(1) If an abuse, neglect, or dependency petition is requested by the division, the attorney general shall file the abuse, neglect, or dependency petition within 72 hours after the completion of the division’s investigation and request, excluding weekends and holidays, if:

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Terms Used In Utah Code 80-3-202

  • 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
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
  • 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
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
  • 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
  • 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 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
  • Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
     (1)(a) the child who is the subject of the requested abuse, neglect, or dependency petition is not removed from the child’s home by the division; and
     (1)(b) without an expedited hearing and services ordered under the protective supervision of the juvenile court, the child will likely be taken into protective custody.
(2) The juvenile court shall give scheduling priority to the pretrial and adjudication hearings on an abuse, neglect, or dependency petition if:

     (2)(a) the child who is the subject of the petition is not in:

          (2)(a)(i) protective custody; or
          (2)(a)(ii) temporary custody; and
     (2)(b) the division indicates in the petition that, without expedited hearings and services ordered under the protective supervision of the court, the child will likely be taken into protective custody.