Utah Code > Title 41 > Chapter 6a – Traffic Code
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Terms Used In Utah Code > Title 41 > Chapter 6a - Traffic Code
- Abandoned: means left without provision for reasonable and necessary care or supervision. See Utah Code 78B-13-102
- Abstract: means a copy or summary of a court's disposition. See Utah Code 80-6-1001
- 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 - Abused child: means a child who has been subjected to abuse. See Utah Code 80-1-102
- Account: means the Indigent Defense Resources Restricted Account created in Section
78B-22-405 . See Utah Code 78B-22-102- Account: means the Juvenile Justice Reinvestment Restricted Account created in Section
80-5-302 . See Utah Code 80-5-102- Active criminal investigation: means an officer has documented reasonable suspicion that a crime is being or has been committed, and believes the suspected criminal activity may be connected to a vehicle, a registered owner of a vehicle, or an occupant of a vehicle. See Utah Code 41-6a-2002 v2
- Adequate: means an amount of energy sufficient to continuously meet demand from under normal conditions, not including planned outages and temporary service disruptions. See Utah Code 79-6-102
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adjudicated father: means a man who has been adjudicated by a tribunal to be the father of a child. See Utah Code 78B-15-102
- 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 Section80-6-306 ; 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- Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5- Adjusted gross income: means income calculated under Subsection 78B-12-204(1). See Utah Code 78B-12-102
- Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 78B-12-102
- Administrative agency: means the Office of Recovery Services or the Department of Health and Human Services. See Utah Code 81-6-101
- Administrative costs: means the costs of administering the initiative, including costs for staffing, rent, data processing, legal, finance, accounting, travel, maintenance, and office supplies. See Utah Code 79-2-601
- Administrative order: means an order that has been issued by the Office of Recovery Services, the Department of Health and Human Services, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 78B-12-102
- Administrative order: means the same as that term is defined in Section
26B-9-201 . See Utah Code 81-6-101- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adoptable child: means a child:
(1)(a) who is in the custody of the division; and(1)(b)(1)(b)(i) who has permanency goals of adoption; or(1)(b)(ii) for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409. See Utah Code 80-2-801- Adoption assistance: includes state medical assistance, reimbursement of nonrecurring adoption expenses, or monthly subsidies. See Utah Code 80-2-801
- Adoption services: means , except as used in Section 80-2-806:
(3)(a) placing children for adoption;(3)(b) subsidizing adoptions under Section 80-2-301;(3)(c) supervising adoption placements until the adoption is finalized by a court;(3)(d) conducting adoption studies;(3)(e) preparing adoption reports upon request of the court; and(3)(f) providing postadoptive placement services, upon request of a family, for the purpose of stabilizing a possible disruptive placement. See Utah Code 80-2-801- Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
- Adult: means an individual who has attained 18 years old or is an emancipated minor. See Utah Code 78B-20-102
- Adult: means an individual who is 18 years old or older. See Utah Code 80-5-102
- Adult: means an individual who is 18 years old or older. See Utah Code 80-6-901
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Advisory committee: means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206. See Utah Code 79-8-102
- advisory committee: means the Child Support Guidelines Advisory Committee. See Utah Code 78B-12-401
- advisory committee: means the Child Support Guidelines Advisory Committee. See Utah Code 81-6-401
- 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.
- Affiliate: means :
(1)(a) with respect to an individual:(1)(a)(i) a companion of the individual;(1)(a)(ii) a lineal ancestor or descendant, whether by blood or adoption, of:(1)(a)(ii)(A) the individual; or(1)(a)(ii)(B) a companion of the individual;(1)(a)(iii) a companion of an ancestor or descendant described in Subsection (1)(a)(ii);(1)(a)(iv) a sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of a sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual; or(1)(a)(v) any other individual occupying the residence of the individual; and(1)(b) with respect to a person other than an individual:(1)(b)(i) another person that directly or indirectly controls, is controlled by, or is under common control with the person;(1)(b)(ii) an officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or(1)(b)(iii) a companion of, or an individual occupying the residence of, an individual described in Subsection (1)(b)(i) or (ii). See Utah Code 78B-21-102- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Affordable: means priced to be accessible to the population without causing financial strain or compromising basic needs, quality of life, or well-being. See Utah Code 79-6-102
- Aftercare services: means the same as the term "aftercare" is defined in Utah Code 80-5-102
- Aftercare services: means the same as the term "aftercare" is defined in Utah Code 80-6-102
- Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 79-3-102
- Agency: includes a local education agency, as defined in Section 53E-1-102, for purposes of this part. See Utah Code 80-6-1001
- Alimony: means financial support made to a spouse or former spouse for the support and maintenance of that spouse. See Utah Code 81-4-101
- Alimony: means the same as that term is defined in Section
81-4-101 . See Utah Code 81-6-101- Alimony: means the same as that term is defined in Section
81-4-101 . See Utah Code 81-1-201- All-terrain type II vehicle: means the same as that term is defined in Section
41-22-2 . See Utah Code 41-6a-102 v2- All-terrain type III vehicle: means the same as that term is defined in Section
41-22-2 . See Utah Code 41-6a-102 v2- Allegation: something that someone says happened.
- Alleged father: means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. See Utah Code 78B-15-102
- Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102
- Alternative energy: means the same as that term is defined in Section 59-12-102. See Utah Code 79-6-502
- Alternative energy entity: includes a pass-through entity taxpayer, as defined in Section 59-10-1402, of a person described in Subsection (2)(a). See Utah Code 79-6-502
- Alternative energy project: means a project produced by an alternative energy entity if that project involves:
(3)(a) a new or expanding operation in the state; and(3)(b)(3)(b)(i) utility-scale alternative energy generation; or(3)(b)(ii) the extraction of alternative fuels. See Utah Code 79-6-502- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appellate defense services: means the representation of an indigent individual:
(1)(a)(i) described in Subsection 78B-22-201(1)(d) or who is party to an appeal under Section 77-18a-1;(1)(a)(ii) in an action or on appeal for postconviction relief under Chapter 9, Postconviction Remedies Act; or(1)(a)(iii) in an appeal of right from an action for the termination or restoration of parental rights under Chapter 6, Part 1, Utah Adoption Act, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights. See Utah Code 78B-22-901- Applicant: means a person that conducts business in the state and that applies for a tax credit under this part. See Utah Code 79-6-602
- Application: means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Utah Code 78B-14-701.5
- Application: means a written application that an individual, non-profit corporation, government agency, county council or commission, tribal entity, historical society, preservation organization, or other interested group may submit to the division to nominate a historic landmark, historic or prehistoric structure, geologic formation, cultural site, or archaeological resource for designation as a state monument. See Utah Code 79-4-1202
- Application: means an application for a tax credit under Title 79, Chapter 6, Part 6, High Cost Infrastructure Development Tax Credit Act. See Utah Code 79-6-901
- Appraisal: A determination of property value.
- 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
- Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. See Utah Code 78B-11-102
- Arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Utah Code 78B-11-102
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrest: Taking physical custody of a person by lawful authority.
- Assessment: means an in-depth clinical interview with a licensed mental health therapist:
(1)(b)(i) used to determine if a person is in need of:(1)(b)(i)(A) substance abuse treatment that is obtained at a substance abuse program;(1)(b)(i)(B) an educational series; or(1)(b)(i)(C) a combination of Subsections (1)(b)(i)(A) and (B); and(1)(b)(ii) that is approved by the Division of Integrated Healthcare in accordance with Section26B-5-104 . See Utah Code 41-6a-501- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assisted reproduction: means a method of causing pregnancy other than sexual intercourse. See Utah Code 78B-15-102
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attorney guardian ad litem: means the same as that term is defined in Section
78A-2-801 . See Utah Code 80-1-102- Authority: means the Youth Parole Authority created in Section
80-5-701 . See Utah Code 80-5-102- Authority: means the Youth Parole Authority created in Section
80-5-701 . See Utah Code 80-6-102- Authority board: means the board of directors of a local building authority, as described in Section 17D-2-203. See Utah Code 17D-2-102
- 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- Automatic license plate reader system: means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert an image of a license plate into computer-readable data. See Utah Code 41-6a-2002
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Base child support award: means the award that may be ordered and is calculated using the guidelines before additions for medical expenses and work-related child care costs. See Utah Code 78B-12-102
- Base child support award: means the award that may be ordered and is calculated using the child support guidelines before additions for medical expenses and work-related child care costs. See Utah Code 81-6-101
- Base combined child support obligation: means the presumed amount of child support that the parents should provide for their child as described in Subsection
81-6-204 (1). See Utah Code 81-6-101- Base combined child support obligation table: means the appropriate table described in Sections
81-6-302 and81-6-304 . See Utah Code 81-6-101- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- 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
- Bequest: Property gifted by will.
- Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
- Birth mother: means the biological mother of a child. See Utah Code 78B-15-102
- Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
- Board: means the Board of the Utah Geological Survey. See Utah Code 79-3-102
- Board: means the Utah Energy Infrastructure Board created in Section
79-6-902 . See Utah Code 79-6-901- Board: means the Utah San Rafael Energy Lab Board established in Section
79-6-1003 . See Utah Code 79-6-1001- Board of trustees: means the board of trustees of This is the Place Foundation. See Utah Code 79-4-701
- Bond: includes a bond, note, or other instrument issued under this chapter evidencing an indebtedness of a local building authority. See Utah Code 17D-2-102
- 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- Captured plate data: means the global positioning system coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automatic license plate reader system. See Utah Code 41-6a-2002
- Caretaking authority: includes physical custody, parent-time, right to access, and visitation. See Utah Code 78B-20-102
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Central authority: means the entity designated by the United States or a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention. See Utah Code 78B-14-701.5
- Chambers: A judge's office.
- Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102- Child: means , except as provided in Section
81-6-101 , a biological or adopted child of any age. See Utah Code 81-1-101- Child: means :
(7)(a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;(7)(b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or(7)(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 78B-12-102- Child: means an individual under 18 years of age and not married. See Utah Code 78B-13-102
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Utah Code 78B-14-102
- Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
- Child: means :
(3)(a) an unemancipated individual who has not attained 18 years old; or(3)(b) an adult son or daughter by birth or adoption, or under law of this state other than this chapter, who is the subject of a court order concerning custodial responsibility. See Utah Code 78B-20-102- Child: means an unemancipated individual under 18 years old. See Utah Code 78B-24-101
- Child: means an individual under 18 years old. See Utah Code 80-8-101
- Child: means :
(7)(a) a son or daughter who is under 18 years old and who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;(7)(b) a son or daughter who is 18 years old or older while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or(7)(c) a son or daughter of any age who is incapacitated from earning a living and, if able to provide some financial resources to the family, is not able to support self by own means. See Utah Code 81-6-101- Child and family plan: means a written agreement between a child's parents or guardian and the Division of Child and Family Services as described in Section
80-3-307 . See Utah Code 80-1-102- Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or parent-time with respect to a child. See Utah Code 78B-13-102
- Child custody proceeding: means a proceeding in which legal custody, physical custody, or parent-time with respect to a child is an issue. See Utah Code 78B-13-102
- Child placing: means the same as that term is defined in Section
26B-2-101 . See Utah Code 80-1-102- Child protection team: means a team consisting of:
(11)(a) the child welfare caseworker assigned to the case;(11)(b) if applicable, the child welfare caseworker who made the decision to remove the child;(11)(c) a representative of the school or school district where the child attends school;(11)(d) if applicable, the law enforcement officer who removed the child from the home;(11)(e) a representative of the appropriate Children's Justice Center, if one is established within the county where the child resides;(11)(f) if appropriate, and known to the division, a therapist or counselor who is familiar with the child's circumstances;(11)(g) if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides; and(11)(h) any other individuals determined appropriate and necessary by the team coordinator and chair. See Utah Code 80-1-102- Child restraint device: means a child restraint device that meets standards adopted under Section
41-6a-1601 . See Utah Code 41-6a-1802- Child support: means a base child support award, or a monthly financial award for uninsured medical expenses, ordered by a tribunal for the support of a child, including current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 78B-12-102
- Child support: means the same as that term is defined in Section
81-6-101 . See Utah Code 81-4-101- Child support: includes current periodic payments, arrearages that accrue under an order for current periodic payments, and sum certain judgments awarded for arrearages, medical expenses, and child care costs. See Utah Code 81-6-101
- Child support: means the same as that term is defined in Section
81-6-101 . See Utah Code 81-1-201- Child support guidelines: means the calculation and application of child support as described in Part 2, Calculation and Adjustment of Child Support. See Utah Code 81-6-101
- Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Utah Code 78B-14-102
- Child support order: means a judgment, decree, or order issued by a tribunal whether temporary, final, or subject to modification, that:
(10)(a) establishes or modifies child support;(10)(b) reduces child support arrearages to judgment; or(10)(c) establishes child support or registers a child support order under Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act. See Utah Code 81-6-101- Child support services: means the same as that term is defined in Section
26B-9-101 . See Utah Code 81-6-101- Child support tables: means the tables described in Part 3, Child Support Tables. See Utah Code 81-6-101
- Child welfare case: means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights. See Utah Code 78B-22-102
- Child who has a special need: means a child who:
(4)(a) cannot or should not be returned to the home of the child's biological parents; and(4)(b)(4)(b)(i) is five years old or older;(4)(b)(ii) is under 18 years old with a physical, emotional, or mental disability; or(4)(b)(iii) is a member of a sibling group placed together for adoption. See Utah Code 80-2-801- Child-placing agency: means the same as that term is defined in Section
26B-2-101 . See Utah Code 80-1-102- Child-placing agency: means a person with authority under other law of this state to identify or place a child for adoption. See Utah Code 78B-24-101
- 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- Clandestine laboratory operation: means the same as that term is defined in Section
58-37d-3 . See Utah Code 80-1-102- Clean: means minimizing adverse environmental impact and able to meet state standards for environmental quality. See Utah Code 79-6-102
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Cohabitation: means the same as the term, "cohabit" is defined in Section
81-4-501 . See Utah Code 81-4-401- Commence: means to file the initial pleading seeking an adjudication of parentage in the appropriate tribunal of this state. See Utah Code 78B-15-102
- Commencement: means the filing of the first pleading in a proceeding. See Utah Code 78B-13-102
- Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 17D-3-102
- Commission: means the Utah Indigent Defense Commission created in Section
78B-22-401 . See Utah Code 78B-22-102- Commission: means the Outdoor Adventure Commission created in Section 63C-21-201. See Utah Code 79-7-102
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section
63M-7-201 . See Utah Code 80-6-102- Commissioner: means the commissioner of the department. See Utah Code 17D-3-102
- Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-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- Committee: means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206. See Utah Code 79-5-102
- Committee: means the Natural Resources, Agriculture, and Environment Interim Committee or the House or Senate Natural Resources, Agriculture, and Environment Standing Committee. See Utah Code 79-4-1202
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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
- Companion: means :
(2)(a) the spouse of an individual;(2)(b) the domestic partner of an individual; or(2)(c) another individual in a civil union with an individual. See Utah Code 78B-21-102- Compensatory mitigation: means avoiding, minimizing, rectifying, reducing, or eliminating impacts on sage grouse habitat by providing substitute sage grouse habitat through conservation projects or conservation banks. See Utah Code 79-2-502
- Compensatory service: means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution. See Utah Code 80-6-102
- Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401
- competent to proceed: means that a minor has:
(1)(a)(i) a present ability to consult with counsel with a reasonable degree of rational understanding; and(1)(a)(ii) a rational as well as factual understanding of the proceedings. See Utah Code 80-6-401- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Conservation district: means a limited purpose local government entity, as described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-3-102
- Conservation officer: is a s defined in Section
23A-1-101 . See Utah Code 79-2-102- Conservation plan: means the current version of the "Conservation Plan for Greater Sage-grouse in Utah" developed by the state and approved by the governor. See Utah Code 79-2-502
- Consult: means an interaction between two persons in which the initiating person:
(1)(a) provides information to another person;(1)(b) provides the other person an opportunity to respond; and(1)(c) takes the other person's response, if any, into consideration. See Utah Code 80-2-102- Consumer: means a person who receives services offered by the division in accordance with this chapter. See Utah Code 80-2-102
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Contracted parental representation attorney: means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county. See Utah Code 78B-22-801
- Contributing county: means a county that complies with this part for participation in the fund described in Section 78B-22-804. See Utah Code 78B-22-801
- Control: means the authority to detain, restrict, and supervise a juvenile offender in a manner consistent with public safety and the well-being of the juvenile offender and division employees. See Utah Code 80-5-102
- Control: means the same as that term is defined in Section
80-5-102 . See Utah Code 80-6-102- 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- Convention: means the convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Utah Code 78B-14-102
- Convention support order: means a support order of a tribunal of a foreign country described in Subsection 78B-14-102(5)(d). See Utah Code 78B-14-701.5
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any conviction arising from a separate episode of driving for a violation of:
(2)(a)(i) driving under the influence under Section41-6a-502 ;(2)(a)(ii)(2)(a)(ii)(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections41-6a-512 and41-6a-528 ; or(2)(a)(ii)(B) for an offense committed on or after July 1, 2008, impaired driving under SectionUtah Code 41-6a-501 - 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 Section64-13-1 . See Utah Code 80-1-102- Council: means the Child Welfare Improvement Council created in Section 80-2-1101. See Utah Code 80-2-102
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County clerk: means :
(1)(a) the county clerk of the county; or(1)(b) an employee or designee of the county clerk who is authorized to issue marriage licenses or solemnize marriages. See Utah Code 81-2-301- County executive: means :
(7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Court: means a court of competent jurisdiction in this state. See Utah Code 78B-11-102
- Court: means a court of this state with jurisdiction over the action under Title 78A, Judiciary and Judicial Administration. See Utah Code 78B-21-102
- Court: means :
(2)(a) a judge; or(2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101- Court: means the district court or juvenile court. See Utah Code 78B-12-102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See Utah Code 78B-13-102
- Court: means a tribunal, including an administrative agency, authorized under the law of this state other than this chapter to make, enforce, or modify a decision regarding custodial responsibility. See Utah Code 78B-20-102
- Creating local entity: means the local entity that creates or created the local building authority. See Utah Code 17D-2-102
- Critical paleontological resources: means vertebrate fossils and other exceptional fossils that are designated state paleontological landmarks as provided for in Section
79-3-505 . See Utah Code 79-3-102- 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- Curation: means :
(5)(a) management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions; and(5)(b) providing access to and facilities for studying collections. See Utah Code 79-3-102- Curation facility: is a s defined in Section
53B-17-603 . See Utah Code 79-3-102- Custodial parent: means :
(3)(a) a parent awarded primary physical custody of a minor child by a court order;(3)(b) if both parents have joint physical custody:(3)(b)(i) the parent awarded more overnights each year by a court order; or(3)(b)(ii) the parent designated as the custodial parent by a court order; or(3)(c) if there is no court order, the parent with whom the minor child resides more than one-half of the calendar year without regard to any temporary parent-time. See Utah Code 81-1-101- Custodial responsibility: includes all powers and duties relating to caretaking authority and decision-making authority for a child. See Utah Code 78B-20-102
- Custody: means the exercise of physical care and supervision of a child. See Utah Code 78B-24-101
- Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Day-care services: means care of a child for a portion of the day which is less than 24 hours:
(5)(a) in the child's own home by a responsible individual; or(5)(b) outside of the child's home in a:(5)(b)(i) day-care center;(5)(b)(ii) family group home; or(5)(b)(iii) family child care home. See Utah Code 80-2-102- Decedent: A deceased person.
- Decision-making authority: means the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. See Utah Code 78B-20-102
- Declarant father: means a male who, along with the biological mother claims to be the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's paternity. See Utah Code 78B-15-102
- 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.
- Defense attorney: Represent defendants in criminal matters.
- Department: means the Department of Natural Resources created in Section
79-2-201 . See Utah Code 79-1-102- 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 Agriculture and Food, created in Section 4-2-102. See Utah Code 17D-3-102
- 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.
- Deploying parent: means a service member who is deployed or has been notified of impending deployment and is:
(7)(a) a parent of a child under the law of this state other than this chapter; or(7)(b) an individual who has custodial responsibility for a child under the law of this state other than this chapter. See Utah Code 78B-20-102- Deployment: means the movement or mobilization of a service member for more than 90 days but less than 18 months pursuant to uniformed service orders that:
(8)(a) are designated as unaccompanied;(8)(b) do not authorize dependent travel; or(8)(c) otherwise do not permit the movement of family members to the location to which the service member is deployed. See Utah Code 78B-20-102- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Deprivation of custody: means transfer of legal custody by the juvenile court from a parent or a previous custodian to another person, agency, or institution. 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- Determination of parentage: means the establishment of the parent-child relationship by the signing of a valid declaration of paternity under
Part 3, Voluntary Declaration of Paternity Act , or adjudication by a tribunal. See Utah Code 78B-15-102- 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- Devise: To gift property by will.
- Direct request: means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. See Utah Code 78B-14-701.5
- Direct supervision: means oversight at a distance within which:
(15)(a) visual contact is maintained; and(15)(b) advice and assistance can be given and received. See Utah Code 41-6a-102- Director: means the director of the survey. See Utah Code 79-3-102
- Director: means the director of the Division of Outdoor Recreation. See Utah Code 79-8-102
- Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102
- Director: means the director of the Division of Juvenile Justice and Youth Services. See Utah Code 80-5-102
- Director: means the director of the initiative who is appointed under Section 79-2-602. See Utah Code 79-2-601
- Director: means the director of the Office of Energy Development as defined in Section
79-6-401 . See Utah Code 79-6-1001- Director: means the director of the division, as described in Section
79-7-202 . See Utah Code 79-7-701- Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Dispatchable: means available for use on demand and generally available to be delivered at a time and quantity of the operator's choosing. See Utah Code 79-6-102
- Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section
80-3-405 or80-4-305 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 Outdoor Recreation. See Utah Code 79-5-102
- Division: means the Division of Outdoor Recreation. See Utah Code 79-7-102
- Division: means the Division of Outdoor Recreation. See Utah Code 79-8-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-4-102
- Division: means the Division of Juvenile Justice and Youth Services created in Section
80-5-103 . See Utah Code 80-5-102- Division: means the Division of Juvenile Justice and Youth Services created in Section
80-5-103 . See Utah Code 80-6-102- Division: means the Indigent Appellate Defense Division created in Section 78B-22-902. See Utah Code 78B-22-901
- Division: means the Division of Wildlife Resources created in Section 23A-2-201. See Utah Code 79-2-601
- Division: means the Division of Law Enforcement. See Utah Code 79-2-701
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 80-2-102
- Domestic violence services: means :
(9)(a) temporary shelter, treatment, and related services provided to:(9)(a)(i) an individual who is a victim of abuse, as defined in Section 78B-7-102; and(9)(a)(ii) the dependent children of an individual who is a victim of abuse, as defined in Section 78B-7-102; and(9)(b) treatment services for an individual who is alleged to have committed, has been convicted of, or has pled guilty to domestic violence. See Utah Code 80-2-102- Donor: The person who makes a gift.
- Donor: means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. See Utah Code 78B-15-102
- Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. See Utah Code 41-6a-501
- drugs: means :
(1)(d)(i) a controlled substance as defined in Section58-37-2 ;(1)(d)(ii) a drug as defined in Section58-17b-102 ; or(1)(d)(iii) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501- Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Utah Code 78B-14-102
- Echelon formation: means the operation of two or more snowplows arranged side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow from two or more lanes at once. See Utah Code 41-6a-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- Educational series: means an evidence-based instructional series:
(29)(a) obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section26B-5-104 ; and(29)(b) designed to prevent substance use or the onset of a mental health disorder. See Utah Code 80-1-102- Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section
26B-5-104 . See Utah Code 41-6a-501- Electric assisted bicycle: means a bicycle with an electric motor that:
(18)(a)(i) has a power output of not more than 750 watts;(18)(a)(ii) has fully operable pedals;(18)(a)(iii) has permanently affixed cranks that were installed at the time of the original manufacture;(18)(a)(iv) is fully operable as a bicycle without the use of the electric motor; and(18)(a)(v) is one of the following:(18)(a)(v)(A) a class 1 electric assisted bicycle;(18)(a)(v)(B) a class 2 electric assisted bicycle;(18)(a)(v)(C) a class 3 electric assisted bicycle; or(18)(a)(v)(D) a programmable electric assisted bicycle. See Utah Code 41-6a-102- Electric interlocal entity: means the same as that term is defined in Section
11-13-103 . See Utah Code 79-6-901- Electric personal assistive mobility device: means a self-balancing device with:
(19)(a)(i) two nontandem wheels in contact with the ground;(19)(a)(ii) a system capable of steering and stopping the unit under typical operating conditions;(19)(a)(iii) an electric propulsion system with average power of one horsepower or 750 watts;(19)(a)(iv) a maximum speed capacity on a paved, level surface of 12. See Utah Code 41-6a-102- Emancipated: means the same as that term is defined in Section
80-7-102 . See Utah Code 80-1-102- emancipated: means a legal status created by court order that allows a minor to:
(1)(a) live independent of the minor's parents or guardian; and(1)(b) exercise the same rights as an adult under Subsection 80-7-105(1). See Utah Code 80-7-102- Emissions reduction project: means a project that is designed to reduce the emissions of an existing electrical generation facility, refinery, smelter, kiln, mineral processing facility, manufacturing facility, oil or gas production facility, or other industrial facility, by utilizing selective catalytic reduction technology, carbon capture utilization and sequestration technology, or any other emissions reduction technology or equipment. See Utah Code 79-6-602
- Energy delivery project: includes :
(2)(b)(i) a hydroelectric energy storage system;(2)(b)(ii) a utility-scale battery storage system; or(2)(b)(iii) a nuclear power generation system. See Utah Code 79-6-602- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Ethnic or racial group: means , for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information. See Utah Code 78B-15-102
- 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
- Ex officio: Literally, by virtue of one's office.
- Excavate: means the recovery of critical paleontological resources. See Utah Code 79-3-102
- Executive director: means the executive director of the department who is appointed under Section
79-2-202 . See Utah Code 79-1-102- Executive Director: means the executive director of the Office of Indigent Defense Services, created in Section
78B-22-451 , who is appointed in accordance with Section78B-22-453 . See Utah Code 78B-22-102- Executive director: means the executive director of the Department of Natural Resources. See Utah Code 79-8-102
- Executory contract: means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach. See Utah Code 78B-21-102
- Explosives: means a chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of causing death or serious bodily injury. See Utah Code 41-6a-102
- Expunge: means to seal or otherwise restrict access to a record that is part of an individual's juvenile record and in the custody of the juvenile court or an agency. See Utah Code 80-6-1001
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Failure of parental adjustment: means that a parent or parents are unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the division to return the child to the home. See Utah Code 80-4-102
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Family care plan: means a formal written contingency plan mandated by regulation of the various departments and components of the uniformed service that requires certain service member parents of minor children to plan in advance for the smooth, rapid transfer of parental responsibilities to designees during the absence of the service member due to death, incapacity, short-term absences, long-term absences, including deployments, or noncombatant evacuation operations. See Utah Code 78B-20-102
- Family member: means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child, or an individual recognized to be in a familial relationship with a child under the law of this state other than this chapter. See Utah Code 78B-20-102
- Family-based setting: means a home that is licensed to allow a minor to reside at the home, including a foster home, proctor care, or residential care by a professional parent. See Utah Code 80-6-102
- 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
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Fault: means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage:
(3)(a) engaging in sexual relations with an individual other than the party's spouse;(3)(b) knowingly and intentionally causing or attempting to cause physical harm to the other party or a minor child;(3)(c) knowingly and intentionally causing the other party or a minor child to reasonably fear life-threatening harm; or(3)(d) substantially undermining the financial stability of the other party or the minor child. See Utah Code 81-4-501- 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.
- Financial support: means a base child support award as defined in Section
78B-12-102 , all past-due support which accrues under an order for current periodic payments, and sum certain judgments for past-due support. See Utah Code 78B-15-102- fiscal emergency: means a major disruption in the operation of one or more national parks, national monuments, national forests, or national recreation areas in the state caused by the unforseen or sudden significant decrease or elimination of funding from the federal government. See Utah Code 79-7-601
- 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.
- Flammable liquid: means a liquid that has a flashpoint of 100 degrees F. See Utah Code 41-6a-102
- 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
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(5)(a) which has been declared under the law of the United States to be a foreign reciprocating country;(5)(b) which has established a reciprocal arrangement for child support with this state as provided in Section78B-14-308 ;(5)(c) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or(5)(d) in which the convention is in force with respect to the United States. See Utah Code 78B-14-102- Foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Utah Code 78B-17-102
- Foreign support order: means a support order of a foreign tribunal. See Utah Code 78B-14-102
- Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
- Forensic evaluator: means the same as that term is defined in Section 77-15-2. See Utah Code 80-6-401
- 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 Section80-6-607 . See Utah Code 80-1-102- Formal referral: means a written report from a peace officer, or other person, informing the juvenile court that:
(11)(a) an offense committed by a minor is, or appears to be, within the juvenile court's jurisdiction; and(11)(b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting attorney. See Utah Code 80-6-102- Former parent: means an individual whose legal parental rights were terminated under this chapter. See Utah Code 80-4-102
- Foundation: means This is the Place Foundation, a private nonprofit corporation formed pursuant to
Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act . See Utah Code 79-4-701- Fraud: Intentional deception resulting in injury to another.
- Freeway: means a controlled-access highway that is part of the interstate system as defined in Section
72-1-102 . See Utah Code 41-6a-102- Friend: means an adult who:
(4)(a) has an established relationship with the child or a family member of the child; and(4)(b) is not the natural parent of the child. See Utah Code 80-3-102- Fuel standard compliance project: means a project designed to retrofit a fuel refinery in order to make the refinery capable of producing fuel that complies with the United States Environmental Protection Agency's Tier 3 gasoline sulfur standard described in Utah Code 79-6-602
- Fuel standard compliance project: means the same as that term is defined in Section
79-6-602 . See Utah Code 79-6-901- fund: means the Indigent Aggravated Murder Defense Fund. See Utah Code 78B-22-701
- Fund: means the Child Welfare Parental Representation Fund created in Section 78B-22-804. See Utah Code 78B-22-801
- Fund: means the Utah Energy Research Fund established in Section
79-6-1002 . See Utah Code 79-6-1001- Genetic testing: means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. See Utah Code 78B-15-102
- Gestational mother: means an adult woman who gives birth to a child under a gestational agreement. See Utah Code 78B-15-102
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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- Gore area: means the area delineated by two solid white lines that is between a continuing lane of a through roadway and a lane used to enter or exit the continuing lane including similar areas between merging or splitting highways. See Utah Code 41-6a-102
- Governing body: means :
(4)(a) for a county, city, or town, the legislative body of the county, city, or town;(4)(b) for a school district, the local school board for the school district;(4)(c) for a special district, the special district's board of trustees; and(4)(d) for a special service district, the special service district's governing body, as defined in Section 17D-1-102. See Utah Code 17D-2-102- Governmental entity: includes :
(3)(b)(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsections (3)(a)(i) through (xviii) that is funded or established by the government to carry out the public's business; or(3)(b)(ii) a person acting as an agent of a governmental entity or acting on behalf of a governmental entity. See Utah Code 41-6a-2002- Governmental unit: means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state. See Utah Code 78B-21-102
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grant program: means the Recreation Restoration Infrastructure Grant Program created in Section 79-8-202. See Utah Code 79-8-201
- Gross income: means the amount of income calculated for a parent as described in Section
81-6-203 . See Utah Code 81-6-101- Gross weight: means the weight of a vehicle without a load plus the weight of any load on the vehicle. See Utah Code 41-6a-102
- Group rehabilitation therapy: means psychological and social counseling of one or more individuals in the group, depending upon the recommendation of the therapist. 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- Guardian: means a person recognized as a guardian under other law of this state. See Utah Code 78B-24-201
- 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- Guardian ad litem: means the same as that term is defined in Section
78A-2-801 . See Utah Code 80-1-102- Guidelines: means the directions for the calculation and application of child support in Part 2, Calculation and Adjustment. See Utah Code 78B-12-102
- Habitual truant: means the same as that term is defined in Section
53G-8-211 . See Utah Code 80-6-102- 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 care coverage: means coverage under which medical services are provided to a child through:
(13)(a) fee for service;(13)(b) a health maintenance organization;(13)(c) a preferred provider organization;(13)(d) any other type of private health insurance; or(13)(e) public health care coverage. See Utah Code 78B-12-102- Health care coverage: means coverage under which medical services are provided to a child through:
(14)(a) fee for service;(14)(b) a health maintenance organization;(14)(c) a preferred provider organization;(14)(d) any other type of private health insurance; or(14)(e) public health care coverage. See Utah Code 81-6-101- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Hi-rail vehicle: means a roadway maintenance vehicle that is:
(27)(a) manufactured to meet Federal Motor Vehicle Safety Standards; and(27)(b) equipped with retractable flanged wheels that allow the vehicle to travel on a highway or railroad tracks. See Utah Code 41-6a-102- High cost infrastructure project: means :
(5)(a) for an energy delivery project, fuel standard compliance project, mineral processing project, or underground mine infrastructure project, a project:(5)(a)(i)(5)(a)(i)(A) that expands or creates new industrial, mining, manufacturing, or agriculture activity in the state, not including a retail business;(5)(a)(i)(B) that involves new investment of at least $50,000,000 made by an existing industrial, mining, manufacturing, or agriculture entity located within a county of the first or second class;(5)(a)(i)(C) that involves new investment of at least $25,000,000 made by an existing industrial, mining, manufacturing, or agriculture entity located within a county of the third, fourth, fifth, or sixth class, or a municipality with a population of 10,000 or less located within a county of the second class; or(5)(a)(i)(D) for the construction of a plant or other facility for the storage or production of fuel used for transportation, electricity generation, or industrial use;(5)(a)(ii) that requires or is directly facilitated by infrastructure construction; and(5)(a)(iii) for which the cost of infrastructure construction to the entity creating the project is greater than:(5)(a)(iii)(A) 10% of the total cost of the project; or(5)(a)(iii)(B) $10,000,000; and(5)(b) for an emissions reduction project, water purification project, or water resource forecasting project, a project:(5)(b)(i) that involves:(5)(b)(i)(A) new investment of at least $50,000,000 made by an existing industrial, mining, manufacturing, or agriculture entity located within a county of the first or second class; or(5)(b)(i)(B) new investment of at least $25,000,000 made by an existing industrial, mining, manufacturing, or agriculture entity located within a county of the third, fourth, fifth, or sixth class, or a municipality with a population of 10,000 or less located within a county of the second class; and(5)(b)(ii) that requires or is directly facilitated by infrastructure construction. See Utah Code 79-6-602- 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- 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 Section78A-6-353 or80-6-704 , 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- Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See Utah Code 78B-13-102
- Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. See Utah Code 78B-14-102
- Homeless youth: means a child, other than an emancipated minor:
(9)(a) who is a runaway; or(9)(b) who is:(9)(b)(i) not accompanied by the child's parent or guardian; and(9)(b)(ii) without care, as defined in Section80-5-602 . See Utah Code 80-5-102- Homemaking services: means the care of an individual in the individual's domicile, and help given to an individual caretaker relative to achieve improved household and family management through the services of a trained homemaker. See Utah Code 80-2-102
- Hospital: means a general acute hospital, as that term is defined in Section 26B-2-201, that is:
(1)(a) equipped with an emergency room;(1)(b) open 24 hours a day, seven days a week; and(1)(c) employs full-time health care professionals who have emergency medical services training. See Utah Code 80-4-501- Immediate family member: means a spouse, child, parent, sibling, grandparent, or grandchild. See Utah Code 80-3-102
- 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- Income: includes :
(14)(b)(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;(14)(b)(ii) interest and dividends;(14)(b)(iii) periodic payments made under pension or retirement programs or insurance policies of any type;(14)(b)(iv) unemployment compensation benefits;(14)(b)(v) workers' compensation benefits; and(14)(b)(vi) disability benefits. See Utah Code 78B-12-102- Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Utah Code 78B-14-102
- Income: includes :
(15)(b)(i) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;(15)(b)(ii) interest and dividends;(15)(b)(iii) periodic payments made under pension or retirement programs or insurance policies of any type;(15)(b)(iv) unemployment compensation benefits;(15)(b)(v) workers' compensation benefits; and(15)(b)(vi) disability benefits. See Utah Code 81-6-101- Income-withholding order: means an order or other legal process directed to an obligor's employer or other source of income as defined in Section
26B-9-101 , to withhold support from the income of the obligor. See Utah Code 78B-14-102- Indian child: means the same as that term is defined in Utah Code 80-1-102
- Indian tribe: means the same as that term is defined in Utah Code 80-1-102
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Indigent defense resources: means the resources necessary to provide an effective defense for an indigent individual. See Utah Code 78B-22-102
- Indigent defense service provider: means the same as that term is defined in Section
78B-22-102 . See Utah Code 80-1-102- Indigent defense service provider: means an attorney or entity appointed to represent an indigent individual through:
(6)(a) a contract with an indigent defense system to provide indigent defense services;(6)(b) an order issued by the court under Subsection78B-22-203 (2)(a); or(6)(c) direct employment with an indigent defense system. See Utah Code 78B-22-102- Indigent defense services: means the same as that term is defined in Section
78B-22-102 . See Utah Code 80-1-102- Indigent defense services: means :
(7)(a) the representation of an indigent individual by an indigent defense service provider; and(7)(b) the provision of indigent defense resources for an indigent individual. See Utah Code 78B-22-102- Indigent defense system: means :
(8)(a) a city or town that is responsible for providing indigent defense services;(8)(b) a county that is responsible for providing indigent defense services in the district court, juvenile court, and the county's justice courts; or(8)(c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, that is responsible for providing indigent defense services according to the terms of an agreement between a county, city, or town. See Utah Code 78B-22-102- Indigent individual: means the same as that term is defined in Section
78B-22-102 . See Utah Code 80-1-102- Indigent individual: means :
(9)(a) a minor who is:(9)(a)(i) arrested and admitted into detention for an offense under Section78A-6-103 ;(9)(a)(ii) charged by petition or information in the juvenile or district court; or(9)(a)(iii) described in this Subsection (9)(a), who is appealing an adjudication or other final court action; and(9)(b) an individual listed in Subsection78B-22-201 (1) who is found indigent pursuant to Section78B-22-202 . See Utah Code 78B-22-102- Infrastructure: means :
(6)(a) an energy delivery project;(6)(b) a railroad as defined in Section54-2-1 ;(6)(c) a fuel standard compliance project;(6)(d) a road improvement project;(6)(e) a water self-supply project;(6)(f) a water removal system project;(6)(g) a solution-mined subsurface salt cavern;(6)(h) a project that is designed to:(6)(h)(i) increase the capacity for water delivery to a water user in the state; or(6)(h)(ii) increase the capability of an existing water delivery system or related facility to deliver water to a water user in the state;(6)(i) an underground mine infrastructure project;(6)(j) an emissions reduction project;(6)(k) a mineral processing project;(6)(l) a water purification project; or(6)(m) a water resource forecasting project. See Utah Code 79-6-602- Infrastructure cost-burdened entity: includes a pass-through entity taxpayer, as defined in Section
59-10-1402 , of a person described in Subsection (7)(a). See Utah Code 79-6-602- Infrastructure grant: means an outdoor recreational infrastructure grant described in Section 79-8-401. See Utah Code 79-8-102
- Infrastructure-related revenue: means an amount of tax revenue, for an entity creating a high cost infrastructure project, in a taxable year, that is directly attributable to a high cost infrastructure project, under:
(8)(a) SubsectionUtah Code 79-6-602 - Initial determination: means the first child custody determination concerning a particular child. See Utah Code 78B-13-102
- Initiating tribunal: means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country. See Utah Code 78B-14-102
- Initiative: means the Watershed Restoration Initiative created in Section 79-2-602. See Utah Code 79-2-601
- Initiative: means the Recreation Coordinated Investment Initiative created in Section
79-7-502 . See Utah Code 79-7-501- 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 Section80-6-607 . 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
- Intercountry adoption: includes an adoption finalized in the child's country of residence or in a state. See Utah Code 78B-24-101
- Intermediary: means a person that assists or facilitates a transfer of custody of a child, whether or not for compensation. See Utah Code 78B-24-201
- Intermittent: means available for use on a variable basis that is dependent on elements outside of the control of the operator. See Utah Code 79-6-102
- 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
- Island: means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by:
(31)(a) pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area;(31)(b) channelizing devices;(31)(c) curbs;(31)(d) pavement edges; or(31)(e) other devices. See Utah Code 41-6a-102- Issuing court: means the court that makes a child custody determination for which enforcement is sought under this chapter. See Utah Code 78B-13-102
- Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
- Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
- IV-D child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, Utah Code 78B-12-102
- Joint physical custody: means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support. See Utah Code 78B-12-102
- Joint physical custody: means the same as that term is defined in Section
81-9-101 . See Utah Code 81-6-101- 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- Juvenile record: means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. See Utah Code 80-6-1001
- Knowledge: means actual knowledge. See Utah Code 78B-11-102
- Lab: means the Utah San Rafael Energy Lab established in Section
79-6-1004 . See Utah Code 79-6-1001- Lab director: means the director appointed under Section
79-6-1004 to oversee the lab. See Utah Code 79-6-1001- 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- 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: includes decisional and statutory law and rules and regulations having the force of law. See Utah Code 78B-14-102
- Law enforcement agency: means the same as that term is as defined in Section
53-1-102 . See Utah Code 41-6a-102- Law enforcement officer: means the same as that term is defined in Section
53-13-103 . See Utah Code 79-2-701- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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
- Legacy: A gift of property made by will.
- 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- Length of the marriage: means , for purposes of alimony, the number of years from the day on which the parties are legally married to the day on which the petition for divorce is filed with the court. See Utah Code 81-4-501
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- 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.
- Lien: means an interest in property that secures payment or performance of an obligation. See Utah Code 78B-21-102
- Limited access highway: means a highway:
(34)(a) that is designated specifically for through traffic; and(34)(b) over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view. See Utah Code 41-6a-102- Limited contact: includes authority to take the child to a place other than the residence of the child. See Utah Code 78B-20-102
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Local entity: means a county, city, town, school district, special district, or special service district. See Utah Code 17D-2-102
- Local highway authority: means the legislative, executive, or governing body of a county, municipal, or other local board or body having authority to enact laws relating to traffic under the constitution and laws of the state. See Utah Code 41-6a-102
- Low income table: means the appropriate table under Section
81-6-303 or81-6-305 . See Utah Code 81-6-101- 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 SectionUtah Code 41-6a-102 - Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Man: means a male individual of any age. See Utah Code 78B-15-102 v2
- Man: means an adult human male. See Utah Code 68-3-12.5
- 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- Mandatory courses: means :
(2)(a) the mandatory divorce orientation course described in Section81-4-105 ; and(2)(b) the mandatory parenting course described in Section81-9-103 . See Utah Code 81-4-401- Material loss: means an uninsured:
(13)(a) property loss;(13)(b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;(13)(c) lost wages because of an injury, time spent as a witness, or time spent assisting the police or prosecution; or(13)(d) medical expense. See Utah Code 80-6-102- Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 78B-12-102
- Medical expenses: means health and dental expenses and related insurance costs. See Utah Code 81-6-101
- Member: means a member of the board of trustees. See Utah Code 79-4-701
- 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- Metal tire: means a tire, the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material. See Utah Code 41-6a-102
- Mineral processing project: means a project that is designed to:
(9)(a) process, smelt, refine, convert, separate, or otherwise beneficiate metalliferous minerals as defined in Section59-5-201 or a metalliferous compound as defined in Section59-5-202 ;(9)(b) calcine limestone or manufacture cement;(9)(c) process, refine, or otherwise beneficiate chloride compounds, salts, potash, gypsum, sulfur or sulfuric acid, ammonium nitrate, phosphate, or uintaite; or(9)(d) convert or gasify coal to recover chemical compounds, gases, or minerals. See Utah Code 79-6-602- Mini-motorcycle: means a motorcycle or motor-driven cycle that has a seat or saddle that is less than 24 inches from the ground as measured on a level surface with properly inflated tires. See Utah Code 41-6a-102
- Minor: means , except as provided in Sections
80-6-501 ,80-6-901 , and80-7-102 :(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 Subsection78A-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 Subsection78A-6-103 (1)(c). See Utah Code 80-1-102- Minor: means an individual who is 16 years old or older. See Utah Code 80-7-102
- Minor: means the same as that term is defined in Section
80-1-102 . See Utah Code 78B-22-102- Minor: means :
(1)(a) an individual:(1)(a)(i) who is at least 18 years old and younger than 25 years old; and(1)(a)(ii) whose case is under the jurisdiction of the juvenile court; or(1)(b) an individual:(1)(b)(i) who is younger than 21 years old;(1)(b)(iii) whose case is under the jurisdiction of the district court. See Utah Code 80-6-501- Minor: means an individual who is:
(3)(a) under 18 years old; or(3)(b) 18 years old and still attending high school. See Utah Code 80-6-901- Minor: means an individual who is 16 or 17 years old. See Utah Code 81-2-301
- Minor child: means , except as provided in Section
81-6-101 , a child who is younger than 18 years old and is not emancipated. See Utah Code 81-1-101- Minor child: means a child who is younger than 18 years old. See Utah Code 81-6-101
- Minor offense: means any unlawful act that is a status offense or an offense that would be a misdemeanor, infraction, or violation of a municipal or county ordinance if committed by an adult. See Utah Code 80-6-901
- 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- Mobility disability: means the inability of a person to use one or more of the person's extremities or difficulty with motor skills, that may include limitations with walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition. See Utah Code 41-6a-102
- Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See Utah Code 78B-13-102
- 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
- Monthly subsidy: means financial support to assist with the costs of adopting and caring for a child who has a special need. See Utah Code 80-2-801
- Monument: means This is the Place Monument at This is the Place State Park. See Utah Code 79-4-701
- Moped: means a motor-driven cycle having:
(41)(a)(i) pedals to permit propulsion by human power; and(41)(a)(ii) a motor that:(41)(a)(ii)(A) produces not more than two brake horsepower; and(41)(a)(ii)(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage: means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the mortgage also creates or provides for a lien on personal property. See Utah Code 78B-21-102
- Mortgage: means any instrument under which property may be encumbered as security for an obligation, including a mortgage, trust deed, indenture, pledge, assignment, security agreement, and financing statement. See Utah Code 17D-2-102
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagee: means a person entitled to enforce an obligation secured by a mortgage. See Utah Code 78B-21-102
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Mortgagor: means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage. See Utah Code 78B-21-102
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Motor assisted scooter: means a self-propelled device with:
(42)(a)(i) at least two wheels in contact with the ground;(42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;(42)(a)(iii) an electric motor not exceeding 2,000 watts;(42)(a)(iv) either:(42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or(42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;(42)(a)(v) a design for the ability to be propelled by human power alone; and(42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102- 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 vehicle: includes :
(1)(m)(ii)(A) an off-highway vehicle as defined under Section41-22-2 ; and(1)(m)(ii)(B) a motorboat as defined in Section73-18-2 . See Utah Code 41-6a-501- Motor vehicle: means a vehicle defined in Section
41-1a-102 , except vehicles that are not equipped with safety belts by the manufacturer. See Utah Code 41-6a-1802- 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- Museum: means the Utah Museum of Natural History. See Utah Code 79-3-102
- Mutual case: means a case that is:
(11)(a) opened by the division under the division's discretion and procedures;(11)(b) opened by the law enforcement agency with jurisdiction over the case; and(11)(c) accepted for investigation by a child protection team, as applicable. See Utah Code 80-2-102- Native American spiritual advisor: includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman. See Utah Code 81-2-301
- Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102
- Natural resources officer: means the same as that term is defined in Section
79-2-701 . See Utah Code 79-2-102 v2- Natural resources officer: includes a wildlife officer, as that term is defined in Section
23A-2-502 . See Utah Code 79-2-701- 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 Section78B-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
- Negligence: means simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances. See Utah Code 41-6a-501
- New incremental job within the state: means , with respect to an alternative energy entity, an employment position that:
(4)(a) did not exist within the state before:(4)(a)(i) the alternative energy entity entered into an agreement with the office in accordance with Section 79-6-503; and(4)(a)(ii) the alternative energy project began;(4)(b) is not shifted from one location in the state to another location in the state; and(4)(c) is established to the satisfaction of the office, including by amounts paid or withheld by the alternative energy entity under Title 59, Chapter 10, Individual Income Tax Act. See Utah Code 79-6-502- New state revenues: means an increased amount of tax revenues generated as a result of an alternative energy project by an alternative energy entity or a new incremental job within the state under the following:
(5)(b) Title 59, Chapter 10, Individual Income Tax Act; and(5)(c) Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 79-6-502- Newborn child: means a child who is approximately 30 days old or younger, as determined within a reasonable degree of medical certainty. See Utah Code 80-4-501
- Noncustodial parent: means the parent who is not the custodial parent regardless of any designation of joint legal custody. See Utah Code 81-1-101
- Nongovernmental entity: means a person that is not a governmental entity. See Utah Code 41-6a-2002
- 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- Nonparent: means an individual other than a deploying parent or other parent. See Utah Code 78B-20-102
- Nonrecurring adoption expenses: means reasonably necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of a child who has a special need. See Utah Code 80-2-801
- 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- Not competent to proceed: means an individual is not competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401
- Novice learner driver: means an individual who:
(1)(h)(i) has applied for a Utah driver license;(1)(h)(ii) has not previously held a driver license in this state or another state; and(1)(h)(iii) has not completed the requirements for issuance of a Utah driver license. See Utah Code 41-6a-501- Oath: A promise to tell the truth.
- Oath: includes "affirmation. 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.
- Obligee: means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 78B-12-102
- Obligee: means :
(16)(a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;(16)(b) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;(16)(c) an individual seeking a judgment determining parentage of the individual's child; or(16)(d) a person who is a creditor in a proceeding under Part 7, Support Proceedings Under Convention. See Utah Code 78B-14-102- Obligee: means an individual, this state, another state, or another comparable jurisdiction to whom child support is owed or who is entitled to reimbursement of child support or public assistance. See Utah Code 81-6-101
- Obligor: means a person owing a duty of support. See Utah Code 78B-12-102
- Obligor: means an individual who, or the estate of a decedent that:
(17)(a) owes or is alleged to owe a duty of support;(17)(b) is alleged but has not been adjudicated to be a parent of a child;(17)(c) is liable under a support order; or(17)(d) is a debtor in a proceeding under Part 7, Support Proceedings Under Convention. See Utah Code 78B-14-102- Obligor: means a person owing a duty of support. See Utah Code 81-6-101
- Off-highway vehicle: means the same as that term is defined under Section
41-22-2 . See Utah Code 41-6a-102- Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 78B-12-102
- Office: means the Office of Indigent Defense Services created in Section
78B-22-451 . See Utah Code 78B-22-102- Office: means the Office of Energy Development created in Section
79-6-401 . See Utah Code 79-6-102- Office: means the Office of Recovery Services within the Department of Health and Human Services. See Utah Code 81-6-101
- Office: means the Office of Energy Development created in Section 79-6-401. See Utah Code 79-6-502
- Office: means the Office of Energy Development created in Section
79-6-401 . See Utah Code 79-6-602- Office: means the Office of Energy Development created in Section
79-6-401 . See Utah Code 79-6-901- Office: means the Office of Energy Development as defined in Section
79-6-401 . See Utah Code 79-6-1001- 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 SectionUtah Code 41-6a-102 - Other on-track equipment: means a railroad car, hi-rail vehicle, rolling stock, or other device operated, alone or coupled with another device, on stationary rails. See Utah Code 41-6a-102
- Other parent: means an individual who, in common with a deploying parent, is:
(13)(a) a parent of a child under the law of this state other than this chapter; or(13)(b) an individual who has custodial responsibility for a child under the law of this state other than this chapter. See Utah Code 78B-20-102- Outdoor recreation infrastructure: means the same as that term is defined in
51-9-901 . See Utah Code 79-7-501- Outdoor recreation infrastructure: means the same as that term is defined in Section
51-9-901 . See Utah Code 79-7-701- Outside this state: means a location in another state or a country other than the United States, whether or not the country is a foreign country. See Utah Code 78B-14-102
- Oversight: Committee review of the activities of a Federal agency or program.
- Owner: means the person for whose property a receiver is appointed. See Utah Code 78B-21-102
- Paleontological resources: means remains of prehistoric life pertaining to the natural history of the state. See Utah Code 79-3-102
- Parent: means a natural parent as defined in Section 80-1-102. See Utah Code 80-7-102
- Parent: means a parent with an established parent-child relationship as described in Section
78B-15-201 . See Utah Code 81-1-101- Parent: includes a natural parent, or an adoptive parent. See Utah Code 78B-12-102
- Parent: means an individual who has established a parent-child relationship under Section
78B-15-201 . See Utah Code 78B-15-102- Parent: means an individual recognized as a parent under other law of this state. See Utah Code 78B-24-101
- Parent-child relationship: means the legal relationship between a child and a parent of the child. See Utah Code 78B-15-102
- Park: means This is the Place State Park, property owned by the state located at 2601 East Sunnyside Avenue, Salt Lake City. See Utah Code 79-4-701
- 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
- Participating county: means a county that complies with this chapter for participation in the Indigent Aggravated Murder Defense Fund as provided in Sections
78B-22-702 and78B-22-703 . See Utah Code 78B-22-102- 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.
- Paternity index: means the likelihood of paternity calculated by computing the ratio between:
(19)(a) the likelihood that the tested man is the father, based on the genetic markers of the tested man and child, conditioned on the hypothesis that the tested man is the father of the child; and(19)(b) the likelihood that the tested man is not the father, based on the genetic markers of the tested man and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man. See Utah Code 78B-15-102- Payee: means the party who is or would receive alimony from the other party. See Utah Code 81-4-501
- Payor: means the party who is paying, or would pay, alimony to the other party. See Utah Code 81-4-501
- 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
- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 79-2-701
- Pedestrian: means a person traveling:
(53)(a) on foot; or(53)(b) in a wheelchair. See Utah Code 41-6a-102- Pedestrian traffic-control signal: means a traffic-control signal used to regulate pedestrians. See Utah Code 41-6a-102
- Permanently disturb: means an action that disrupts the common activities of sage grouse for a period of more than five years and includes all areas where the effects of the action could be expected to disrupt the common activities of sage grouse for a period of more than five years. See Utah Code 79-2-502
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-11-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Utah Code 78B-21-102
- 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: includes government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 78B-13-102
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-14-102
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Utah Code 78B-17-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Utah Code 78B-24-101
- Person: means :
(4)(a) an individual;(4)(b) a corporation;(4)(c) a limited liability company;(4)(d) a partnership;(4)(e) an association;(4)(f) a trust; or(4)(g) a voluntary organization. See Utah Code 79-2-502- 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- Person acting as a parent: means a person, other than a parent, who:
(13)(a) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and(13)(b) has been awarded legal custody by a court or claims a right to legal custody under the law of this state. See Utah Code 78B-13-102- Personal property: All property that is not real property.
- Personal property: includes :
(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5- Petition for termination of parental rights: means a petition filed in accordance with this chapter to terminate the parental rights of a parent. See Utah Code 80-4-102
- Petition to restore parental rights: means a petition filed in accordance with this chapter to restore the rights of a parent with regard to a child. See Utah Code 80-4-102
- Petitioner: means a person who seeks enforcement of a child custody determination or enforcement of an order for the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. See Utah Code 78B-13-301
- Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001
- Petitioner: means an individual who brings a petition for separate maintenance. See Utah Code 81-4-201
- Petitioner: means an individual who brings a petition for an annulment. See Utah Code 81-4-301
- Petitioner: means the individual who brings a petition for divorce. See Utah Code 81-4-401
- Physical abuse: means abuse that results in physical injury or damage to a child. See Utah Code 80-1-102
- Physical custody: means the physical care and supervision of a child. See Utah Code 78B-13-102
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- 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- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Pregnancy expenses: means an amount equal to:
(21)(a) the sum of a pregnant mother's:(21)(a)(i) health insurance premiums while pregnant that are not paid by an employer or government program; and(21)(a)(ii) medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; minus(21)(b) any portion of the amount described in Subsection (21)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child. See Utah Code 78B-12-102- Pregnancy expenses: means an amount equal to:
(23)(a) the sum of a pregnant mother's:(23)(a)(i) health insurance premiums while pregnant that are not paid by an employer or government program; and(23)(a)(ii) medical costs related to the pregnancy, incurred after the date of conception and before the pregnancy ends; and(23)(b) minus any portion of the amount described in Subsection (23)(a) that a court determines is equitable based on the totality of the circumstances, not including any amount paid by the mother or father of the child. See Utah Code 81-6-101