Utah Code > Title 80 > Chapter 5 – Juvenile Justice Services
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Terms Used In Utah Code > Title 80 > Chapter 5 - Juvenile Justice 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 - Account: means the Juvenile Justice Reinvestment Restricted Account created in Section
80-5-302 . See Utah Code 80-5-102- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adult: means an individual who is 18 years old or older. See Utah Code 80-5-102
- 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.
- Aftercare services: means the same as the term "aftercare" is defined in Utah Code 80-5-102
- 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
- Authority: means the Youth Parole Authority created in Section
80-5-701 . See Utah Code 80-5-102- Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102
- 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- Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. 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- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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
- 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- 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 Public Safety. See Utah Code 41-6a-102
- Dependent: A person dependent for support upon another.
- 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 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- Director: means the director of the Division of Juvenile Justice and Youth Services. See Utah Code 80-5-102
- 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 Juvenile Justice and Youth Services created in Section
80-5-103 . See Utah Code 80-5-102- Emancipated: means the same as that term is defined in Section
80-7-102 . 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.
- 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
- 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
- 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
- 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
- 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- 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
- 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- 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- 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 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- 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- 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- 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
- 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- 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- 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- 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.
- 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 - 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
- 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
- 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: 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- 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- 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
- Restitution: means the same as that term is defined in Section
80-6-102 . See Utah Code 80-5-102- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Restored-modified vehicle: means the same as the term defined in Section
41-1a-102 . See Utah Code 41-6a-102- Revocation: means the same as that term is defined in Section
80-6-102 . See Utah Code 80-5-102- Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
- Runaway: means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. See Utah Code 80-1-102
- 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
- Secure care facility: means a facility, established in accordance with Section
80-5-503 , for juvenile offenders in secure care. See Utah Code 80-1-102- Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services:
(74)(a) before disposition of an offense that is alleged to have been committed by the minor; or(74)(b) under Section80-6-704 . See Utah Code 80-1-102- Semitrailer: means a vehicle with or without motive power:
(67)(a)(i) designed for carrying persons or property and for being drawn by a motor vehicle; and(67)(a)(ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-102- Serious youth offender: means an individual who:
(75)(a) is at least 14 years old, but under 25 years old;(75)(b) committed a felony listed in Subsection80-6-503 (1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section80-6-605 ; and(75)(c) is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections80-6-703 and80-6-705 . See Utah Code 80-1-102- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
- Single criminal episode: means the same as that term is defined in Section
76-1-401 . See Utah Code 80-1-102- Solid rubber tire: means a tire of rubber or other resilient material that does not depend on compressed air for the support of the load. See Utah Code 41-6a-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
80-6-102 . See Utah Code 80-5-102- Termination: means the same as that term is defined in Section
80-6-102 . See Utah Code 80-5-102- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
- Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
- Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102
- Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
- 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
- Urban district: means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more. See Utah Code 41-6a-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- Victim: means the same as that term is defined in Section
80-6-102 . See Utah Code 80-5-102- Work program: means a nonresidential public or private service work project established and administered by the division for juvenile offenders for the purpose of rehabilitation, education, and restitution to victims. See Utah Code 80-5-102
- 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- Youth offender: means an individual who is:
(98)(a) at least 12 years old, but under 21 years old; and(98)(b) committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections80-6-703 and80-6-705 . See Utah Code 80-1-102- Youth services: include efforts to:
(20)(b)(i) resolve family conflict;(20)(b)(ii) maintain or reunite minors with the minors' families; and(20)(b)(iii) divert minors from entering or escalating in the juvenile justice system. See Utah Code 80-5-102- Youth services center: means a center established by, or under contract with, the division to provide youth services. See Utah Code 80-5-102
- Account: means the Juvenile Justice Reinvestment Restricted Account created in Section