Utah Code Title 80. Utah Juvenile Code § 80-2-611. False reports--Investigation--Notice of penalty

Current as of January 01, 2025 | Updated by Findlaw Staff

(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:

(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 made the report; and

(3) The certified letter described in Subsection (2) shall inform the reporting person of:

(a) the division's determination made under Subsection (2);

(b) the penalty for submitting false information under Section 76-8-506 and other applicable laws; and

(c) the obligation or ability of the division under Subsection (4) to inform law enforcement and the person alleged to have committed abuse or neglect:

(i) in the present instance if the division 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.

(4) The division:

(a) may inform law enforcement and the alleged perpetrator of a report for which a certified letter is required to be sent under Subsection (2), if an immediate referral is justified by the facts;

(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) if a second letter is sent to the reporting person involving the same alleged perpetrator or victim; and

(i) what information should be given to an alleged perpetrator relating to a false report; and

(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.

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Cite this article: FindLaw.com - Utah Code Title 80. Utah Juvenile Code § 80-2-611. False reports--Investigation--Notice of penalty - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-80-utah-juvenile-code/ut-code-sect-80-2-611/

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