UTAH

This document may be freely copied, printed, or distributed for personal, nonprofit, governmental, or educational use, if the copy displays this permission statement with the copyright: © Pinion Feather Press, LLC, 2020, 2023.

WHO:        ANY person MUST report if s/he has reason to believe that a child has been subjected to abuse or neglect.  [Code Ann. § 62A-4a-403(1)(a)]

These are also mandatory (MUST report): health care providers, meaning: (a) individuals licensed in Utah under: the Nurse Practice Act (practical nurses and registered nurses); Medical Practice Act (physicians and surgeons); Nurse Midwife Practice Act (nurse midwife); Osteopathic Medical Practice Act (osteopathic physicians and osteopathic surgeons); Physician Assistant Act (physician assistants); Direct-Entry Midwife Act (licensed direct-entry midwife); and (b) unlicensed midwives.  [Code Ann. §§ 62A-4a-403(1)(a); 62A-4a-404(1)(a)]

·       STANDARD:  [Code Ann. §§ 62A-4a-403(1)(a); 62A-4a-404); 78A-6-105(6),(14)]                       Child means under age 18.

                              (1)      For any reporter: (a) has reason to believe that a child has been subjected to abuse or neglect; OR (b) observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect. Social workers also take reports of dependency (child homeless or without care by no one’s fault).

                              (2)      Also, for a health care provider: attends the birth of or cares for a newborn child (no more than 30 days old), and determines that:

(a)     The newborn is: (i) adversely affected by the mother’s substance abuse during pregnancy: (ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or (iii) demonstrates drug or alcohol withdrawal symptoms; or

(b)     The parent or a person responsible for the child’s care demonstrates functional impairment or an inability to care for the child as a result of their substance abuse. 

·       PRIVILEGE:  Clergy-confession privilege applies if (a) the confession was directly to the clergy member and (b) the member is bound to maintain confidentiality under canon law or church doctrine or practice. But clergy must report if they learn the same information from any other source. And and are not otherwise exempt from preventing from legally required efforts to prevent the perpetrator’s abuse or neglect. ALSO, physician-patient privilege is NOT a ground for excluding evidence of a child’s injuries or their cause from a proceeding based on a report made in good faith.  [Code Ann. §§ 62A-4a-403(2),(3); 62A-4a-412(5)]

WHEN:      For any reporter: IMMEDIATE.  [Code Ann. § 62A-4a-403(1)(a)]   Follow-up written report within 48 HOURS, if DCFS requests one.  [Code Ann. 62A-4a-408(1)]  Medical reporting about newborns: AS SOON AS POSSIBLE.  [Code Ann. § 62A-4a-404(2)]

WHERE & HOW:  Reports are to the nearest: (1) peace officer; (2) law enforcement agency; or (3) office of the Division of Child & Family Services (DCFS, who may request a follow-on written report).  [Code Ann. §§ 62A-4a-403(1)(a); 62A-4a-408(1)]  Note variations below.

Newborns:  Healthcare must report a newborn child’s alcohol, drug, or parental substance abuse issues to DCFS.  [Code Ann. § 62A-4a-404(2)]

Death: Anyone who has reason to believe that a child died as a result of abuse or neglect MUST report that to the LOCAL law enforcement agency and the appropriate medical examiner.  [Code Ann. § 62A-4a-405(1)]

Written Reports: A physician’s mandated report of incest or abuse must not mention if it is made in connection with abortion or consultation for one.  [Code Ann. § 62A-4a-408(2)]

Reporting Note: Except for follow-on write-up requests, the statutes do not specify or limit the reporting method. This may allow reports by phone, fax, mail, email, or in person.

CONTACT INFORMATION

·       For a child in immediate danger:              first, call 911

·       DCFS 24/7 Hotline:                                   1-855-323-3237  (= 1-855-323-DCFS)

o   Can accommodate Spanish speakers.

o   Address:  195 North 1950 West, DCFS State Office, Salt Lake City, UT 84116

o   Email:  dcfsintake@utah.gov                          Website:  https://dcfs.utah.gov/

o   Fax: (801) 538-3993

·       Peace officers / Law Enforcement Agencies directory:  https://www.usacops.com/ut/

·       Medical Examiner (ME): The Utah Office of the Medical Examiner (OME) serves the entire state, but Salt Lake County and Tooele County have their own MEs.

o   Utah OME contact information: 4451 South 2700 West, Taylorsville, UT 84129-8600; phone (801) 816-3850; fax (801) 964-1240 (M-F 8 am to 5 pm); online message https://ome.utah.gov/contact-us/contact-form

o   Directory for county MEs:  https://www.countyoffice.org/ut-medical-coroner/

OTHER ASPECTS

·       REPORT DETAILS: The report MUST include alleged abuse or neglect (and implicitly conditions or circumstances that led to suspicions). [Code Ann. § 62A-4a-403(1)(a)] 

o   DCFS wants at least (by fax, letter, email, etc.): (a) a narrative description of a specific incident or allegation of abuse, neglect, or dependency, including any that is out-of-home abuse; (b) identification of a victim under age 18 for each allegation (If it involve an unborn child but there are no threats to the safety of other children at home, the child must be born before a case can be opened); (c) an address or contact person for locating the child; (d) for every report DCFS also checks its databases, called SAFE and EREP.

o   Where possible, DCFS seeks the following info: (e). where the abuse, neglect, or dependency occurred; (f) when the incident occurred; (g) any witness to the incident; (h) physical evidence; (i) child’s name, address, phone number, birth date, and primary language; (j) parent’s name, address, phone number, birth date, and primary language; (k) alleged perpetrator’s name, address, phone number, and birth date (with sex offender registry info if allegations concern sexual abuse); (l) reporter’s name, address, and phone number (if not anonymous); (m) all known members of the immediate family/household, and any siblings not residing in the child’s home; (m) alleged perpetrator’s access to the child; (n) the child’s school/child care info and where the child can be located; (o) parent(s) employment info and schedule; (p) reporter’s source of info; (q) reporter’s willingness to testify; (r) special circumstances/precautions for investigation, such as adopted children who may need services; (s) other contacts; (t) history of domestic violence; (u) whether the family has had prior DCFS involvement, and the type and assigned caseworker if there is an open case. 

·       REPORTER PROTECTION: (1) Statutes do not require reports to name the reporter. (2) The reporter’s name and contact information are deleted prior to any release of records to the report’s subject or a parent of the child.  [Code Ann. § 62A-4a-412(3)(b)]  (3) Any reporter in good faith is immune from civil and criminal liability; but there is no immunity for (a) fraud, (b) willful misconduct, or (c) intentionally or knowingly: giving material false testimony under oath, fabricating evidence, or failing to disclose known relevant evidence when due.  [Code Ann. § 62A-4a-410(1),(3)]

WHY:        Willful failure (by any person, official, or institution) to report suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency is a class B misdemeanor. The statute of limitations is 4 years.  [Code Ann. § 62A-4a-411]

WHAT:      In Utah, child abuse includes nonaccidental harm, threatened harm, sexual exploitation, sexual abuse, human trafficking, and one natural parent causing the death of the child’s other natural parent. Child neglect includes abandonment, lack of proper parental care, failure or refusal to provide, risk of neglect or abuse, unregulated custody transfer, and educational neglect. Child dependency includes a child who is homeless and without care through no fault of the parents, guardian, or custodian.  [Code Ann. § 78A-6-105(1),(14),(40)]

Initial Screening Criteria (DCFS): (a) reasonable cause to suspect abuse, neglect, dependency, fetal alcohol newborn, fetal drug newborn, or substance-incapacitated parents of newborns; (b) whether the alleged perpetrator is a person responsible for the child’s care (DCFS’s scope); (c) whether the child needs immediate protection (Priority 1) (d) whether a child who does not need immediate protection is at risk of further abuse, neglect, or dependency (Priority 2); (e) whether physical evidence is at risk of being lost (also Priority 2); and (f) everything else (Priority 3).  [Code Ann. § 62A-4a-409(1); Admin. Code R512-200-3(1),(2)]

Reportable: (a) a natural parent for causing the death of the child’s other natural parent; (b) a parent or guardian for ABUSES, including consenting to or permitting sexual exploitation, or NEGLECT, particularly by abandonment or educational neglect; (c) a parent, guardian, or custodian, for ABUSES or for NEGLECT by lack of proper parental care, failure or refusal to provide, risk of neglect or abuse, or unregulated custody transfer; (d) anyone for ABUSE by nonaccidental harm, threatened harm, sexual exploitation, sexual abuse, or human trafficking; or (e) a child who is DEPENDENT.  [Code Ann. § 78A-6-105(1),(14),(40)]

·        A person responsible for a child's care means the child's parent, guardian, or other person responsible for the child's care, whether in: (a) the same home as the child; (b) a relative's home; (c) a group, family, or center daycare facility; (d) a foster care home; or (e) a residential institution.  [Code Ann. § 62A-4a-402(1)]

Child Abuse means any of:  [Code Ann. § 78A-6-105(1)]

(A)     Nonaccidental harm:  SERIOUS PHYSICAL INJURY does any of: (a) seriously impairs health; (b) physically tortures; (c) seriously harms emotionally; or (d) involves a substantial risk of death. It includes: (i) bone fracture; (ii) intracranial bleeding or brain swelling or contusion, by blows, shaking, or banging a head; (iii) any burns or scalding; (iv) any injury by a dangerous weapon; (v) any combination of physical injuries by the same person, simultaneously or on different occasions; (vi) any internal organ damage; (vii) any severe harm to emotions, development, intellectual ability, or function; (viii) any permanent disfigurement or protracted loss or impairment of function in a body member, limb, or organ; (ix) impediment to breathing or circulation; (x) any starvation, failure to thrive, or bad malnutrition; or (xi) unlawfully inflicting unconsciousness.  [Code Ann. § 76-5-109(1)(f)]

(B)     Threatened harm: HARM means any of: (a) physical or developmental injury or damage; (b) emotional damage resulting in serious impairment in the child's growth, development, behavior, or psychological functioning; (c) sexual abuse; or (d) sexual exploitation.  [Code Ann. § 78A-6-105(29)])

(C)    Sexual exploitation, meaning to: [Code Ann. § 78A-6-105(54)];

                                 (1)     EMPLOY, use, persuade, induce, entice, or coerce any child to: (A) pose nude for anyone’s sexual arousal; and/or (B) engage in actual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying it;

                                 (2)     DISPLAY, distribute, possess for distribution, or sell material depicting a child as above in the nude or actual or simulated sexual conduct; or

                                 (3)     CRIMINALLY sexually exploit a child, whether charged or convicted or not: (a) (for anyone) to knowingly produce, possess, or possess with intent to distribute, intentionally distribute, or view child porn; or (b) as the parent or legal guardian, to knowingly consent to or permit it.  [Code Ann. § 76-5b-201(1)]

(D)    Sexual abuse, meaning any of: [Code Ann. § 78A-6-105(53)];

                                 (1)     Actual or attempted sexual intercourse, sodomy, or incest, by an adult;

                                 (2)     Actual or attempted sexual intercourse, sodomy, or incest, by another child involving any of: (A) force or coercion; (B) a child relative, including by marriage or adoption; (C) repeated incidents of sexual contact between the two if not both age 14 or older; or (D) a disparity in chronological age of 4 or more years.

                                 (3)     Sex crimes, even uncharged: (A) sex crimes; (B) child bigamy; (C) incest; (D) lewdness; (E) sexual battery; (F) lewdness with a child; or (G) voyeurism; or

                                 (4)     Making a child participate in a sexual relationship – or threatening to do so – regardless of whether it is part of a legal or cultural marriage.

                                 (5)     CONTEXT, the age of consent is 18. Sex with a child under age 14 is a crime. (a) a child age 14, 15, 16, or 17 may consent to someone less than 3 years older, if not forced, threatened, enticed or coerced. (b) A child age 16 or 17 may consent to someone less than 7 years older; reasonable mistake of age is a defense for a partner 7, 8 or 9 years older. (c) An older person’s deception in professional diagnosis, counseling, or treatment cancels consent. (d) There is no consent to a parent, stepparent (during the marriage), adoptive parent, legal guardian, or person in a position of trust.  [Code Ann. §§ 76-5-406(2); 76-5-401.2]

                                 (6)     CONTEXT: incest means intercourse or providing a human egg or seminal fluid, knowing the other person is one’s ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin. These include any of: (a) whole or half blood, legitimate or not; (b) parent-adoptive child; and (c) stepparent-stepchild while the marriage that created it exists.  [Code Ann. § 78A-6-105(30)]

                                 (7)     CONTEXT: lewdness means an act in public or knowing that it will affront or alarm someone present age 14 or older: (A) intercourse or sodomy; (B) exposing one’s genitals, female breast below the top of the areola, buttocks, anus, or pubic area; (C) masturbation; or (D) any other lewdness.  [Code Ann. § 76-9-702(1)]

                                 (8)     CONTEXT: sexual battery is intentionally touching, through clothes or not, another’s anus, buttocks, genitals, or female breast, knowing (or should) that it will affront or alarm him/her.  [Code Ann. § 76-9-702.1(1)]

                                 (9)     CONTEXT: voyeurism means secretly recording another person’s body or part of it, clothed or not, when they reasonably expect privacy, do not consent, and are unaware.  [Code Ann. § 76-9-702.7(1)]

(E)     Human trafficking, meaning to recruit, harbor, transport, obtain, patronize, or solicit a child for sexual exploitation or forced labor.  [76-5-308.5(2)]

(F)     One natural parent causing the death of another natural parent of the child: (a) intentionally, knowingly, or recklessly; or (b) being the primary suspect for it: or (c) being prosecuted for it; or (d) has been convicted for it.

It is NOT child abuse to do any of the following:  [Code Ann. § 78A-6-105(1)]

(A)     Reasonable discipline or management, such as withholding privileges;

(B)     Using justified conduct: (a) in defense of persons or property; (b) in reasonable fulfillment of government duties; (c) in reasonable discipline of minors by parents, guardians, teachers, or others acting [in place of a parent]; (d) in reasonable discipline of persons in custody; or (e) when otherwise justified under state law; but only if it does NOT kill or seriously injure a child;  [Code Ann. § 76-2-401]

(C)    Using reasonable, necessary physical restraint or force on a child: (a) in self-defense; (b) in defense of others; (c) to protect the child; or (d) to remove a weapon in the child’s possession for any of these reasons.

Child Neglect means action or inaction causing any of:  [Code Ann. § 78A-6-105(40)]

(A)     Abandonment, meaning a parent or legal guardian:  [Code Ann. § 76-5-109(1)(b)]

(1)     Intentionally both (a) ceases to maintain physical custody and (b) fails to make reasonable arrangements for the child’s safety, care, and physical custody; AND

(2)     Intentionally does at least one of: (a) fails to provide the child with food, shelter, or clothing; (b) manifests an intent not to permanently resume physical custody; or (iii) for at least 30 days does not resume physical custody and manifests no genuine intent to resume it. 

(3)     CAVEAT: It is NOT child abandonment to (a) safely relinquish a newborn child at a hospital, when done by a parent or parent’s designee (62A-4a-802(1)(a)); (b) consent to a child’s legal adoption; or (c) consent to legal termination of parental rights or a guardianship.

(B)     Lack of proper parental care due to fault or habits of parent, guardian, or custodian;

(C)     Failure or refusal by a parent, guardian, or custodian to provide proper or necessary subsistence, medical care, or other care needed for health, safety, morals, or well-being;

(D)     Risk of neglect or abuse because another child in the same home is neglected or abused;

(E)     Abandonment through an unregulated custody transfer; or

(F)     Educational neglect, meaning the parent or guardian fails to make a good-faith effort to ensure the child receives an appropriate education after receiving a violation notice as to compulsory education.  [Code Ann. § 78A-6-105(20)]

It is NOT child neglect to do any of the following:  [Code Ann. § 78A-6-105(40)]

(A)     Declining to provide specified medical treatment for the child, by a parent or guardian, due to legitimately practicing religious beliefs.

(B)     A health care decision for the child, by a parent or guardian, unless the state or another shows clear and convincing evidence why it is not reasonable and informed.

(C)     Getting a second medical opinion, when the parent or guardian seeks it.

(D)     Permitting a child (1) whose basic needs are met and (2) who is of sufficient age and maturity to avoid harm or unreasonable risk, to engage in independent activities such as: (a) going to and from school, e.g., by walking, running, or biking; (b) traveling to and from nearby commercial or recreational facilities; (c) outdoor play; (d) remaining unattended in a vehicle* or at home; or (e) similar acts.

                                 (1)     For unsupervised children under age 9 in vehicles, weather conditions may risk hypothermia, hyperthermia, or dehydration.  [See Code Ann. § 76-10-2202(2)]

A Dependent Child includes a child who is homeless or without proper care through no fault of the child's parent, guardian, or custodian.  [Code Ann. § 78A-6-105(14)]