Full text of Utah Utah Code § 80-2-610 — Immunity from liability for a report -- Exception., with citation guidance and answers to common questions.
§ 80-2-610. Immunity from liability for a report -- Exception.
Effective 9/1/2022
80-2-610.
Immunity from liability for a report -- Exception.
| (1) |
| (a) |
A person who in good faith makes a report under Section 80-2-602, 80-2-603, or 80-2-604, or who otherwise notifies the division or a peace officer or law enforcement agency of suspected abuse or neglect of a child, is immune from civil and criminal liability in connection with the report or notification. |
| (b) |
Except as provided in Subsection (3), a person taking a photograph or X-ray, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective custody in accordance with Chapter 2a, Removal and Protective Custody of a Child, is immune from civil or criminal liability in connection with those actions. |
|
| (3) |
The immunity described in Subsection (1)(b) does not apply if the person:
| (a) |
acted or failed to act through fraud or willful misconduct; |
| (b) |
in a judicial or administrative proceeding, intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony material to the issue or matter of inquiry in the proceeding; |
| (c) |
intentionally or knowingly fabricated evidence; or |
| (d) |
except as provided in Subsection (4), intentionally or knowingly with a conscious disregard for the rights of others, failed to disclose evidence that was known by the person to be relevant to a material issue or matter of inquiry in:
| (i) |
a pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding; or |
| (ii) |
a judicial or administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or counsel for a party to the proceeding. |
|
|
| (4) |
Immunity is not lost under Subsection (3)(d), if the person:
| (a) |
failed to disclose evidence described in Subsection (3)(d), because the person is prohibited by law from disclosing the evidence; or |
| (b) |
| (i) |
in accordance with the provisions of 45 C.F.R. 164.502(g)(5), refused to disclose evidence described in Subsection (3)(d) to another person who requested the evidence; and |
| (ii) |
after refusing to disclose the evidence under Subsection (4)(b)(i), complied with or responded to a valid court order or valid subpoena received by the person to disclose the evidence described in Subsection (3)(d). |
|
|
Renumbered and Amended by Chapter
334, 2022 General Session
Frequently Asked Questions About Utah § 80-2-610
What does Utah Code § 80-2-610 cover?
Section 80-2-610 ("Immunity from liability for a report -- Exception.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-2-610?
A common citation format is "Utah Code § 80-2-610" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-2-610 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
