Terms Used In Utah Code > Title 80 > Chapter 3 > Part 2 - Petition Alleging Abuse, Neglect, or Dependency

• Abuse: means :
            (1)(a)(i)

                 (1)(a)(i)(A) nonaccidental harm of a child;

                 (1)(a)(i)(B) threatened harm of a child;

                 (1)(a)(i)(C) sexual exploitation;

                 (1)(a)(i)(D) sexual abuse; or

                 (1)(a)(i)(E) human trafficking of a child in violation of Section Utah Code 80-1-102
• Adjudication: means , except as provided in Subsection (3)(b):
            (3)(a)(i) for a delinquency petition or criminal information under Chapter 6, Juvenile Justice:

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

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

                 (3)(a)(i)(C) a plea of no contest by minor in the juvenile court; or
            (3)(a)(ii) for all other proceedings under this title, a finding by the juvenile court that the facts alleged in the petition have been proved. See Utah Code 80-1-102
• Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102
• 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.
• 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 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
• 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.
• dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
• Dependent: A person dependent for support upon another.
• Detention: means home detention or secure detention. See Utah Code 80-1-102
• 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.
• 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: 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 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
• 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.
• 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
• 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
• Physical abuse: means abuse that results in physical injury or damage to a child. See Utah Code 80-1-102
• 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
• 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
• 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
• Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102