Utah 2025 Regular Session

Utah House Bill HB0033 Latest Draft

Bill / Enrolled Version Filed 03/04/2025

                            Enrolled Copy	H.B. 33
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Child Welfare Reporting Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: John D. Johnson
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LONG TITLE
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General Description:
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This bill amends provisions concerning false reports of child abuse or neglect.
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Highlighted Provisions:
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This bill:
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▸ requires the Division of Child and Family Services to notify law enforcement when the
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division determines that a person knowingly made a false report of child abuse or
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neglect; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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80-2-611, as renumbered and amended by Laws of Utah 2022, Chapter 334
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 80-2-611 is amended to read:
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80-2-611 . False reports -- Investigation -- Notice of penalty.
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(1) The division may conduct an investigation to determine whether a report under Section
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80-2-602 or 80-2-603 is false.
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(2) The division shall send a certified letter to a person who makes a report of abuse or
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neglect that is placed into or included in any part of the Management Information
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System, if the division determines, at the conclusion of the division's investigation, that:
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(a) the report is false; H.B. 33	Enrolled Copy
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(b) it is more likely than not that the person knew the report was false at the time that
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person made the report; and
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(c) the reporting person's address is known or reasonably available.
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(3) The certified letter described in Subsection (2) shall inform the reporting person of:
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(a) the division's determination made under Subsection (2);
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(b) the penalty for submitting false information under Section 76-8-506 and other
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applicable laws; and
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(c) the obligation [or ability ]of the division under Subsection (4) to inform law
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enforcement and the person alleged to have committed abuse or neglect[:] .
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[(i) in the present instance if the division considers an immediate referral of the
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reporting person to law enforcement to be justified by the facts; or]
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[(ii) if the reporting person submits a subsequent false report involving the same
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alleged perpetrator or victim.]
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(4) The division:
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(a) [may] subject to Subsection (4)(b), shall inform law enforcement and the alleged
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perpetrator of a report for which a certified letter is required to be sent under
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Subsection (2)[, if an immediate referral is justified by the facts]; and
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[(b) shall inform law enforcement and the alleged perpetrator of a report for which a
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certified letter is required to be sent under Subsection (2) if a second letter is sent to
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the reporting person involving the same alleged perpetrator or victim; and]
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[(c)] (b) shall determine, in consultation with law enforcement:
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(i) what information should be given to an alleged perpetrator relating to a false
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report; and
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(ii) whether good cause exists, as defined by the division by rule made in accordance
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with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for not
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informing an alleged perpetrator about a false report.
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(5) This section does not require the division to conduct an investigation beyond what is
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described in Subsections (1) and (2), to determine whether a report is false.
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Section 2.  Effective date.
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This bill takes effect on May 7, 2025.
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