| (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.
|
| (Important: If a child reports child abuse to a clergyman or priest,
the clergyman or priest is obligated to report it to state authorities
even if a confession was also obtained by the perpetrator. The information
from the child must be
reported.) |
