| (1) |
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Terms Used In Utah Code 80-2-610- Abuse: means :
| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102- Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
- Child protection team: means a team consisting of:
| (a) | the child welfare caseworker assigned to the case; |
| (b) | if applicable, the child welfare caseworker who made the decision to remove the child; |
| (c) | a representative of the school or school district where the child attends school; |
| (d) | if applicable, the law enforcement officer who removed the child from the home; |
| (e) | a representative of the appropriate Children's Justice Center, if one is established within the county where the child resides; |
| (f) | if appropriate, and known to the division, a therapist or counselor who is familiar with the child's circumstances; |
| (g) | if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides; and |
| (h) | any other individuals determined appropriate and necessary by the team coordinator and chair. See Utah Code 80-1-102- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Neglect: means action or inaction causing:
| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. See Utah Code 80-1-102- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Oath: A promise to tell the truth.
- Person: means :Utah Code 68-3-12.5
- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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| (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. |
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| (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. |
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| (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). |
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Renumbered and Amended by Chapter 334, 2022 General Session
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