§ 80-2-611 — False reports -- Investigation -- Notice of penalty.

(1) The division may conduct an investigation to determine whether a report under Section 80-2-602 or 80-2-603 is false.
(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:
(2)(a) the report is false;
(2)(b) it is more likely than not that the person knew the report was false at the time that person made the report; and
(2)(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:
(3)(a) the division's determination made under Subsection (2);
(3)(b) the penalty for submitting false information under Section 76-8-506 and other applicable laws; and
(3)(c) the obligation of the division under Subsection (4) to inform law enforcement and the person alleged to have committed abuse or neglect.
(4) The division:
(4)(a) subject to Subsection (4)(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); and
(4)(b) shall determine, in consultation with law enforcement:
(4)(b)(i) what information should be given to an alleged perpetrator relating to a false report; and
(4)(b)(ii) whether good cause exists, as defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not informing an alleged perpetrator about a false report.
(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.

Legislative History

Amended by Chapter 30, 2025 General Session