Important. Utah’s reporting laws apply to you personally, not just to the practice. The duties below can’t be delegated, and “I told my supervisor” doesn’t discharge them. Consult Helen whenever there’s time, but the report is yours to make.
Child abuse and neglect
The law. Utah Code § 80-2-602 requires any person who has reason to believe that a child has been abused or neglected, or who observes conditions that would reasonably result in abuse or neglect, to report it immediately. There is no exemption for therapists. The physician-patient privilege is expressly not a reason to withhold a report. The only exemptions are for clergy hearing a confession under canon law and for attorneys acting for a client. The standard is “reason to believe.” You don’t need proof. You don’t investigate. You report what you’ve learned and let DCFS decide. How to report.- Call the Utah Division of Child and Family Services intake line: 1-855-323-DCFS (3237), 24 hours a day. In an emergency, call 911 first, then DCFS.
- Give what you know: the child’s name and location if known, what you were told or observed, who’s involved, and your contact information. You can ask that your identity be kept confidential from the family; DCFS keeps reporter identity confidential by law.
- Write down the date, time, who you spoke to, and any reference number.
- Document in the client’s record that a report was made, when, and to whom. Don’t editorialize.
- Tell Helen the same day.
Vulnerable adults
The law. Utah Code § 26B-6-205 requires any person who has reason to believe a vulnerable adult (an adult who is elderly or has a disability that limits their ability to protect themselves) has been abused, neglected, or exploited to report it immediately to Adult Protective Services or law enforcement. Same “reason to believe” standard, same lack of a therapist exemption, same class B misdemeanor for willful failure, and APS files a DOPL complaint against a non-reporting mental health therapist. How to report. Call Adult Protective Services intake: 1-800-371-7897 (Monday through Friday, 8 to 5), or report online any time through the state APS site. In an emergency, 911. Then follow the same documentation steps as above. Financial exploitation counts. A client describing a family member draining an elderly parent’s accounts is a report.Duty to warn and protect
The law. Utah Code § 78B-3-502. A therapist has no duty to warn or take precautions to protect a third party except when the client has communicated to the therapist an actual threat of physical violence against a clearly identified or reasonably identifiable victim. What discharges the duty. When that threshold is met, the duty is discharged by doing both of these:- Making reasonable efforts to communicate the threat to the potential victim, and
- Notifying a law enforcement officer or agency.
- If the threat is imminent, call 911.
- Call Helen immediately. This is the one situation where you should interrupt a session if you have to.
- With Helen, confirm the threshold is met: actual threat, physical violence, identifiable victim.
- Contact the potential victim. Say who you are, that you have reason to believe they may be in danger from a named person, and that they should contact police. Don’t share clinical details beyond what’s necessary.
- Call the police department where the victim or the client is located. Give the same minimum information.
- Document everything the same day: the threat verbatim, your assessment, the consultation, who you contacted, when, and what you said.
- Continue to work clinically with the client, including on the risk. Making the disclosure doesn’t end treatment.
Other reporting situations
- Impaired driving, threats to self only, drug use: no mandatory report. Clinical management.
- A client’s past crime: generally no report, and privileged. Consult Helen if it involves ongoing danger to a child or vulnerable adult.
- Elder self-neglect: may qualify under the vulnerable adult statute. Consult.
- A colleague’s impairment or misconduct: not a client report; see Code of conduct and your professional ethics obligations.