Terms Used In Utah Code > Title 80 > Chapter 3 > Part 5 - Miscellaneous Hearings and Petitions

• 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
• 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.
• 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
• Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102
• 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.
• Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102
• 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.
• 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
• Indian child: means the same as that term is defined in 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.
• 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
• 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
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• 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
• 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
• 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