Terms Used In Utah Code 80-1-102

• 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
• Allegation: something that someone says happened.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
• Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
• Chronic abuse: means repeated or patterned abuse. See Utah Code 80-1-102
• Chronic neglect: means repeated or patterned neglect. See Utah Code 80-1-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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
• Community-based program: means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. 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
• Department: means the Department of Health and Human Services created in Section 26B-1-201. 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
• Dependent: A person dependent for support upon another.
• Detention: means home detention or secure detention. See Utah Code 80-1-102
• Developmental immaturity: means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to:
       (26)(a) consult with counsel with a reasonable degree of rational understanding; and
       (26)(b) have a rational as well as factual understanding of the proceedings. See Utah Code 80-1-102
• Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. See Utah Code 80-1-102
• Educational neglect: means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. See Utah Code 80-1-102
• 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.
• Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 80-1-102
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Formal probation: means a minor is:
       (33)(a) supervised in the community by, and reports to, a juvenile probation officer or an agency designated by the juvenile court; and
       (33)(b) subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102
• 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
• Harm: means :
       (37)(a) physical or developmental injury or damage;
       (37)(b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;
       (37)(c) sexual abuse; or
       (37)(d) sexual exploitation. See Utah Code 80-1-102
• Incest: includes :
            (39)(b)(i) blood relationships of the whole or half blood, regardless of whether the relationship is legally recognized;
            (39)(b)(ii) relationships of parent and child by adoption; and
            (39)(b)(iii) relationships of stepparent and stepchild while the marriage creating the relationship of a stepparent and stepchild exists. See Utah Code 80-1-102
• Intake probation: means a minor is:
            (45)(a)(i) monitored by a juvenile probation officer; and
            (45)(a)(ii) subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102
• Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. 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
• 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
• Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102
• Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102
• Mental illness: means :
       (53)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
       (53)(b) the same as that term is defined in:

            (53)(b)(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or

            (53)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. 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
• Mobile crisis outreach team: means the same as that term is defined in Section 26B-5-101. See Utah Code 80-1-102
• Molestation: means that an individual, with the intent to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, or the breast of a female child, or takes indecent liberties with a child as defined in Section Utah Code 80-1-102
• Natural parent: includes the minor's noncustodial parent. 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
• Neglected child: means a child who has been subjected to neglect. See Utah Code 80-1-102
• Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of:
       (60)(a) the assigned juvenile probation officer; and
       (60)(b)

            (60)(b)(i) the minor; or

            (60)(b)(ii) the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102
• Not competent to proceed: means that a minor, due to a mental illness, intellectual disability or related condition, or developmental immaturity, lacks the ability to:
       (61)(a) understand the nature of the proceedings against the minor or of the potential disposition for the offense charged; or
       (61)(b) consult with counsel and participate in the proceedings against the minor with a reasonable degree of rational understanding. See Utah Code 80-1-102
• Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. 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
• Physical abuse: means abuse that results in physical injury or damage to a child. See Utah Code 80-1-102
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation: includes intake probation or formal probation. See Utah Code 80-1-102
• 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
• Protective services: means expedited services that are provided:
       (67)(a) in response to evidence of neglect, abuse, or dependency of a child;
       (67)(b) to a cohabitant who is neglecting or abusing a child, in order to:

            (67)(b)(i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and

            (67)(b)(ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
       (67)(c) in cases where the child's welfare is endangered:

            (67)(c)(i) to bring the situation to the attention of the appropriate juvenile court and law enforcement agency;

            (67)(c)(ii) to cause a protective order to be issued for the protection of the child, when appropriate; and

            (67)(c)(iii) to protect the child from the circumstances that endanger the child's welfare including, when appropriate:

                 (67)(c)(iii)(A) removal from the child's home;

                 (67)(c)(iii)(B) placement in substitute care; and

                 (67)(c)(iii)(C) petitioning the court for termination of parental rights. See Utah Code 80-1-102
• Protective supervision: means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby:
       (68)(a) the minor is permitted to remain in the minor's home; and
       (68)(b) supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. See Utah Code 80-1-102
• Related condition: means a condition that:
            (69)(a)(i) is found to be closely related to intellectual disability;
            (69)(a)(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual;
            (69)(a)(iii) is likely to continue indefinitely; and
            (69)(a)(iv) constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102
• residual parental rights and duties: includes the right to consent to:
            (70)(b)(i) marriage;
            (70)(b)(ii) enlistment; and
            (70)(b)(iii) major medical, surgical, or psychiatric treatment. 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
• Serious youth offender: means an individual who:
       (75)(a) is at least 14 years old, but under 25 years old;
       (75)(b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and
       (75)(c) is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102
• Severe abuse: means abuse that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102
• Severe neglect: means neglect that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102
• Severe type of child abuse or neglect: means , except as provided in Subsection (78)(b):
            (78)(a)(i) if committed by an individual who is 18 years old or older:

                 (78)(a)(i)(A) chronic abuse;

                 (78)(a)(i)(B) severe abuse;

                 (78)(a)(i)(C) sexual abuse;

                 (78)(a)(i)(D) sexual exploitation;

                 (78)(a)(i)(E) abandonment;

                 (78)(a)(i)(F) chronic neglect; or

                 (78)(a)(i)(G) severe neglect; or
            (78)(a)(ii) if committed by an individual who is under 18 years old:

                 (78)(a)(ii)(A) causing serious physical injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or

                 (78)(a)(ii)(B) sexual behavior with or upon another child that indicates a significant risk to other children. See Utah Code 80-1-102
• Sexual abuse: means :
       (79)(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child;
       (79)(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:

            (79)(b)(i) there is an indication of force or coercion;

            (79)(b)(ii) the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption;

            (79)(b)(iii) there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or

            (79)(b)(iv) there is a disparity in chronological age of four or more years between the two children;
       (79)(c) engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense:

            (79)(c)(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor;

            (79)(c)(ii) child bigamy, Section Utah Code 80-1-102
• Sexual exploitation: means knowingly:
       (80)(a) employing, using, persuading, inducing, enticing, or coercing any child to:

            (80)(a)(i) pose in the nude for the purpose of sexual arousal of any individual; or

            (80)(a)(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct;
       (80)(b) displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child:

            (80)(b)(i) in the nude, for the purpose of sexual arousal of any individual; or

            (80)(b)(ii) engaging in sexual or simulated sexual conduct; or
       (80)(c) engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 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
• Significant risk: means a risk of harm that is determined to be significant in accordance with risk assessment tools and rules established by the Division of Child and Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that focus on:
       (83)(a) age;
       (83)(b) social factors;
       (83)(c) emotional factors;
       (83)(d) sexual factors;
       (83)(e) intellectual factors;
       (83)(f) family risk factors; and
       (83)(g) other related considerations. See Utah Code 80-1-102
• Single criminal episode: means the same as that term is defined in Section 76-1-401. 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
• Substance abuse: means , except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. See Utah Code 80-1-102
• substantiation: means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred . See Utah Code 80-1-102
• Substitute care: means :
       (88)(a) the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare;
       (88)(b) services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or
       (88)(c) the licensing and supervision of a substitute care facility. See Utah Code 80-1-102
• Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
• Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
• Therapist: means :
       (91)(a) an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or
       (91)(b) any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102
• Threatened harm: means actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk of harm or neglect. See Utah Code 80-1-102
• Ungovernable: means a child in conflict with a parent or guardian, and the conflict:
       (93)(a) results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively;
       (93)(b) poses a threat to the safety or well-being of the child, the child's family, or others; or
       (93)(c) results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102
• Unsubstantiated: means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
• Unsupported: means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
• Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102
• Without merit: means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. See Utah Code 80-1-102
• 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 offender: means an individual who is:
       (98)(a) at least 12 years old, but under 21 years old; and
       (98)(b) committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102