Utah Code 77-38-204. Disclosure of confidential communications
Current as of: 2023 | Check for updates
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77-38-204. Disclosure of confidential communications.
The confidential communication between a victim and a sexual assault counselor is available to a third person only when:
The confidential communication between a victim and a sexual assault counselor is available to a third person only when:
| (1) | the victim is a minor and the counselor believes it is in the best interest of the victim to disclose the confidential communication to the victim’s parents; |
| (a) | is employed by or volunteers at a rape crisis and services center; |
| (b) | has a minimum of 40 hours of training in counseling and assisting victims of sexual assault; and |
| (c) | is under the supervision of the director or designee of a rape crisis and services center. See Utah Code 77-38-203 |
| (2) | the victim is a minor and the minor’s parents or guardian have consented to disclosure of the confidential communication to a third party based upon representations made by the counselor that it is in the best interest of the minor victim to make such disclosure; |
| (3) | the victim is not a minor, has given consent, and the counselor believes the disclosure is necessary to accomplish the desired result of counseling; or |
| (4) | the counselor has an obligation under Title 80, Chapter 2, Child Welfare Services, or Title 80, Chapter 2a, Removal and Protective Custody of a Child, to report information transmitted in the confidential communication. |
Amended by Chapter 99, 2023 General Session