Terms Used In Utah Code > Title 80 > Chapter 4 - Termination and Restoration of Parental Rights

• 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 Acquittal: Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt. A verdict of "not guilty."   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 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102 Child and family plan: means a written agreement between a child's parents or guardian and the Division of Child and Family Services as described in Section 80-3-307. See Utah Code 80-1-102 Child-placing agency: means the same as that term is defined in Section 26B-2-101. See Utah Code 80-1-102 committed: means , unless specified otherwise: (a)  with respect to a child, to transfer legal custody; and (b)  with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. 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 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. See Utah Code 80-1-102 Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-4-102 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. Failure of parental adjustment: means that a parent or parents are unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the division to return the child to the home. See Utah Code 80-4-102 Former parent: means an individual whose legal parental rights were terminated under this chapter. See Utah Code 80-4-102 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: (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 Highway: includes :Utah Code 68-3-12.5 Hospital: means a general acute hospital, as that term is defined in Section 26B-2-201, that is: (a)  equipped with an emergency room; (b)  open 24 hours a day, seven days a week; and (c)  employs full-time health care professionals who have emergency medical services training. See Utah Code 80-4-501 Indian child: means the same as that term is defined in 25 U. See Utah Code 80-1-102 Indian tribe: means the same as that term is defined in 25 U. See Utah Code 80-1-102 Indigent defense service provider: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102 Indigent defense services: means the same as that term is defined in Section 78B-22-102. 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. Legal custody: means a relationship embodying: (a)  the right to physical custody of the minor; (b)  the right and duty to protect, train, and discipline the minor; (c)  the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; (d)  the right to determine where and with whom the minor shall live; and (e)  the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102 Mental illness: means : (a)  a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or (b)  the same as that term is defined in: (i)  the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or (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: (a)  a child; or (b)  an individual: (i)  (A)  who is at least 18 years old and younger than 21 years old; and (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; (ii)  (A)  who is at least 18 years old and younger than 25 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or (iii)  (A)  who is at least 18 years old and younger than 21 years old; and (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 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 Neglected child: means a child who has been subjected to neglect. See Utah Code 80-1-102 Newborn child: means a child who is approximately 30 days old or younger, as determined within a reasonable degree of medical certainty. See Utah Code 80-4-501 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 Petition for termination of parental rights: means a petition filed in accordance with this chapter to terminate the parental rights of a parent. See Utah Code 80-4-102 Petition to restore parental rights: means a petition filed in accordance with this chapter to restore the rights of a parent with regard to a child. See Utah Code 80-4-102 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 Protective services: means expedited services that are provided: (a)  in response to evidence of neglect, abuse, or dependency of a child; (b)  to a cohabitant who is neglecting or abusing a child, in order to: (i)  help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and (ii)  strengthen the cohabitant's ability to provide safe and acceptable care; and (c)  in cases where the child's welfare is endangered: (i)  to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; (ii)  to cause a protective order to be issued for the protection of the child, when appropriate; and (iii)  to protect the child from the circumstances that endanger the child's welfare including, when appropriate: (A)  removal from the child's home; (B)  placement in substitute care; and (C)  petitioning the court for termination of parental rights. 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 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 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 Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-4-102 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 Therapist: means : (a)  an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or (b)  any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5