Reporting of Child Abuse and Neglect 4060
1. Reporting of Child Abuse—
1.1. Whenever any employee of the District knows or reasonably believes that a child has been neglected, or physically or sexually abused, such employee shall immediately notify the nearest peace officer, law enforcement agency or office of the State Division of Child and Family Services (DCFS). Under such circumstances, the employee shall also notify the building principal. Such a report to the principal does not satisfy the employee’s personal duty to report to law enforcement or DCFS. It is not the responsibility of school employees to prove that the child has been abused or neglected, or determine whether the child is in need of protection. Investigations are the responsibility of the Division of Child and Family Services. Investigation by education personnel prior to submitting a report should not go beyond that necessary to support a reasonable belief that a reportable problem exists.
1.2. School officials shall cooperate appropriately with DCFS and law enforcement agency employees authorized to investigate charges of child abuse and neglect, assisting as asked as members of interdisciplinary child protection teams in providing protective, diagnostic, assessment, treatment, and coordination services, including:
1.2.1 allowing authorized representatives to interview children consistent with DCFS and local law enforcement protocols;
1.2.2 allowing appropriate access to student records;
1.2.3 making no contact with parents/legal guardians of children being questioned by DCFS or local law enforcement; and
1.2.4 cooperating with ongoing investigations and maintaining appropriate confidentiality.
1.3 The employee shall maintain the confidentiality of and not disclose any information learned in connection with an investigation except with those persons with whom the employee is required to cooperate, including the Division, law enforcement, the State Board of Education, or supervisory District officials. Persons making reports or participating in an investigation of alleged child abuse or neglect in good faith are immune from any civil or criminal liability that otherwise might arise from such actions, as provided by law.
1.4 The anonymity of those reporting or investigating child abuse or neglect will be preserved and information provided pursuant only to the manner provided for in Utah Code § 62A-4a-412.
Utah Admin. Rules R277-401 (May 18, 2012)
Utah Code § 62A-4a-403 (2008)
and NeglectUtah Code § 62A-4a-412 (2016)
2. Reporting of Child Abuse by a School Employee—
2.1 An employee who has reasonable cause to believe that a student may have been physically or sexually abused by a school employee shall immediately report that belief to both the school principal and the Superintendent. A District administrator, including the Superintendent, who has received such a report or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by an educator shall immediately report that information to Law Enforcement, the State Board of Education and to the Utah Professional Practices Advisory Commission.
Utah Admin. Rules R277-514-5 (October 9, 2012)
Utah Code § 53E-6-701(2018)