1     
CHILD ABUSE REPORTING AMENDMENTS

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2020 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Angela Romero

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to reporting requirements for child abuse and
10     neglect.
11     Highlighted Provisions:
12          This bill:
13          ▸     deletes provisions that exempt, under certain circumstances, a member of the clergy
14     from being required to report child abuse and neglect; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          62A-4a-403, as last amended by Laws of Utah 2018, Chapter 91
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 62A-4a-403 is amended to read:
26          62A-4a-403. Reporting requirements.
27          (1) [(a) Except as provided in Subsection (2), when any] Any individual[, including an
28     individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67,
29     Utah Medical Practice Act, has] who has reason to believe that a child has been subjected to
30     abuse or neglect, or observes a child being subjected to conditions or circumstances that would
31     reasonably result in abuse or neglect, [that individual] shall immediately report the alleged
32     abuse or neglect to the nearest peace officer, law enforcement agency, or office of the division.
33          [(b)] (2) Upon receipt of a report described in Subsection (1)[(a)], the peace officer or
34     law enforcement agency shall immediately notify the nearest office of the division. If an initial
35     report of abuse or neglect is made to the division, the division shall immediately notify the
36     appropriate local law enforcement agency.
37          [(c)] (3) The division shall, in addition to [its] the division's own investigation, comply
38     with and lend support to investigations by law enforcement undertaken to investigate a report
39     described in Subsection (1)[(a)].
40          [(2) Subject to Subsection (3), the notification requirement described in Subsection
41     (1)(a) does not apply to a member of the clergy, with regard to any confession made to the
42     member of the clergy while functioning in the ministerial capacity of the member of the clergy
43     and without the consent of the individual making the confession, if:]
44          [(a) the perpetrator made the confession directly to the member of the clergy; and]
45          [(b) the member of the clergy is, under canon law or church doctrine or practice, bound
46     to maintain the confidentiality of that confession.]
47          [(3) (a) When a member of the clergy receives information about abuse or neglect from
48     any source other than confession of the perpetrator, the member of the clergy is required to
49     report that information even though the member of the clergy may have also received
50     information about abuse or neglect from the confession of the perpetrator.]
51          [(b) Exemption of the reporting requirement for a member of the clergy does not
52     exempt the member of the clergy from any other efforts required by law to prevent further
53     abuse or neglect by the perpetrator.]