Terms Used In Utah Code > Title 80 > Chapter 6 > Part 2 - Custody and Detention

• Abuse: means :
            (1)(a)(i)

                 (1)(a)(i)(A) nonaccidental harm of a child;

                 (1)(a)(i)(B) threatened harm of a child;

                 (1)(a)(i)(C) sexual exploitation;

                 (1)(a)(i)(D) sexual abuse; or

                 (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
• Adjudication: means , except as provided in Subsection (3)(b):
            (3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:

                 (3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;

                 (3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section 80-6-306; or

                 (3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or
            (3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102
• Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
• Arrest: Taking physical custody of a person by lawful authority.
• Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
• Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 80-6-102
• committed: means , unless specified otherwise:
       (15)(a) with respect to a child, to transfer legal custody; and
       (15)(b) with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102
• Contract: A legal written agreement that becomes binding when signed.
• Correctional facility: means :
       (18)(a) a county jail; or
       (18)(b) a secure correctional facility as defined in Section 64-13-1. See Utah Code 80-1-102
• dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
• Detention: means home detention or secure detention. See Utah Code 80-1-102
• Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention. See Utah Code 80-1-102
• Detention guidelines: means standards, established by the division in accordance with Subsection 80-5-202(1)(a), for the admission of a minor to detention. See Utah Code 80-6-102
• Detention hearing: means a proceeding under Section 80-6-207 to determine whether a minor should remain in detention. See Utah Code 80-6-102
• Detention risk assessment tool: means an evidence-based tool established under Section 80-5-203 that:
       (25)(a) assesses a minor's risk of failing to appear in court or reoffending before adjudication; and
       (25)(b) is designed to assist in making a determination of whether a minor shall be held in detention. See Utah Code 80-1-102
• Division: means the Division of Juvenile Justice and Youth Services created in Section 80-5-103. See Utah Code 80-6-102
• Emancipated: means the same as that term is defined in Section 80-7-102. See Utah Code 80-1-102
• 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.
• 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: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
       (35)(a) marriage;
       (35)(b) enlistment in the armed forces;
       (35)(c) major medical, surgical, or psychiatric treatment; or
       (35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
• Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
• Habitual truant: means the same as that term is defined in Section 53G-8-211. See Utah Code 80-6-102
• Home detention: means placement of a minor:
       (38)(a) if prior to a disposition, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court; or
       (38)(b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court. See Utah Code 80-1-102
• 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.
• Juvenile offender: means :
       (47)(a) a serious youth offender; or
       (47)(b) a youth offender. See Utah Code 80-1-102
• Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102
• Juvenile receiving center: means a nonsecure, nonresidential program established by the Division of Juvenile Justice and Youth Services, or under contract with the Division of Juvenile Justice and Youth Services, that is responsible for minors taken into temporary custody under Section 80-6-201. See Utah Code 80-1-102
• Legal custody: means a relationship embodying:
       (50)(a) the right to physical custody of the minor;
       (50)(b) the right and duty to protect, train, and discipline the minor;
       (50)(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care;
       (50)(d) the right to determine where and with whom the minor shall live; and
       (50)(e) the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102
• Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
       (54)(a) a child; or
       (54)(b) an individual:

            (54)(b)(i)

                 (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and

                 (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;

            (54)(b)(ii)

                 (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and

                 (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or

            (54)(b)(iii)

                 (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and

                 (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
• Neglect: means action or inaction causing:
            (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
            (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
            (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
            (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
            (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
            (58)(a)(vi) educational neglect. See Utah Code 80-1-102
• 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
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: includes intake probation or formal probation. See Utah Code 80-1-102
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecuting attorney: means :
       (65)(a) the attorney general and any assistant attorney general;
       (65)(b) any district attorney or deputy district attorney;
       (65)(c) any county attorney or assistant county attorney; and
       (65)(d) any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102
• Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
       (66)(a) the day on which the shelter hearing is held under Section 80-3-301; or
       (66)(b) the day on which the child is returned home. See Utah Code 80-1-102
• Runaway: means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. See Utah Code 80-1-102
• Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
• Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102
• Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services:
       (74)(a) before disposition of an offense that is alleged to have been committed by the minor; or
       (74)(b) under Section 80-6-704. See Utah Code 80-1-102
• Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
• Shelter facility: means a nonsecure facility that provides shelter for a minor. See Utah Code 80-1-102
• 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
• Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Temporary custody: means the control and responsibility of a minor, before an adjudication under Section 80-6-701, until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Victim: includes :
            (20)(b)(i) any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and
            (20)(b)(ii) the Utah Office for Victims of Crime. See Utah Code 80-6-102