| (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 80-1-102committed: means , unless specified otherwise:| (a) | with respect to a child, to transfer legal custody; and |
| (b) | with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102Neglect: 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 80-1-102Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.Person: means :Utah Code 68-3-12.5 |
| (2) |
The division shall send a certified letter to a person who makes a report of abuse or neglect that is placed into or included in any part of the Management Information System, if the division determines, at the conclusion of the division’s investigation, that:
| (b) |
it is more likely than not that the person knew the report was false at the time that person made the report; and |
| (c) |
the reporting person’s address is known or reasonably available. |
|
| (3) |
The certified letter described in Subsection (2) shall inform the reporting person of:
| (a) |
the division’s determination made under Subsection (2); |
| (b) |
the penalty for submitting false information under Section 76-8-506 and other applicable laws; and |
| (c) |
the obligation or ability of the division under Subsection (4) to inform law enforcement and the person alleged to have committed abuse or neglect:
| (i) |
in the present instance if the division considers an immediate referral of the reporting person to law enforcement to be justified by the facts; or |
| (ii) |
if the reporting person submits a subsequent false report involving the same alleged perpetrator or victim. |
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| (4) |
The division:
| (a) |
may inform law enforcement and the alleged perpetrator of a report for which a certified letter is required to be sent under Subsection (2), if an immediate referral is justified by the facts; |
| (b) |
shall inform law enforcement and the alleged perpetrator of a report for which a certified letter is required to be sent under Subsection (2) if a second letter is sent to the reporting person involving the same alleged perpetrator or victim; and |
| (c) |
shall determine, in consultation with law enforcement:
| (i) |
what information should be given to an alleged perpetrator relating to a false report; and |
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| (5) |
This section does not require the division to conduct an investigation beyond what is described in Subsections (1) and (2), to determine whether a report is false. |
Renumbered and Amended by Chapter 334, 2022 General Session
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