62A-4a-401. Legislative purpose.

It is the purpose of this part to protect the best interests of children, offer protective services to prevent harm to children, stabilize the home environment, preserve family life whenever possible, and encourage cooperation among the states in dealing with the problem of abuse or neglect.

62A-4a-403. Reporting requirements.
(1)
(a) Except as provided in Subsection (2), when any individual, including an individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has reason to believe that a child has been subjected to abuse or neglect, or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, that individual shall immediately report the alleged abuse or neglect to the nearest peace officer, law enforcement agency, or office of the division.
(b) Upon receipt of a report described in Subsection (1)(a), the peace officer or law enforcement agency shall immediately notify the nearest office of the division. If an initial report of abuse or neglect is made to the division, the division shall immediately notify the appropriate local law enforcement agency.
(c) The division shall, in addition to its own investigation, comply with and lend support to investigations by law enforcement undertaken to investigate a report described in Subsection (1)(a).
(2) Subject to Subsection (3), the notification requirement described in Subsection (1)(a) does not apply to a member of the clergy, with regard to any confession made to the member of the clergy while functioning in the ministerial capacity of the member of the clergy and without the consent of the individual making the confession, if:
(a) the perpetrator made the confession directly to the member of the clergy; and
(b) the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession.
(3)
(a) When a member of the clergy receives information about abuse or neglect from any source other than confession of the perpetrator, the member of the clergy is required to report that information even though the member of the clergy may have also received information about abuse or neglect from the confession of the perpetrator.
(b) Exemption of the reporting requirement for a member of the clergy does not exempt the member of the clergy from any other efforts required by law to prevent further abuse or neglect by the perpetrator. 62A-4a-411. Failure to report — Criminal penalty.
Any person, official, or institution required to report a case of suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, who willfully fails to do so is guilty of a class B misdemeanor. Action for failure to report must be commenced within four years from the date of knowledge of the offense and the willful failure to report.

62A-4a-404. Fetal alcohol syndrome or spectrum disorder and drug dependency — Reporting requirements.

(1) As used in this section:

(a) “Health care provider” means:

(i) an individual licensed under:

(A) Title 58, Chapter 31b, Nurse Practice Act;

(B) Title 58, Chapter 44a, Nurse Midwife Practice Act;

(C) Title 58, Chapter 67, Utah Medical Practice Act;

(D) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(E) Title 58, Chapter 70a, Utah Physician Assistant Act; or

(F) Title 58, Chapter 77, Direct-Entry Midwife Act; or

(ii) an unlicensed individual who practices midwifery.

(b) “Newborn child” means a child who is 30 days of age or younger.

(c) “Qualified medical provider” means the same as that term is defined in Section 26-61a-102.

(d) (i) “Substance abuse” means the misuse or excessive use of alcohol or other drugs or substances.

(ii) “Substance abuse” does not include use of drugs or other substances that are:

(A) obtained by lawful prescription and used as prescribed;

(B) obtained in accordance with Title 26, Chapter 61a, Utah Medical Cannabis Act, and used as recommended by a qualified medical provider.

(2) A health care provider who attends the birth of a newborn child or cares for a newborn child and determines any of the following, shall report the determination to the division as soon as possible:

(a) the newborn child:

(i) is adversely affected by the child’s mother’s substance abuse during pregnancy;

(ii) has fetal alcohol syndrome or fetal alcohol spectrum disorder; or

(iii) demonstrates drug or alcohol withdrawal symptoms; or

(b) the parent of the newborn child or a person responsible for the child’s care demonstrates functional impairment or an inability to care for the child as a result of the parent’s or person’s substance abuse.

62A-4a-405. Death of child–Reporting requirements.

(1) Any person who has reason to believe that a child has died as a result of abuse or neglect shall report that fact to:

(a) the local law enforcement agency, who shall report to the county attorney or district attorney as provided under Section 17-18a-202 or 17-18a-203; and

(b) the appropriate medical examiner in accordance with Title 26, Chapter 4, Utah Medical Examiner Act.

(2) After receiving a report described in Subsection (1), the medical examiner shall investigate and report the medical examiner’s findings to:

(a) the police;

(b) the appropriate county attorney or district attorney;

(c) the attorney general’s office;

(d) the division; and

(e) if the institution making the report is a hospital, to that hospital.

62A-4a-408. Written reports.

(1) Reports made pursuant to this part shall be followed by a written report within 48 hours, if requested by the division. The division shall immediately forward a copy of that report to the statewide central register, on forms supplied by the register.

(2) If, in connection with an intended or completed abortion by a minor, a physician is required to make a report of incest or abuse of a minor, the report may not include information that would in any way disclose that the report was made in connection with:

(a) an abortion; or

(b) a consultation regarding an abortion.

62A-4a-411. Failure to report — Criminal penalty.

Any person, official, or institution required to report a case of suspected abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, who willfully fails to do so is guilty of a class B misdemeanor. Action for failure to report must be commenced within four years from the date of knowledge of the offense and the willful failure to report.