80-2-610. Immunity from liability for a report -- Exception.

431 words·~2 min read·/ut/title-80/chapter-2/80-2-610

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2022

(a)A person who in good faith makes a report under Section 80-2-602 , 80-2-603 , or 80-2-604 , or who otherwise notifies the division or 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.

(b)Except as provided in Subsection

(3), 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, Removal and Protective Custody of a Child , is immune from civil or criminal liability in connection with those actions.

(2)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 .

(3)The immunity described in Subsection (1)(b) does not apply if the person:

(a)acted or failed to act through fraud or willful misconduct;

(b)in a judicial or administrative proceeding, intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony material to the issue or matter of inquiry in the proceeding;

(c)intentionally or knowingly fabricated evidence; or

(d)except as provided in Subsection

(4), intentionally or knowingly with a conscious disregard for the rights of others, failed to disclose evidence that was known by the person to be relevant to a material issue or matter of inquiry in:

(i)a pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding; or

(ii)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.

(4)Immunity is not lost under Subsection (3)(d) , if the person:

(a)failed to disclose evidence described in Subsection (3)(d) , because the person is prohibited by law from disclosing the evidence; or

(i)in accordance with the provisions of 45 C.F.R. 164.502(g)(5), refused to disclose evidence described in Subsection (3)(d) to another person who requested the evidence; and

(ii)after refusing to disclose the evidence under Subsection (4)(b)(i) , complied with or responded to a valid court order or valid subpoena received by the person to disclose the evidence described in Subsection (3)(d) .

Renumbered and Amended by Chapter 334 , 2022 General Session