Terms Used In Utah Code > Title 26B > Chapter 2 > Part 1 - Human Services Programs and Facilities

• Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
• Adult day care: means nonresidential care and supervision:
       (2)(a) for three or more adults for at least four but less than 24 hours a day; and
       (2)(b) that meets the needs of functionally impaired adults through a comprehensive program that provides a variety of health, social, recreational, and related support services in a protective setting. See Utah Code 26B-2-101
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
• Arrest: Taking physical custody of a person by lawful authority.
• Associated with the licensee: means that an individual is:
            (4)(a)(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or
            (4)(a)(ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Boarding school: means a private school that:
            (5)(a)(i) uses a regionally accredited education program;
            (5)(a)(ii) provides a residence to the school's students:

                 (5)(a)(ii)(A) for the purpose of enabling the school's students to attend classes at the school; and

                 (5)(a)(ii)(B) as an ancillary service to educating the students at the school;
            (5)(a)(iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and
            (5)(a)(iv)

                 (5)(a)(iv)(A) does not provide the treatment or services described in Subsection (40)(a); or

                 (5)(a)(iv)(B) provides the treatment or services described in Subsection (40)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101
• Certification: means a less restrictive level of licensure issued by the department. See Utah Code 26B-2-101
• Child: means an individual under 18 years old. See Utah Code 26B-2-101
• Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
       (8)(a) finding a person to adopt the child;
       (8)(b) placing the child in a home for adoption; or
       (8)(c) foster home placement. See Utah Code 26B-2-101
• Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Congregate care program: means any of the following that provide services to a child:
            (11)(a)(i) an outdoor youth program;
            (11)(a)(ii) a residential support program;
            (11)(a)(iii) a residential treatment program; or
            (11)(a)(iv) a therapeutic school. See Utah Code 26B-2-101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day treatment: means specialized treatment that is provided to:
       (12)(a) a client less than 24 hours a day; and
       (12)(b) four or more persons who:

            (12)(b)(i) are unrelated to the owner or provider; and

            (12)(b)(ii) have emotional, psychological, developmental, physical, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department contractor: means an individual who:
       (13)(a) provides services under a contract with the department; and
       (13)(b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101
• Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
• Direct access: means that an individual has, or likely will have:
       (14)(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or
       (14)(b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101
• Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background check approval issued by the office. See Utah Code 26B-2-101
• Director: means the director of the office. See Utah Code 26B-2-101
• Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
• Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101
• education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
• Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101
• Emergency safety intervention: means a tactic used to protect staff or a client from being physically injured, utilized by an appropriately trained direct care staff and only performed in accordance with a nationally or regionally recognized curriculum in the least restrictive manner to restore staff or client safety. See Utah Code 26B-2-101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
• Fraud: Intentional deception resulting in injury to another.
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Human services program: means :
            (25)(a)(i) a foster home;
            (25)(a)(ii) a therapeutic school;
            (25)(a)(iii) a youth program;
            (25)(a)(iv) an outdoor youth program;
            (25)(a)(v) a residential treatment program;
            (25)(a)(vi) a residential support program;
            (25)(a)(vii) a resource family home;
            (25)(a)(viii) a recovery residence; or
            (25)(a)(ix) a facility or program that provides:

                 (25)(a)(ix)(A) adult day care;

                 (25)(a)(ix)(B) day treatment;

                 (25)(a)(ix)(C) outpatient treatment;

                 (25)(a)(ix)(D) domestic violence treatment;

                 (25)(a)(ix)(E) child-placing services;

                 (25)(a)(ix)(F) social detoxification; or

                 (25)(a)(ix)(G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
• Human waste: means excrement, feces, gray water, or other waste material discharged from the human body. See Utah Code 56-3-1
• Indian child: means the same as that term is defined in Utah Code 26B-2-101
• Indian country: means the same as that term is defined in Utah Code 26B-2-101
• Indian tribe: means the same as that term is defined in Utah Code 26B-2-101
• Intermediate secure treatment: means 24-hour specialized residential treatment or care for an individual who:
       (29)(a) cannot live independently or in a less restrictive environment; and
       (29)(b) requires, without the individual's consent or control, the use of locked doors to care for the individual. See Utah Code 26B-2-101
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Local government: means a city, town, or county. See Utah Code 26B-2-101
• Minor: means child. See Utah Code 26B-2-101
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• 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.
• Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
• Outdoor youth program: means a program that provides:
       (34)(a) services to a child that has:

            (34)(a)(i) a chemical dependency; or

            (34)(a)(ii) a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral;
       (34)(b) a 24-hour outdoor group living environment; and
       (34)(c)

            (34)(c)(i) regular therapy, including group, individual, or supportive family therapy; or

            (34)(c)(ii) informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101
• Outpatient treatment: means individual, family, or group therapy or counseling designed to improve and enhance social or psychological functioning for those whose physical and emotional status allows them to continue functioning in their usual living environment. See Utah Code 26B-2-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Passenger train: means any train operated by a railroad company or corporation pursuant to Title 56, Chapter 1, General Provisions, for the primary purpose of transporting passengers for hire. See Utah Code 56-3-1
• Person: means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 56-3-1
• 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
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Recovery residence: means a home, residence, or facility that meets at least two of the following requirements:
            (38)(a)(i) provides a supervised living environment for individuals recovering from a substance use disorder;
            (38)(a)(ii) provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder;
            (38)(a)(iii) provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site;
            (38)(a)(iv) is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or
            (38)(a)(v)

                 (38)(a)(v)(A) receives public funding; or

                 (38)(a)(v)(B) is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101
• Regular business hours: means :
       (39)(a) the hours during which services of any kind are provided to a client; or
       (39)(b) the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101
• Residential support program: includes a program that provides a supervised living environment for individuals with dysfunctions or impairments that are:
            (40)(b)(i) emotional;
            (40)(b)(ii) psychological;
            (40)(b)(iii) developmental; or
            (40)(b)(iv) behavioral. See Utah Code 26B-2-101
• Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
• Residential treatment program: means a program or facility that provides:
       (42)(a) residential treatment; or
       (42)(b) intermediate secure treatment. See Utah Code 26B-2-101
• Seclusion: means the involuntary confinement of an individual in a room or an area:
       (43)(a) away from the individual's peers; and
       (43)(b) in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Short-term relief care provider: means an individual who:
       (44)(a) provides short-term and temporary relief care to a foster parent:

            (44)(a)(i) for less than six consecutive nights; and

            (44)(a)(ii) in the short-term relief care provider's home;
       (44)(b) is an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster parent;
       (44)(c) is direct access qualified, as that term is defined in Section 26B-2-120;
       (44)(d) has been approved to provide short-term relief care by the department;
       (44)(e) is not reimbursed by the department for the temporary relief care provided; and
       (44)(f) is not an immediate family member or relative, as those terms are defined in Section 80-3-102, of the foster child. See Utah Code 26B-2-101
• Social detoxification: means short-term residential services for persons who are experiencing or have recently experienced drug or alcohol intoxication, that are provided outside of a health care facility licensed under Part 2, Health Care Facility Licensing and Inspection, and that include:
       (45)(a) room and board for persons who are unrelated to the owner or manager of the facility;
       (45)(b) specialized rehabilitation to acquire sobriety; and
       (45)(c) aftercare services. See Utah Code 26B-2-101
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Therapeutic school: means a residential group living facility:
       (48)(a) for four or more individuals that are not related to:

            (48)(a)(i) the owner of the facility; or

            (48)(a)(ii) the primary service provider of the facility;
       (48)(b) that serves students who have a history of failing to function:

            (48)(b)(i) at home;

            (48)(b)(ii) in a public school; or

            (48)(b)(iii) in a nonresidential private school; and
       (48)(c) that offers:

            (48)(c)(i) room and board; and

            (48)(c)(ii) an academic education integrated with:

                 (48)(c)(ii)(A) specialized structure and supervision; or

                 (48)(c)(ii)(B) services or treatment related to:

                      (48)(c)(ii)(B)(I) a disability;

                      (48)(c)(ii)(B)(II) emotional development;

                      (48)(c)(ii)(B)(III) behavioral development;

                      (48)(c)(ii)(B)(IV) familial development; or

                      (48)(c)(ii)(B)(V) social development. See Utah Code 26B-2-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to:
       (50)(a) provide personal protection;
       (50)(b) provide necessities such as food, shelter, clothing, or mental or other health care;
       (50)(c) obtain services necessary for health, safety, or welfare;
       (50)(d) carry out the activities of daily living;
       (50)(e) manage the adult's own resources; or
       (50)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
• Youth program: means a program designed to provide behavioral, substance use, or mental health services to minors that:
            (51)(a)(i) serves adjudicated or nonadjudicated youth;
            (51)(a)(ii) charges a fee for the program's services;
            (51)(a)(iii) may provide host homes or other arrangements for overnight accommodation of the youth;
            (51)(a)(iv) may provide all or part of the program's services in the outdoors;
            (51)(a)(v) may limit or censor access to parents or guardians; and
            (51)(a)(vi) prohibits or restricts a minor's ability to leave the program at any time of the minor's own free will. See Utah Code 26B-2-101
• Youth transportation company: means any person that transports a child for payment to or from a congregate care program in Utah. See Utah Code 26B-2-101