Utah Child Abuse Laws

In the state of Utah, child abuse laws include physical abuse, neglect, and sexual abuse against a minor child (under the age of 18) by a parent or legal guardian. The laws exclude reasonable discipline unless it causes serious physical injury.

If you think a child close to you is being abused or neglected, report it to local authorities or the DCFS hotline right away. State law requires anyone who reasonably suspects a child is at risk to make a report.

If you or your child are facing abuse from a family member, you are not alone. A family law or domestic violence attorney in your area can help you make a plan to find safety, including filing for a protective order.

If you're facing criminal charges related to child abuse, seek help from a criminal defense attorney. A conviction for child abuse can have serious consequences.

Utah Child Abuse Statutes

Utah’s child abuse definition comes from the Juvenile Code § 80-1-102. Abuse includes:

• Non-accidental harm
• Harm or threatened harm to the child’s health
• Serious emotional harm resulting in impairment to the child’s development, behavior, or mental functioning
• Sexual abuse or molestation
• Educational neglect, meaning the the parent or guardian fails to ensure the child receives an appropriate education, after notice of a compulsory education violation
• Neglect, meaning a failure to provide food, clothing, shelter, or medical care when a parent or guardian is financially able to do so

The child abuse laws allow parents or guardians who adequately provide for their child to make reasonable decisions about when a child is able to engage in independent activities. Parents may use reasonable disciplinary measures with their children, including withholding privileges.

Enforcement

Utah’s Department of Child and Family Services (DCFS) provides child welfare services in the state. Their primary goal in enforcing the abuse statutes is maintaining family integrity and protecting the best interest of the child.

DCFS provides treatment options for substance abuse, anger management, and domestic violence before removing a child from a home (§ 62A-4a-105).

Utah Code prohibits the removal of a child or filing a petition alleging abuse without a complete investigation of the case.

Mandated Reporters

Under state law, anyone who reasonably suspects a child is or may be at risk of abuse or neglect must report the case to DCFS or their local law enforcement agency immediately (§ 62A-4a-403).

Reporters can call DCFS at their hotline at 1-855-323-DCFS (3237), or fill out their online form. If the child is in imminent danger, reporters should call 911.

Mandated reporting laws do not apply to:

• Members of the clergy, if the information came during confession and if that clergy member is bound by canon law to maintain confidentiality
• Attorneys, unless such confidentiality may lead to the death or serious injury of the child (Utah Rules of Professional Conduct Rule 1.6)

These exemptions do not protect clergy or attorneys from requirements to prevent abuse or neglect by other methods.

Penalties

Under the Utah Criminal Code, child abuse penalties depend on the nature of the crime and the severity of the injury.

Child Abuse/Child Abandonment

Utah defines several degrees of child abuse and abandonment charges:

• Intentional infliction of serious physical injury, or serious injury due to abandonment is a second-degree felony.
• Reckless infliction of serious injury, or injury due to abandonment is a third-degree felony.
• Negligent infliction of serious injury or intentional infliction of injury is a Class A misdemeanor.

Class A misdemeanors can lead to a sentence of up to a year in jail, a $2,500 fine, or both. Second-degree felonies can result in up to 15 years in prison and a $10,000 fine. A third-degree felony conviction is punishable by up to five years in prison and a $5,000 fine.

Failure to Report

Failing to report known or suspected child abuse is a Class B misdemeanor. A conviction is punishable by up to six months in jail and a $1,000 fine/compensatory service.

A person who makes a report in good faith is immune from criminal and civil liability. But, the immunity does not apply if the reporter:

• Use fraud or willful misconduct in making the report
• Gave false testimony while under oath
• Intentionally or knowingly fabricated or withheld evidence

False Reports

If DCFS finds a report of child abuse to be false, and it's likely the person reporting knew it was false, the division may take action against them.

DCFS can choose to refer the matter to the police immediately or send a warning that they will do so if false reporting continues. They'll start by sending a certified letter with information about the penalties and potential for police involvement.

Providing false information to law enforcement or a government agency like DCFS is a Class B misdemeanor.

Get Legal Advice from a Utah Criminal Defense Attorney

Child abuse and neglect are serious crimes with long-lasting outcomes. If you’ve been affected by child abuse and need legal advice, speak to a Utah family law attorney as soon as possible.

If you’re facing possible criminal charges, a Utah criminal defense attorney can help you protect your rights and advocate for you throughout the legal process.