Terms Used In Utah Code > Title 80 > Chapter 6 > Part 10 - Juvenile Records and Expungement

• Abstract: means a copy or summary of a court's disposition. See Utah Code 80-6-1001
• 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
• 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.
• Agency: includes a local education agency, as defined in Section 53E-1-102, for purposes of this part. See Utah Code 80-6-1001
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the Board of Juvenile Court Judges. 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
• 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
• 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
• 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 Juvenile Justice and Youth Services created in Section 80-5-103. See Utah Code 80-6-102
• 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.
• Expunge: means to seal or otherwise restrict access to a record that is part of an individual's juvenile record and in the custody of the juvenile court or an agency. See Utah Code 80-6-1001
• Fraud: Intentional deception resulting in injury to another.
• 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 record: means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. See Utah Code 80-6-1001
• 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
• 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
• 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
• Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of:
       (60)(a) the assigned juvenile probation officer; and
       (60)(b)

            (60)(b)(i) the minor; or

            (60)(b)(ii) the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102
• 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
• 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
• Petitioner: means an individual requesting an expungement or vacatur under this part. See Utah Code 80-6-1001
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Prosecuting attorney: means :
       (65)(a) the attorney general and any assistant attorney general;
       (65)(b) any district attorney or deputy district attorney;
       (65)(c) any county attorney or assistant county attorney; and
       (65)(d) any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102
• Restitution: means money or services that the juvenile court, or a juvenile probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to a victim for the minor's wrongful act or conduct. See Utah Code 80-6-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• 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
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unsupported: means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102
• Venue: The geographical location in which a case is tried.
• Victim: includes :
            (20)(b)(i) any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and
            (20)(b)(ii) the Utah Office for Victims of Crime. See Utah Code 80-6-102
• Violent felony: means the same as that term is defined in Section Utah Code 80-6-102
• 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