80-2-610. Immunity from liability for a report -- Exception.
(1) A person who in good faith makes a report under Section,, or, or who otherwise notifies the division or a peace officer or law enforcement agency of suspected abuse or neglect of a child, is immune from civil and criminal liability in connection with the report or notification. 80-2-602 80-2-603 80-2-604 Except as provided in Subsection, a person taking a photograph or X-ray, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective custody in accordance with, is immune from civil or criminal liability in connection with those actions. (3) Chapter 2a, Removal and Protective Custody of a Child
(2) This section does not provide immunity with respect to an act or omission of a governmental employee except as provided in. Title 63G, Chapter 7, Governmental Immunity Act of Utah
(3) The immunity described in Subsectiondoes not apply if the person: (1)(b) acted or failed to act through fraud or willful misconduct; in a judicial or administrative proceeding, intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony material to the issue or matter of inquiry in the proceeding; intentionally or knowingly fabricated evidence; or except as provided in Subsection, intentionally or knowingly with a conscious disregard for the rights of others, failed to disclose evidence that was known by the person to be relevant to a material issue or matter of inquiry in: (4) a pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding; or a judicial or administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or counsel for a party to the proceeding.
(4) Immunity is not lost under Subsection, if the person: (3)(d) failed to disclose evidence described in Subsection, because the person is prohibited by law from disclosing the evidence; or (3)(d) in accordance with the provisions of 45 C.F.R. 164.502(g)(5), refused to disclose evidence described in Subsectionto another person who requested the evidence; and (3)(d) after refusing to disclose the evidence under Subsection, complied with or responded to a valid court order or valid subpoena received by the person to disclose the evidence described in Subsection. (4)(b)(i) (3)(d)