1     
CHILD ABUSE REPORTING REVISIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
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          80-2-602, as renumbered and amended by Laws of Utah 2022, Chapter 334
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 80-2-602 is amended to read:
26          80-2-602. Child abuse and neglect reporting requirements -- Exceptions.
27          (1) Except as provided in Subsection (3), if a person, including an individual licensed
28     under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice
29     Act, has reason to believe that a child is, or has been, the subject of abuse or neglect, or
30     observes a child being subjected to conditions or circumstances that would reasonably result in
31     abuse or neglect, the person shall immediately report the suspected abuse or neglect to the
32     division or to the nearest peace officer or law enforcement agency.
33          (2) (a) (i) If a peace officer or law enforcement agency receives a report under
34     Subsection (1), the peace officer or law enforcement agency shall immediately notify the
35     nearest office of the division.
36          (ii) If the division receives a report under Subsection (1), the division shall
37     immediately notify the appropriate local law enforcement agency.
38          (b) (i) The division shall, in addition to the division's own investigation in accordance
39     with Section 80-2-701, coordinate with the law enforcement agency on an investigation
40     undertaken by the law enforcement agency to investigate the report of abuse or neglect under
41     Subsection (1).
42          (ii) If a law enforcement agency undertakes an investigation of a report under
43     Subsection (1), the law enforcement agency shall provide a final investigatory report to the
44     division upon request.
45          (3) [Subject to Subsection (4), the] The reporting requirement described in Subsection
46     (1) does not apply to[:(a) a member of the clergy, with regard to any confession made to the
47     member of the clergy while functioning in the ministerial capacity of the member of the clergy
48     and without the consent of the individual making the confession, if:(i) the perpetrator made the
49     confession directly to the member of the clergy; and(ii) the member of the clergy is, under
50     canon law or church doctrine or practice, bound to maintain the confidentiality of the
51     confession; or(b)] an attorney, or an individual employed by the attorney, if the knowledge or
52     belief of the suspected abuse or neglect of a child arises from the representation of a client,
53     unless the attorney is permitted to reveal the suspected abuse or neglect of the child to prevent
54     reasonably certain death or substantial bodily harm in accordance with Utah Rules of
55     Professional Conduct, Rule 1.6.
56          [(4) (a) When a member of the clergy receives information about abuse or neglect from
57     any source other than confession of the perpetrator, the member of the clergy is required to
58     report the information even if the member of the clergy also received information about the
59     abuse or neglect from the confession of the perpetrator.]
60          [(b) Exemption of the reporting requirement for an individual described in Subsection
61     (3) does not exempt the individual from any other efforts required by law to prevent further
62     abuse or neglect by the perpetrator.]
63          [(5)] (4) The physician-patient privilege does not:
64          (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
65     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
66     under this section; or
67          (b) constitute grounds for excluding evidence regarding the child's injuries, or the
68     cause of the child's injuries, in a judicial or administrative proceeding resulting from a report
69     under this section.