Terms Used In Utah Code > Title 80 > Chapter 3 - Abuse, Neglect, and Dependency Proceedings

• 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
• Adjudication: means , except as provided in Subsection (3)(b):
            (3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:

                 (3)(a)(i)(A) a finding by the juvenile court that the facts alleged in a delinquency petition or criminal information alleging that a minor committed an offense have been proved;

                 (3)(a)(i)(B) an admission by a minor in the juvenile court as described in Section 80-6-306; or

                 (3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or
            (3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102
• Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
• 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.
• Allegation: something that someone says happened.
• 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.
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Attorney guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
• Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
• 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 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
• Clandestine laboratory operation: means the same as that term is defined in Section 58-37d-3. See Utah Code 80-1-102
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
• dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
• Dependent: A person dependent for support upon another.
• 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
• Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition. See Utah Code 80-1-102
• Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
• 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
• 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.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• 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
• 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 ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102
• Harm: means :
       (37)(a) physical or developmental injury or damage;
       (37)(b) emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning;
       (37)(c) sexual abuse; or
       (37)(d) sexual exploitation. See Utah Code 80-1-102
• 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
• Immediate family member: means a spouse, child, parent, sibling, grandparent, or grandchild. See Utah Code 80-3-102
• Indian child: 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 service provider: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102
• Indigent defense services: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102
• Indigent individual: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102
• Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legal custody: means a relationship embodying:
       (50)(a) the right to physical custody of the minor;
       (50)(b) the right and duty to protect, train, and discipline the minor;
       (50)(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care;
       (50)(d) the right to determine where and with whom the minor shall live; and
       (50)(e) the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102
• Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102
• Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102
• Mental illness: means :
       (53)(a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
       (53)(b) the same as that term is defined in:

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

            (53)(b)(ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 80-1-102
• Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
       (54)(a) a child; or
       (54)(b) an individual:

            (54)(b)(i)

                 (54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and

                 (54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;

            (54)(b)(ii)

                 (54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and

                 (54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or

            (54)(b)(iii)

                 (54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and

                 (54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• 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
• Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102
• Neglect: means action or inaction causing:
            (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
            (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
            (58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
            (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
            (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
            (58)(a)(vi) educational neglect. See Utah Code 80-1-102
• 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: 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
• Physical abuse: means abuse that results in physical injury or damage to a child. See Utah Code 80-1-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
       (66)(a) the day on which the shelter hearing is held under Section 80-3-301; or
       (66)(b) the day on which the child is returned home. See Utah Code 80-1-102
• Protective services: means expedited services that are provided:
       (67)(a) in response to evidence of neglect, abuse, or dependency of a child;
       (67)(b) to a cohabitant who is neglecting or abusing a child, in order to:

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

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

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

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

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

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

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

                 (67)(c)(iii)(C) petitioning the court for termination of parental rights. See Utah Code 80-1-102
• Protective supervision: means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby:
       (68)(a) the minor is permitted to remain in the minor's home; and
       (68)(b) supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. See Utah Code 80-1-102
• Relative: means an adult who:
       (6)(a) is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling;
       (6)(b) is a first cousin of the child's parent;
       (6)(c) is a permanent guardian or natural parent of the child's sibling; or
       (6)(d) in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, Utah Code 80-3-102
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102
• Severe abuse: means abuse that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102
• Severe neglect: means neglect that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102
• Severe type of child abuse or neglect: means , except as provided in Subsection (78)(b):
            (78)(a)(i) if committed by an individual who is 18 years old or older:

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

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

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

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

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

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

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

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

                 (78)(a)(ii)(B) sexual behavior with or upon another child that indicates a significant risk to other children. See Utah Code 80-1-102
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Sexual abuse: means :
       (79)(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child;
       (79)(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if:

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

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

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

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

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

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

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

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

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

            (80)(b)(ii) engaging in sexual or simulated sexual conduct; or
       (80)(c) engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section Utah Code 80-1-102
• Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102
• Sibling: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
• Sibling visitation: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
• 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
• Street-legal novel vehicle: means a vehicle registered as a novel vehicle under Section 41-27-201 that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with with Section 41-6a-1509. See Utah Code 41-6a-102 v3
• substantiation: means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred . See Utah Code 80-1-102
• Substitute care: means :
       (88)(a) the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare;
       (88)(b) services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or
       (88)(c) the licensing and supervision of a substitute care facility. See Utah Code 80-1-102
• Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
• Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
• 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
• Testify: Answer questions in court.
• Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapist: means :
       (91)(a) an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or
       (91)(b) any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Ungovernable: means a child in conflict with a parent or guardian, and the conflict:
       (93)(a) results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively;
       (93)(b) poses a threat to the safety or well-being of the child, the child's family, or others; or
       (93)(c) results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unsubstantiated: means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
• Without merit: means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. See Utah Code 80-1-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5