Terms Used In Utah Code > Title 80 > Chapter 2 > Part 8 - Division Child Placing and Adoption Services

• 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
• 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
• 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 placing: means the same as that term is defined in Section 26B-2-101. See Utah Code 80-1-102
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
• dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
• Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
       (35)(a) marriage;
       (35)(b) enlistment in the armed forces;
       (35)(c) major medical, surgical, or psychiatric treatment; or
       (35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102
• Indian child: means the same as that term is defined in Utah Code 80-1-102
• 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
• Neglect: means action or inaction causing:
            (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
            (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
            (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
            (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
            (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
            (58)(a)(vi) educational neglect. See Utah Code 80-1-102
• 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
• 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
• Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
       (66)(a) the day on which the shelter hearing is held under Section 80-3-301; or
       (66)(b) the day on which the child is returned home. See Utah Code 80-1-102
• Sibling: means a child who shares or has shared at least one parent in common either by blood or adoption. See Utah Code 80-2-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State medical assistance: means the Medicaid program and medical assistance as those terms are defined in Section 26-18-2. See Utah Code 80-2-801
• Supplemental adoption assistance: means financial support for extraordinary, infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state medical assistance, or other public benefits for which a child who has a special need is eligible. See Utah Code 80-2-801
• Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
• Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
• Vendor services: means services that a person provides under contract with the division. See Utah Code 80-2-801