Section 1007 - False reports -- Penalties.

UT Code § 62A-4a-1007 (2019) (N/A)
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(1) The division shall send a certified letter to any person who submits 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 its 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 submitted the report; and (c) the reporting person's address is known or reasonably available.

(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 submitted the report; and

(c) the reporting person's address is known or reasonably available.

(2) The letter shall inform the reporting person of: (a) the division's determination made under Subsection (1); (b) the penalty for submitting false information under Section 76-8-506 and other applicable laws; and (c) the obligation of the division to inform law enforcement and the person alleged to have committed abuse or neglect: (i) in the present instance if law enforcement 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.

(a) the division's determination made under Subsection (1);

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

(c) the obligation of the division to inform law enforcement and the person alleged to have committed abuse or neglect: (i) in the present instance if law enforcement 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.

(i) in the present instance if law enforcement 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.

(3) The division may inform law enforcement and the alleged perpetrator of a report for which a letter is required to be sent under Subsection (1), if an immediate referral is justified by the facts.

(4) The division shall inform law enforcement and the alleged perpetrator of a report for which a letter is required to be sent under Subsection (1) if a second letter is sent to the reporting person involving the same alleged perpetrator or victim.

(5) The division shall determine, in consultation with law enforcement: (a) what information should be given to an alleged perpetrator relating to a false report; and (b) whether good cause exists, as defined by the division by rule, for not informing an alleged perpetrator about a false report.

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

(b) whether good cause exists, as defined by the division by rule, for not informing an alleged perpetrator about a false report.

(6) Nothing in this section may be construed as requiring the division to conduct an investigation beyond what is described in Subsection (1), to determine whether or not a report is false.