1     
CHILD ABUSE REPORTING REQUIREMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
House Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill modifies the clergy exemption related to reporting requirements for child
10     abuse and neglect.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that the clergy exemption for the required reporting of child abuse or
14     neglect does not apply if a clergy member has reason to believe that abuse or neglect
15     is ongoing or is likely to occur again;
16          ▸     requires a member of the clergy to report information about child abuse or neglect if
17     the clergy member discloses the information to a third party in certain
18     circumstances; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          80-2-602, as renumbered and amended by Laws of Utah 2022, Chapter 334
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 80-2-602 is amended to read:
30          80-2-602. Child abuse and neglect reporting requirements -- Exceptions.
31          (1) Except as provided in Subsection (3), if a person, including an individual licensed
32     under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice
33     Act, has reason to believe that a child is, or has been, the subject of abuse or neglect, or
34     observes a child being subjected to conditions or circumstances that would reasonably result in
35     abuse or neglect, the person shall immediately report the suspected abuse or neglect to the
36     division or to the nearest peace officer or law enforcement agency.
37          (2) (a) (i) If a peace officer or law enforcement agency receives a report under
38     Subsection (1), the peace officer or law enforcement agency shall immediately notify the
39     nearest office of the division.
40          (ii) If the division receives a report under Subsection (1), the division shall
41     immediately notify the appropriate local law enforcement agency.
42          (b) (i) The division shall, in addition to the division's own investigation in accordance
43     with Section 80-2-701, coordinate with the law enforcement agency on an investigation
44     undertaken by the law enforcement agency to investigate the report of abuse or neglect under
45     Subsection (1).
46          (ii) If a law enforcement agency undertakes an investigation of a report under
47     Subsection (1), the law enforcement agency shall provide a final investigatory report to the
48     division upon request.
49          (3) Subject to Subsection (4), the reporting requirement described in Subsection (1)
50     does not apply to:
51          (a) a member of the clergy, with regard to any confession made to the member of the
52     clergy while functioning in the ministerial capacity of the member of the clergy and without the
53     consent of the individual making the confession, if:
54          (i) the perpetrator made the confession directly to the member of the clergy; and
55          (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
56     to maintain the confidentiality of the confession; or
57          (b) an attorney, or an individual employed by the attorney, if the knowledge or belief of
58     the suspected abuse or neglect of a child arises from the representation of a client, unless the

59     attorney is permitted to reveal the suspected abuse or neglect of the child to prevent reasonably
60     certain death or substantial bodily harm in accordance with Utah Rules of Professional
61     Conduct, Rule 1.6.
62          (4) (a) When a member of the clergy receives information about abuse or neglect from
63     any source other than confession of the perpetrator, the member of the clergy is required to
64     report the information even if the member of the clergy also received information about the
65     abuse or neglect from the confession of the perpetrator.
66          (b) The exception in Subsection (3)(a) does not apply to a member of the clergy if the
67     member of the clergy:
68          (i) has reason to believe that the confessed abuse or neglect is ongoing or is likely to
69     occur again in the future; or
70          (ii) discloses the confession to a third party and the disclosure is not reasonably
71     necessary for the clergy to fulfill their ministerial duties toward the individual making the
72     confession.
73          [(b)] (c) Exemption of the reporting requirement for an individual described in
74     Subsection (3) does not exempt the individual from any other efforts required by law to prevent
75     further abuse or neglect by the perpetrator.
76          (5) The physician-patient privilege does not:
77          (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
78     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
79     under this section; or
80          (b) constitute grounds for excluding evidence regarding the child's injuries, or the
81     cause of the child's injuries, in a judicial or administrative proceeding resulting from a report
82     under this section.