2nd Sub.
S.B.
98
AMENDMENTS - CHILD ABUSE DATABASE
House Floor
Amendments
Amendment 7 March 2, 1999 11:01 AM
Representative Walsh proposes the following amendments:
1. Page 1, Line 8: After the semicolon insert:
"ESTABLISHING A PROCEDURE FOR THE DEPARTMENT TO INFORM A PERSON WHO HAS KNOWINGLY MADE A FALSE CLAIM OF CHILD ABUSE OR NEGLECT OF POTENTIAL CRIMINAL PENALTIES;"
2. Page 7, Line 196: After line 196 insert:
"(7)(a) The division shall send a certified letter to a person who submitted a report of child abuse or neglect that is put onto any part of the management information system if the division determines, at the conclusion of its investigation, that:
(i) the report is false;
(ii) it is more likely than not that the person knew that the report was false at the time the person submitted the report; and
(iii) the person's address is known or reasonably available.
(b) The letter shall inform the person of:
(i) the determination made under Subsection (7)(a);
(ii) the penalty for submitting false information under Section 76-8-506 and other applicable laws;
(iii) the obligation of the division to inform law enforcement and the alleged perpetrator:
(A) in the present instance if an immediate referral is justified by the facts; or
(B) if the person submits a subsequent false report involving the same alleged perpetrator or victim.
(c)(i) The division may inform law enforcement and the alleged perpetrator of a report for which a letter is required to be sent under Subsection (7)(a) if an immediate referral is justified by the facts.
(ii) The division shall inform law enforcement and the alleged perpetrator of a report for which a letter is required to be sent under Subsection (7)(a) if this is the second letter sent to the person involving the same alleged perpetrator or victim.
(d) Nothing in this Section (7) may be construed as requiring the division to conduct an investigation, beyond what is required in
Subsection (7)(a), to determine whether or not a report is false."