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It Takes a Village (Not A Church) to Protect a Child

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By Mason

 In recent years, growing public concern about how abuse allegations have been handled within the Mormon church has raised a difficult but necessary question: how much responsibility should individuals place in institutional systems to protect children? For many (not all) Utah residents, there has long been an assumption that reporting concerns to ecclesiastical leadership is sufficient.

Yet repeated allegations and investigative reporting have reminded the public that institutional processes within the church may not always result in immediate reporting to civil authorities. 



Most people assume that only teachers, doctors, social workers (or a church hotline) are required to report child abuse. In other words, "someone else will handle it." And yet the Utah law itself presents us with an entirely different expectation that should have been the cultural norm this entire time. It places the duty to report suspected abuse to the proper authorities directly in the hands of every adult citizen.


...if a person... has reason to believe that a child is, or has been, the subject of abuse or neglect, or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, the person shall immediately report the suspected abuse or neglect to the division or to the nearest peace officer or law enforcement agency.

§80-2-602 


This means that the legal responsibility is not only limited to professionals (including your church). Parents, neighbors, coworkers, relatives, and bystanders all fall under the same legal requirement when they become aware of suspected abuse.

There are limited exceptions to the reporting requirement, such as certain confidential clergy confessions or information obtained through attorney-client representation, but outside those narrow circumstances, the reporting duty still applies.


Confidentiality and Immunity

Reports are generally handled confidentially, and the identity of the person making the report is protected in most circumstances.

Except as provided in Sections 80-2-609, 80-2-611, and 80-2-1005, the division and a law enforcement agency shall ensure the anonymity of the person who makes the initial report under this part and any other person involved in the division's or law enforcement agency's subsequent investigation of the report.

§ 80-2-608


A person who in good faith makes a report under Section 80-2-602, 80-2-603, or 80-2-604, 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.

§ 80-2-610


Why do we need a law for this?

   This law exists for the same reason that we have laws against child abuse in the first place.. to hold people accountable for their actions/inactions. If you have reason to think that a child is being abused and you say nothing, then you are complicit in that abuse. 

   The unfortunate reality is that we shouldn't NEED to tell people to watch out for vulnerable populations in the first place, and yet abuse happens, and people choose to say nothing. Therefore laws are in place to try and remedy that shortcoming. 


What if I don't report it?

A person is guilty of a class B misdemeanor if the person willfully fails to report...

§ 80-2-609

How to Report Abuse:

Call 911 

or

DCFS Online Reporting Form

or

DCFS Child Abuse Hotline: 

1-855-323-DCFS (3237) 


Check Your Understanding

Test what you remember about Utah’s mandatory reporting law and the key points from the article.

1. What is the central claim of the article about Utah law?




2. What assumption does the article say many (not all) Utah residents have made in the past?




3. Under §80-2-602 as quoted, what triggers the duty to report?




4. According to the quoted statute, who must a person report to?




5. What does the article name as examples of limited exceptions to the reporting requirement?




6. What does the article say about confidentiality for reports?




7. What protection does §80-2-610 provide, as quoted in the article?




8. Which reporting options does the article list under “How to Report”?




9. What does the article say can happen if someone willfully fails to report?




10. According to the article, why does Utah have a law like this?
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