John T. Ault, Ph.D.
Last updated: 1 March 2005
Child Abuse
62A-4a-401. Legislative purpose.
It is the purpose of this part to protect the best interests of children, offer protective services to prevent harm to children, stabilize the home environment, preserve family life whenever possible, and encourage cooperation among the states in dealing with the problem of child abuse. (As revised by the Legislature Wednesday, May 26, 2004)
62A-4a-402. Definitions.
(1) "A person responsible for a child's care" means the child's parent, guardian, or other person responsible for the child's care, whether in the same home as the child, a relative's home, a group, family, or center day care facility, a foster care home, or a residential institution.
(2) "Child" means a person under 18 years of age.
(3) "Child abuse or neglect" means causing harm or threatened harm to a child's health or welfare.
(4) "Harm or threatened harm" means damage or threatened damage to the physical or emotional health and welfare of a child through neglect or abuse, and includes but is not limited to:
(a) causing nonaccidental physical or mental injury;
(b) incest;
(c) sexual abuse;
(d) sexual exploitation;
(e) molestation; or
(f) repeated negligent treatment or maltreatment.
(5) "Incest" means having sexual intercourse with a person whom the perpetrator knows to be his or her ancestor, descendant, brother, sister, uncle, aunt, nephew, niece, or first cousin. The relationships referred to in this subsection include blood relationships of the whole or half blood without regard to legitimacy, and include relationships of parent and child by adoption, and relationships of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists.
(6) "Molestation" means touching the anus or any part of the genitals of a child or otherwise taking indecent liberties with a child, or causing a child to take indecent liberties with the perpetrator or another with the intent to arouse or gratify the sexual desire of any person.
(7) "Sexual abuse" means acts or attempted acts of sexual intercourse, sodomy, or molestation directed towards a child.
(8) "Sexual exploitation of minors" means knowingly employing, using, persuading, inducing, enticing or coercing any minor to pose in the nude for the purpose of sexual arousal of any person or for profit, or to engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct, and includes displaying, distributing, possessing for the purpose of distribution, or selling material depicting minors in the nude or engaging in sexual or simulated sexual conduct.
(9) "Subject" or "subject of the report" means any person reported under this part, including, but not limited to, a child, parent, guardian, or other person responsible for a child's care. (As revised by the Legislature Wednesday, May 26, 2004)
62A-4a-403. Reporting requirements.
(1) Except as provided in Subsection (2), when any person including persons licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 31b, Nurse Practice Act, has reason to believe that a child has been subjected to incest, molestation, sexual exploitation, sexual abuse, physical abuse, or neglect, or who observes a child being subjected to conditions or circumstances which would reasonably result in sexual abuse, physical abuse, or neglect, he shall immediately notify the nearest peace officer, law enforcement agency, or office of the division. On receipt of this notice, the peace officer or law enforcement agency shall immediately notify the nearest office of the division. If an initial report of child abuse or neglect is made to the division, the division shall immediately notify the appropriate local law enforcement agency. The division shall, in addition to its own investigation, comply with and lend support to investigations by law enforcement undertaken pursuant to a report made under this section.
(2) The notification requirements of Subsection (1) do not apply to a clergyman or priest, without the consent of the person making the confession, with regard to any confession made to him in his professional character in the course of discipline enjoined by the church to which he belongs, if:
(a) the confession was made directly to the clergyman or priest by the perpetrator; and
(b) the clergyman or priest is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession.
(3) (a) When a clergyman or priest receives information about abuse or neglect from any source other than confession of the perpetrator, he is required to give notification on the basis of that information even though he may have also received a report of abuse or neglect from the confession of the perpetrator.
(b) Exemption of notification requirements for a clergyman or priest does not exempt a clergyman or priest from any other efforts required by law to prevent further abuse or neglect by the perpetrator. (As revised by the Legislature Wednesday, May 26, 2004)
62A-4a-411. Failure to report -- Criminal penalty.
Any person, official, or institution required to report a case of suspected child abuse, child sexual abuse, neglect, fetal alcohol syndrome, or fetal drug dependency, who willfully fails to do so is guilty of a class B misdemeanor. Action for failure to report must be commenced within four years from the date of knowledge of the offense and the willful failure to report.
Conviction for a Class B misdemeanor can result in imprisonment not exceeding six months and a fine not exceeding $1,000 (As revised by the Legislature 13 July 2004).
62A-4a-116.3. False reports -- Penalties.
(1) The division shall send a certified letter to any person who submits a report of child 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 its investigation, that:
(a) the report is false;
(b) it is more likely than not that the person knew the report was false at the time that person submitted the report; and
(c) the reporting person's address is known or reasonably available.
(2) The letter shall inform the reporting person of:
(a) the division's determination made under Subsection (1);
(b) the penalty for submitting false information under Section 76-8-506 and other applicable laws; and
(c) the obligation of the division to inform law enforcement and the person alleged to have committed abuse or neglect:
(i) in the present instance if law enforcement 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.
(3) The division may inform law enforcement and the alleged perpetrator of a report for which a letter is required to be sent under Subsection (1), if an immediate referral is justified by the facts.
(4) The division shall inform law enforcement and the alleged perpetrator of a report for which a letter is required to be sent under Subsection (1) if a second letter is sent to the reporting person involving the same alleged perpetrator or victim.
(5) The division shall determine, in consultation with law enforcement:
(a) what information should be given to an alleged perpetrator relating to a false report; and
(b) whether good cause exists, as defined by the division by rule, for not informing an alleged perpetrator about a false report.
(6) Nothing in this section may be construed as requiring the division to conduct an investigation beyond what is described in Subsection (1), to determine whether or not a report is false. (As revised by the Legislature Tuesday, July 13, 2004)
76-8-506. Providing false information to law enforcement officers, government agencies, or specified professionals.
A person is guilty of a class B misdemeanor if he:
(1) knowingly gives or causes to be given false information to any peace officer with a purpose of inducing the officer to believe that another has committed an offense; or
(2) knowingly gives or causes to be given to any peace officer, any state or local government agency or personnel, or to any person licensed in this state to practice social work, psychology, or marriage and family therapy, information concerning the commission of an offense, knowing that the offense did not occur or knowing that he has no information relating to the offense or danger. (As revised by the Legislature Tuesday, July 13, 2004)
Vulnerable Adult Abuse
62A-3-302. Purpose of Adult Protective Services Program.
Adult Protective Services shall investigate or cause to be investigated reports of alleged abuse, neglect, or exploitation of vulnerable adults occurring in all settings and, where appropriate, shall provide short-term, limited protective services with the permission of the affected vulnerable adult or the guardian or conservator of the vulnerable adult. The division may promulgate rules and develop procedures and policies to be used in reporting incidents of abuse, neglect, or exploitation, and in investigating and providing protective services to the extent that funds are appropriated by the Legislature. (Repealed and Re-enacted by Chapter 108, 2002 General Session)
62A-3-301. Definitions.
As used in this part:
(1) "Abandonment" means any knowing or intentional action or inaction, including desertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.
(2) "Abuse" means:
(a) attempting to cause harm, intentionally or knowingly causing harm, or intentionally or knowingly placing another in fear of imminent harm;
(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the adult;
(c) emotional or psychological abuse;
(d) sexual offense as described in Title 76, Chapter 5, Offenses Against the Person; or
(e) deprivation of life sustaining treatment, except:
(i) as provided in Title 75, Chapter 2, Part 11, Personal Choice and Living Will Act; or
(ii) when informed consent, as defined in Section 76-5-111, has been obtained.
(3) "Adult" means a person who is 18 years of age or older.
(4) "Adult protection case file" means documents and information contained in the file maintained by Adult Protective Services on a particular case, including any report or other notification received by the division or Adult Protective Services.
(5) "Adult Protective Services" means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services.
(6) "Caretaker" means any person, entity, corporation, or public institution that assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, or other necessities. "Caretaker" includes a relative by blood or marriage, a household member, a person who is employed or who provides volunteer work, or a person who contracts or is under court order to provide care.
(7) "Counsel" means an attorney licensed to practice law in this state.
(8) "Elder abuse" means abuse, neglect, or exploitation of an elder adult.
(9) "Elder adult" means a person 65 years of age or older.
(10) "Emergency" means a circumstance in which a vulnerable adult is at an immediate risk of death or serious physical injury or is at risk of immediate, serious harm. Risk of immediate, serious harm includes exploitation that results in the inability of a vulnerable adult to provide funds for immediate needs, including food, shelter, and necessary medical care.
(11) "Emotional or psychological abuse" means intentional or knowing verbal or nonverbal conduct directed at a vulnerable adult including ridiculing, intimidating, yelling, swearing, threatening, isolating, coercing, harassing, or other forms of intimidating behavior that results or could result in the vulnerable adult suffering mental anguish or emotional distress, including fear, humiliation, degradation, agitation, confusion, or isolation.
(12) "Exploitation" means the offense described in Subsection 76-5-111(4).
(13) "Harm" means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally.
(14) "Intimidation” means communication through verbal or nonverbal conduct which threatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision, health care, or companionship, or which threatens isolation or abuse.
(15) (a) "Isolation” means knowingly or intentionally preventing a vulnerable adult from having contact with another person by:
(i) preventing the vulnerable adult from receiving visitors, mail, or telephone calls, contrary to the express wishes of the vulnerable adult, including communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;
(ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or
(iii) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members.
(b) The term "isolation" does not include an act intended to protect the physical or mental welfare of the vulnerable adult or an act performed pursuant to the treatment plan or instructions of a physician or other professional advisor of the vulnerable adult.
(16) "Lacks capacity to consent" has the meaning as provided in Section 76-5-111.
(17) "Neglect" means:
(a) (i) failure of a caretaker to provide nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care; or
(ii) failure to provide protection from health and safety hazards or maltreatment;
(b) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
(c) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;
(d) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;
(e) self-neglect by the vulnerable adult; or
(f) abandonment by a caretaker.
(18) "Physical injury” includes damage to any bodily tissue caused by nontherapeutic conduct, to the extent that the tissue must undergo a healing process in order to be restored to a sound and healthy condition, or damage to any bodily tissue to the extent that the tissue cannot be restored to a sound and healthy condition. "Physical injury" includes skin bruising, a dislocation, physical pain, illness, impairment of physical function, a pressure sore, bleeding, malnutrition, dehydration, a burn, a bone fracture, a subdural hematoma, soft tissue swelling, injury to any internal organ, or any other physical condition that imperils the health or welfare of a vulnerable adult and is not a serious physical injury as defined in this section.
(19) "Protected person" means a vulnerable adult for whom the court has ordered protective services, including a vulnerable adult for whom emergency protective services have been established under the provisions of this chapter.
(20) "Protective services" means any services provided by Adult Protective Services to a vulnerable adult, either with the consent of the vulnerable adult or the vulnerable adult's guardian or conservator, or by court order, if that adult has been abused, neglected, exploited, or is in a state of self-neglect; protective services may include:
(a) an intake system for receiving and screening reports;
(b) investigation of referrals in accordance with statutory and policy guidelines;
(c) protective needs assessment;
(d) coordination and referral to community resources for services; or
(e) short-term, limited services including emergency shelter or respite when family or other community resources are not available to provide protection.
(21) "Self-neglect” means the failure of a vulnerable adult to provide food, water, medication, health care, shelter, cooling, heating, safety, or other services necessary to maintain the vulnerable adult's well being when that failure is the result of the adult's mental or physical impairment. Choice of lifestyle or living arrangements may not, by themselves, be evidence of self-neglect.
(22) "Serious physical injury” has the meaning as provided in Section 76-5-111.
(23) "Substantiated" or "substantiation" means a finding, based upon a preponderance of the evidence, that there is a reasonable basis to conclude that abuse, neglect, or exploitation occurred, regardless of whether there is an identified perpetrator or current need for protective services. If more than one allegation is made or identified during the course of the investigation, any allegation determined to meet the criteria for substantiation requires a case finding of "substantiated."
(24) "Undue influence” occurs when a person uses the person's role, relationship, or power to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or fear of a vulnerable adult, or uses the person's role, relationship, or power to gain control deceptively over the decision making of the vulnerable adult.
(25) "Unsubstantiated" means a finding, based upon a preponderance of the evidence, that there is insufficient evidence to conclude that abuse, neglect, or exploitation occurred.
(26) "Vulnerable adult” means an elder adult, or an adult who has a mental or physical impairment which substantially affects that person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. (Amended by Chapter 131, 2003 General Session; Last revised: Tuesday, December 21, 2004)
62A-3-305. Reporting requirements -- Investigation -- Immunity -- Violation -- Penalty -- Physician-patient privilege -- Nonmedical healing.
(1) Any person who has reason to believe that any vulnerable adult has been the subject of abuse, neglect, or exploitation shall immediately notify Adult Protective Services intake or the nearest law enforcement agency. When the initial report is made to law enforcement, law enforcement shall immediately notify Adult Protective Services intake. Adult Protective Services and law enforcement shall coordinate, as appropriate, their efforts to provide protection to the vulnerable adult.
(2) When the initial report or subsequent investigation by Adult Protective Services indicates that a criminal offense may have occurred against a vulnerable adult, it shall notify the nearest local law enforcement agency. That law enforcement agency shall initiate an investigation in cooperation with Adult Protective Services.
(3) Anyone who in good faith makes a report or otherwise notifies a law enforcement agency, the division, or Adult Protective Services of suspected abuse, neglect, or exploitation is immune from civil and criminal liability in connection with the report or other notification.
(4) Any person who willfully fails to report suspected abuse, neglect, or exploitation of a vulnerable adult is guilty of a class B misdemeanor.
(5) Under circumstances not amounting to a violation of Section 76-8-508, a person who threatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report, a witness, the person who made the report, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a class B misdemeanor.
(6) The physician-patient privilege does not constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or the cause of those injuries, in any judicial or administrative proceeding resulting from a report made in good faith pursuant to this part.
(7) An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care. (Repealed and Re-enacted by Chapter 108, 2002 General Session)
Utah Communicable Disease Control Act
26-6-2. Definitions.
As used in this chapter:
(1) "Carrier" means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. The carrier state may occur in an individual with an infection that is inapparent throughout its course, commonly known as healthy or asymptomatic carrier, or during the incubation period, convalescence, and postconvalescence of an individual with a clinically recognizable disease, commonly known as incubatory carrier or convalescent carrier. Under either circumstance the carrier state may be of short duration, as a temporary or transient carrier, or long duration, as a chronic carrier.
(2) "Communicable disease" means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment.
(3) "Communicable period" means the time or times during which an infectious agent may be transferred directly or indirectly from an infected individual to another individual, from an infected animal to man, or from an infected man to an animal, including arthropods.
(4) "Contact" means an individual or animal having had association with an infected individual, animal, or contaminated environment so as to have had an opportunity to acquire the infection.
(5) "Epidemic" means the occurrence or outbreak in a community or region of cases of an illness clearly in excess of normal expectancy and derived from a common or propagated source. The number of cases indicating an epidemic will vary according to the infectious agent, size, and type of population exposed, previous experience or lack of exposure to the disease, and time and place of occurrence. Epidemicity is considered to be relative to usual frequency of the disease in the same area, among the specified population, at the same season of the year.
(6) "Incubation period" means the time interval between exposure to an infectious agent and appearance of the first sign or symptom of the disease in question.
(7) "Infected individual" means an individual who harbors an infectious agent and who has manifest disease or inapparent infection. An infected individual is one from whom the infectious agent can be naturally acquired.
(8) "Infection" means the entry and development or multiplication of an infectious agent in the body of man or animals. Infection is not synonymous with infectious disease; the result may be inapparent or manifest. The presence of living infectious agents on exterior surfaces of the body, or upon articles of apparel or soiled articles, is not infection, but contamination of such surfaces and articles.
(9) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease.
(10) "Infectious disease" means a disease of man or animals resulting from an infection.
(11) "Isolation" means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others.
(12) "Quarantine" means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission.
(13) "School" means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, headstart program, kindergarten, elementary, or secondary school through grade 12.
(14) "Sexually transmitted disease" means those diseases transmitted through sexual intercourse or any other sexual contact. (Amended by Chapter 211, 1996 General Session; Last revised: Wednesday, December 15, 2004)
26-6-3.5. Reporting AIDS and HIV infection -- Anonymous testing.
(1) Because of the nature and consequences of Acquired Immunodeficiency Syndrome and Human Immunodeficiency Virus infection, the department shall:
(a) require reporting of those conditions; and …
(3) For all purposes of this chapter, Acquired Immunodeficiency Syndrome and Human Immunodeficiency Virus infection are considered communicable and infectious diseases.
26-6-6. Duty to report individual suspected of having communicable disease.
The following shall report to the department or the local health department regarding any individual suffering from or suspected of having a disease that is communicable, as required by department rule:
(1) health care providers as defined in Section 78-14-3;
(2) facilities licensed under Title 26, Chapter 21, Health Care Facility Licensure and Inspection Act;
(3) health care facilities operated by the federal government;
(4) mental health facilities;
(5) care facilities licensed by the Department of Human Services;
(6) nursing homes and other care facilities;
(7) dispensaries, clinics, or laboratories that diagnose, test, or otherwise care for individuals who are suffering from a disease suspected of being communicable;
(8) individuals who have knowledge of others who have a communicable disease;
(9) individuals in charge of schools having responsibility for any individuals who have a disease suspected of being communicable; and
(10) child care programs, as defined in Section 26-39-102. (Amended by Chapter 143, 1998 General Session; Last revised: Wednesday, December 15, 2004)
Duty to Maintain and Break Confidentiality
58-61-602. Confidentiality -- Exemptions.
(1) A psychologist under this chapter may not disclose any confidential communication with a client or patient without the express consent of:
(a) the client or patient;
(b) the parent or legal guardian of a minor client or patient; or
(c) the authorized agent of a client or patient.
(2) A psychologist under this chapter is not subject to Subsection (1) if:
(a) he is permitted or required by state or federal law, rule, regulation, or order to report or disclose any confidential communication, including:
(i) reporting under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements;
(ii) reporting under Title 62A, Chapter 3, Part 3, Abuse, Neglect, or Exploitation of Disabled Adult;
(iii) reporting under Title 78, Chapter 14a, Limitation of Therapist's Duty to Warn;
(iv) reporting of a communicable disease as required under Section 26-6-6;
(b) the disclosure is part of an administrative, civil, or criminal proceeding and is made under an exemption from evidentiary privilege under Rule 506, Utah Rules of Evidence; or
(c) the disclosure is made under a generally recognized professional or ethical standard that authorizes or requires the disclosure. (As amended by Chapter 131, 2003 General Session)
[Note: Section 58-60-114 repeats the same language as above for a mental health therapist.]
Threat of Violence
78-14a-102. Limitation of therapist's duty to warn.
(1) A therapist has no duty to warn or take precautions to provide protection from any violent behavior of his client or patient, except when that client or patient communicated to the therapist an actual threat of physical violence against a clearly identified or reasonably identifiable victim. That duty shall be discharged if the therapist makes reasonable efforts to communicate the threat to the victim, and notifies a law enforcement officer or agency of the threat.
(2) No cause of action arises against a therapist for breach of trust or privilege, or for disclosure of confidential information, based on a therapist's communication of information to a third party in an effort to discharge his duty in accordance with Subsection (1).
(3) This section does not limit or effect a therapist's duty to report child abuse or neglect in accordance with Section 62A-4a-403. (Amended by Chapter 260, 1994 General Session; Last revised: Tuesday, December 21, 2004)
| Department of Psychology | College of Humanities & Social Sciences |
Note: This site is accessible to any browser, although, it will look much better in a browser that supports web standards.
To view this page properly, please upgrade your browser. We recommend:
Mozilla Firefox (PC/Mac/Linux download)
Opera (PC/Mac/Linux/Solaris download)
Safari (Mac download)