Utah Code > Title 13 > Chapter 23 – Health Spa Services Protection Act


§ 13-23-1	Short title
§ 13-23-2	Definitions
§ 13-23-3	Contracts for health spa services
§ 13-23-4	Rescission
§ 13-23-5	Registration — Bond, letter of credit, or certificate of deposit required — Penalties
§ 13-23-6	Exemptions from bond, letter of credit, or certificate of deposit requirement
§ 13-23-7	Enforcement — Costs and attorney’s fees — Penalties
§ 13-23-8	Grounds for denial, suspension, or revocation

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Terms Used In Utah Code > Title 13 > Chapter 23 - Health Spa Services Protection Act

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
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
Allegation: something that someone says happened.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authorized emergency vehicle: includes :
     (3)(a) a fire department vehicle;
     (3)(b) a police vehicle;
     (3)(c) an ambulance; and
     (3)(d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-6a-102
Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
Bus: means a motor vehicle:
(6)(a)(i) designed for carrying more than 15 passengers and used for the transportation of persons; or
(6)(a)(ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
Business enterprise: means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. See Utah Code 13-23-2
Cable television service: means :
     (1)(a) the one-way transmission to subscribers of:
          (1)(a)(i) video programming; or
          (1)(a)(ii) other programming service; and
     (1)(b) subscriber interaction, if any, that is required for the selection or use of:
          (1)(b)(i) the video programming; or
          (1)(b)(ii) other programming service. See Utah Code 10-18-102
Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Utah Code 10-18-102
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: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
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
Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
Contract: A legal written agreement that becomes binding when signed.
Controlled-access highway: means a highway, street, or roadway:
(12)(a) designed primarily for through traffic; and
(12)(b) to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102
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.
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
Cross subsidize: means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service. See Utah Code 10-18-102
Crosswalk: means :
     (13)(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:
          (13)(a)(i)
               (13)(a)(i)(A) the curbs; or
               (13)(a)(i)(B) in the absence of curbs, from the edges of the traversable roadway; and
          (13)(a)(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
     (13)(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
Department: means the Department of Public Safety. See Utah Code 41-6a-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
Direct costs: means those expenses of a municipality that:
     (4)(a) are directly attributable to providing:
          (4)(a)(i) a cable television service; or
          (4)(a)(ii) a public telecommunications service; and
     (4)(b) would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102
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
Divided highway: means a highway divided into two or more roadways by:
     (16)(a) an unpaved intervening space;
     (16)(b) a physical barrier; or
     (16)(c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102
Division: means the Division of Consumer Protection. See Utah Code 13-23-2
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
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.
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
Farm tractor: means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 41-6a-102
Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing:
(5)(a) cable television service; and
(5)(b) public telecommunications service. See Utah Code 10-18-102
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
Fiduciary: A trustee, executor, or administrator.
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
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
Fraud: Intentional deception resulting in injury to another.
Full-cost accounting: means the accounting of all costs incurred by a municipality in providing:
(6)(a)(i) a cable television service; or
(6)(a)(ii) a public telecommunications service. See Utah Code 10-18-102
Golf cart: means a device that:
          (24)(a)(i) is designed for transportation by players on a golf course;
          (24)(a)(ii) has not less than three wheels in contact with the ground;
          (24)(a)(iii) has an unladen weight of less than 1,800 pounds;
          (24)(a)(iv) is designed to operate at low speeds; and
          (24)(a)(v) is designed to carry not more than six persons including the driver. See Utah Code 41-6a-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
Health spa: means a business enterprise that provides access to a facility:
(4)(a)(i) for a charge or a fee; and
(4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Health spa facility: means a facility to which a business entity provides access:
(5)(a) for a charge or a fee; and
(5)(b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Health spa service: includes a personal training service. See Utah Code 13-23-2
Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-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
Indirect costs: means any costs:
(7)(a)(i) identified with two or more services or other functions; and
(7)(a)(ii) that are not directly identified with a single service or function. See Utah Code 10-18-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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
Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-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
Lane filtering: means , when operating a motorcycle other than an autocycle, the act of overtaking and passing another vehicle that is stopped in the same direction of travel in the same lane. See Utah Code 41-6a-102
Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
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
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Low-speed vehicle: means a four wheeled electric motor vehicle that:
(36)(a)(i) is designed to be operated at speeds of not more than 25 miles per hour; and
(36)(a)(ii) has a capacity of not more than six passengers, including a conventional driver or fallback-ready user if on board the vehicle, as those terms are defined in Section Utah Code 41-6a-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
Mobile home: means :
     (39)(a) a trailer or semitrailer that is:
          (39)(a)(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping place either permanently or temporarily; and
          (39)(a)(ii) equipped for use as a conveyance on streets and highways; or
     (39)(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in Subsection (39)(a), but that is instead used permanently or temporarily for:
          (39)(b)(i) the advertising, sale, display, or promotion of merchandise or services; or
          (39)(b)(ii) any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Utah Code 41-6a-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
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
(45)(a)(i) an engine with less than 150 cubic centimeters displacement; or
(45)(a)(ii) a motor that produces not more than five horsepower. See Utah Code 41-6a-102
Motorcycle: means :
(44)(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
(44)(b) an autocycle. See Utah Code 41-6a-102
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
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
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.
Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102
Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
Operator: means :
(49)(a) a human driver, as defined in Section Utah Code 41-6a-102
parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-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
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.
Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-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
Personal training service: means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
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.
Pole trailer: means a vehicle without motive power:
(56)(a) designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
(56)(b) that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections. See Utah Code 41-6a-102
Primary location: means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services. See Utah Code 13-23-2
Private provider: means a person that:
     (8)(a) provides:
          (8)(a)(i) cable television services; or
          (8)(a)(ii) public telecommunications services; and
     (8)(b) is a private entity. See Utah Code 10-18-102
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
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
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
Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102
Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102
Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-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
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
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
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-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
Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Utah Code 41-6a-102
School bus: means a motor vehicle that:
(66)(a)(i) complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and
(66)(a)(ii) is used to transport school children to or from school or school activities. See Utah Code 41-6a-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
Semitrailer: means a vehicle with or without motive power:
(67)(a)(i) designed for carrying persons or property and for being drawn by a motor vehicle; and
(67)(a)(ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-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
Service of process: The service of writs or summonses to the appropriate party.
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
Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-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
standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-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.
street-legal ATV: means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509. See Utah Code 41-6a-102
Street-legal novel vehicle: means a vehicle registered as a novel vehicle under Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with with Section 41-6a-1509. See Utah Code 41-6a-102 v3
Subscribers: means a person that lawfully receives:
(11)(a) cable television services; or
(11)(b) public telecommunications services. See Utah Code 10-18-102
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
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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
Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
Tow truck operator: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102
Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102
Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
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
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
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
Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
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