26B-5-504.  Criteria for essential treatment and intervention.
     A court shall order an individual to undergo essential treatment for a substance use disorder when the court determines by clear and convincing evidence that the individual:

(1)  suffers from a substance use disorder;

Terms Used In Utah Code 26B-5-504

  • 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.
  • Serious harm: means the individual, due to substance use disorder, is at serious risk of:
(a) drug overdose;
(b) suicide;
(c) serious bodily self-injury;
(d) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter; or
(e) causing or attempting to cause serious bodily injury to another individual. See Utah Code 26B-5-501
  • Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-501
    • (2)  can reasonably benefit from the essential treatment;

    (3)  is unlikely to substantially benefit from a less-restrictive alternative treatment; and

    (4)  presents a serious harm to self or others.

    Renumbered and Amended by Chapter 308, 2023 General Session

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