reviewed.

Reporting by Other Persons
Citation: Ann. Code § 80-2-602

Any person who has reason to believe that a child has been subjected to abuse or neglect must report. 

Institutional Responsibility to Report

This issue is not addressed in the statutes reviewed. 

Standards for Making a Report
Citation: Ann. Code § 80-2-602

A report is required when a person has reason to believe that a child has been subjected to abuse or neglect or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

Privileged Communications
Citation: Ann. Code § 80-2-602

The reporting requirement does not apply to the following:

• A member of the clergy regarding any confession made to them while functioning in their ministerial capacity and without the consent of the individual making the confession, if the following apply:
  • The perpetrator made the confession directly to the member of the clergy.
  • The member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of the confession.
• An attorney, or an individual employed by the attorney, if the knowledge or belief of the suspected abuse or neglect of a child arises from the representation of a client, unless the attorney is permitted to reveal the suspected abuse or neglect of the child to prevent reasonably certain death or substantial bodily harm.

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 the information even if the member of the clergy also received information about the abuse or neglect from the confession of the perpetrator.

Exemption of the reporting requirement for a clergy member or attorney does not exempt the individual from any other efforts required by law to prevent further abuse or neglect by the perpetrator.

The physician-patient privilege does not do either of the following:

• Excuse an individual who is licensed under title 58, chapter 67, Utah Medical Practice Act, or title 58, chapter 68, Utah Osteopathic Medical Practice Act, from reporting under this section
• Constitute grounds for excluding evidence regarding the child's injuries or the cause of the child's injuries in a judicial or administrative proceeding resulting from a report under this section

Inclusion of the Reporter's Name in the Report

The reporter is not specifically required by statute to provide their name in the report. 

Disclosure of the Reporter's Identity
Citation: Ann. Code §§ 80-2-608; 80-2-1005

Except as provided in §§ 80-2-611 (concerning a person who knowingly makes a false report) and 80-2-1005, the Division of Child and Family Services and a law enforcement agency shall ensure the anonymity of the person who makes the initial report under this part and any other person involved in the division's or law enforcement agency's subsequent investigation of the report.

In accordance with § 802-2-608 and except as provided in § 80-2-611, the division and a law enforcement agency shall ensure the anonymity of the person who makes the initial report of child abuse or neglect and any other person involved in the division's or law enforcement agency's subsequent investigation of the report.