Terms Used In Utah Code > Title 80 > Chapter 6 > Part 4 - Competency

• 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.
• 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
• Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102
• 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
• Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401
• competent to proceed: means that a minor has:
            (1)(a)(i) a present ability to consult with counsel with a reasonable degree of rational understanding; and
            (1)(a)(ii) a rational as well as factual understanding of the proceedings. See Utah Code 80-6-401
• Defense attorney: Represent defendants in criminal matters.
• Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
• Detention: means home detention or secure detention. See Utah Code 80-1-102
• Developmental immaturity: means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to:
       (26)(a) consult with counsel with a reasonable degree of rational understanding; and
       (26)(b) have a rational as well as factual understanding of the proceedings. 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.
• Forensic evaluator: means the same as that term is defined in Section 77-15-2. See Utah Code 80-6-401
• 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
• 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
• 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
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Not competent to proceed: means an individual is not competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401
• 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
• 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
• Related condition: means a condition that:
            (69)(a)(i) is found to be closely related to intellectual disability;
            (69)(a)(ii) results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual;
            (69)(a)(iii) is likely to continue indefinitely; and
            (69)(a)(iv) constitutes a substantial limitation to the individual's ability to function in society. 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
• Substance abuse: means , except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. See Utah Code 80-1-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.