Utah § 80-2-610 Immunity from liability for a report -- Exception.

Utah Statutes

§ 80-2-610 — Immunity from liability for a report -- Exception.

Utah § 80-2-610

Title 80Utah Juvenile Code

Ch. 80-2Child Welfare Services

Part 80-2-6Child Abuse and Neglect Reports

This text of Utah § 80-2-610 (Immunity from liability for a report -- Exception.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 80-2-610 (2026).

Text

(1)(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.

(1)(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.

(2)This section does not provide immunity with respect to an act or omission of a governmental employee except a

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(1) (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.
(1)(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.
(2) This section does not provide immunity with respect to an act or omission of a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(3) The immunity described in Subsection (1)(b) does not apply if the person:

(3)(a) acted or failed to act through fraud or willful misconduct;
(3)(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;
(3)(c) intentionally or knowingly fabricated evidence; or
(3)(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:
(3)(d)(i) a pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding; or
(3)(d)(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:

(4)(a) failed to disclose evidence described in Subsection (3)(d), because the person is prohibited by law from disclosing the evidence; or
(4)(b) (4)(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
(4)(b)(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).