Terms Used In Utah Code > Title 80 > Chapter 2a - Removal and Protective Custody of a Child

• Abuse: means :

  (i)

  (A)  nonaccidental harm of a child; (B)  threatened harm of a child; (C)  sexual exploitation; (D)  sexual abuse; or (E)  human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102 Adjudication: means a finding by the court, incorporated in a decree, 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 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. Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 41-12a-103 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 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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: 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: (a)  marriage; (b)  enlistment in the armed forces; (c)  major medical, surgical, or psychiatric treatment; or (d)  legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102 Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102 Harm: means : (a)  physical or developmental injury or damage; (b)  emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; (c)  sexual abuse; or (d)  sexual exploitation. See Utah Code 80-1-102 Indian child: means the same as that term is defined in 25 U. See Utah Code 80-1-102 Indigent individual: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102 Judgment: means any judgment that is final by: (a)  expiration without appeal of the time within which an appeal might have been perfected; or (b)  final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages: (i)  arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or (ii)  on a settlement agreement. See Utah Code 41-12a-103 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. 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 Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103 Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102 Neglect: means action or inaction causing: (i)  abandonment of a child, except as provided in 5; (ii)  lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; (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; (iv)  a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; (v)  abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or (vi)  educational neglect. See Utah Code 80-1-102 Nonresident: means every person who is not a resident of Utah. See Utah Code 41-12a-103 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. Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103 Owner: means : (a)  a person who holds legal title to a motor vehicle; (b)  a lessee in possession; (c)  a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or (d)  a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103 Person: means :Utah Code 68-3-12.5 Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. 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: (a)  the day on which the shelter hearing is held under Section 80-3-301; or (b)  the day on which the child is returned home. See Utah Code 80-1-102 Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103 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. Severe abuse: means abuse that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102 Severe neglect: means neglect that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102 Sexual abuse: means : (a)  an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child; (b)  an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if: (i)  there is an indication of force or coercion; (ii)  the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption; (iii)  there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or (iv)  there is a disparity in chronological age of four or more years between the two children; (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: (i)  4, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor; (ii)  child bigamy, Section 76-7-101. See Utah Code 80-1-102 Sexual exploitation: means knowingly: (a)  employing, using, persuading, inducing, enticing, or coercing any child to: (i)  pose in the nude for the purpose of sexual arousal of any individual; or (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; (b)  displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child: (i)  in the nude, for the purpose of sexual arousal of any individual; or (ii)  engaging in sexual or simulated sexual conduct; or (c)  engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201. See 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 Shelter facility: means a nonsecure facility that provides shelter for a 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 Substitute care: means : (a)  the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare; (b)  services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or (c)  the licensing and supervision of a substitute care facility. See Utah Code 80-1-102 Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5