Utah Code 77-38-204. Disclosure of confidential communications
Current as of: 2024 | Check for updates
|
Other versions
The confidential communication between a victim and a sexual assault counselor is available to a third person only when:
(1) the victim is a minor and the counselor believes it is in the best interest of the victim to disclose the confidential communication to the victim’s parents;
Terms Used In Utah Code 77-38-204
- Confidential communication: means information given to a sexual assault counselor by a victim and includes reports or working papers made in the course of the counseling relationship. See Utah Code 77-38-203
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Sexual assault counselor: means an individual who:
(3)(a) is employed by or volunteers at a rape crisis and services center;(3)(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual assault; and(3)(c) is under the supervision of the director or designee of a rape crisis and services center. See Utah Code 77-38-203- Victim: means an individual who has experienced a sexual assault of whatever nature including incest and rape and requests counseling or assistance regarding the mental, physical, and emotional consequences of the sexual assault. See Utah Code 77-38-203
(2) the victim is a minor and the minor’s parents or guardian have consented to disclosure of the confidential communication to a third party based upon representations made by the counselor that it is in the best interest of the minor victim to make such disclosure;(3) the victim is not a minor, has given consent, and the counselor believes the disclosure is necessary to accomplish the desired result of counseling; or(4) the counselor has an obligation under Title 80, Chapter 2, Child Welfare Services, or Title 80, Chapter 2a, Removal and Protective Custody of a Child, to report information transmitted in the confidential communication. - Sexual assault counselor: means an individual who: