Clergy as Mandatory Reporters of Child Abuse and Neglect

Citation: Utah Code Ann. § 62A-4a-403
When any person has reason to believe that a child has been subjected to abuse or neglect, or who observes a child being subjected to conditions or circumstances that reasonably would result in abuse or neglect, he or she shall immediately notify the nearest peace officer, law enforcement agency, or office of the division.

The notification requirements do not apply to a clergy member or priest, without the consent of the person making the confession, with regard to any confession made to him or her in his or her professional character in the course of discipline enjoined by the church to which he or she belongs if:

• The confession was made directly to the clergy member or priest by the perpetrator.

• The clergy member or priest is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession.

When the clergy member or priest receives information about abuse or neglect from any source other than confession of the perpetrator, he or she is required to give notification on the basis of that information, even though he or she may have also received a report of abuse or neglect from the confession of the perpetrator.

Exemption of notification requirements for a clergy member or priest does not exempt him or her from any other efforts required by law to prevent further abuse or neglect by the perpetrator.

 

Mandatory Reporters of Child Abuse and Neglect

Professionals Required to Report
Citation: Ann. Code § 62A-4a-403
Any person licensed under the Medical Practice Act or the Nurse Practice Act is required to report.

Reporting by Other Persons
Citation: Ann. Code § 62A-4a-403
Any person who has reason to believe that a child has been subjected to abuse or neglect must report.

Institutional Responsibility to Report
Not addressed in statutes reviewed.

Standards for Making a Report
Citation: Ann. Code § 62A-4a-403

A report is required when:

• A person has reason to believe that a child has been subjected to abuse or neglect.

• A person observes a child being subjected to conditions or circumstances that would reasonably result in sexual abuse, physical abuse, or neglect.

Privileged Communications
Citation: Ann. Code §§ 62A-4a-403; 62A-4a-412(5)
The requirement to report does not apply to a clergy member or priest without the consent of the person making the confession, with regard to any confession made to the clergy member or priest in his or her professional character in the course of discipline enjoined by the church.The physician-patient privilege is not a ground for excluding evidence regarding a child's injuries or the cause of those injuries in any proceeding resulting from a report made in good faith pursuant to this part.

Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.

Disclosure of Reporter Identity
Citation: Ann. Code § 62A-4a-412(3)(b)
The name and contact information of the reporter shall be deleted prior to any release of records to the subject of the report.

Updated 06/01/2016

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