76-5-110.  Abuse or neglect of a child with a disability.

(1) 

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Terms Used In Utah Code 76-5-110

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Utah Code 76-1-101.5
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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: includes a person who:Utah Code 68-3-12.5
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
(a)  As used in this section:

(i)  “Abuse” means:

(A)  inflicting physical injury;

(B)  having the care or custody of a child with a disability, causing or permitting another to inflict physical injury; or

(C)  unreasonable confinement.

(ii)  “Caretaker” means:

(A)  any parent, legal guardian, or other person having under that person’s care and custody a child with a disability; or

(B)  any person, corporation, or public institution that has assumed by contract or court order the responsibility to provide food, shelter, clothing, medical, and other necessities to a child with a disability.

(iii)  “Child with a disability” means an individual under 18 years old who is impaired because of mental illness, mental deficiency, physical illness or disability, or other cause, to the extent that the individual is unable to care for the individual’s own personal safety or to provide necessities such as food, shelter, clothing, and medical care.

(iv)  “Neglect” means failure by a caretaker to provide care, nutrition, clothing, shelter, supervision, or medical care.

(v)  “Physical injury” means the same as that term is defined in Section 76-5-109.

(b)  Terms defined in Section 76-1-101.5 apply to this section.

(2)  An actor commits abuse or neglect of a child with a disability if the actor is a caretaker and intentionally, knowingly, or recklessly abuses or neglects a child with a disability.

(3)  A violation of Subsection (2) is a third degree felony.

(4) 

(a)  A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent may not, for that reason alone, be considered to be in violation under this section.

(b)  Subject to Section 80-3-109, the exception under Subsection (4)(a) does not preclude a court from ordering medical services from a physician licensed to engage in the practice of medicine to be provided to the child where there is substantial risk of harm to the child’s health or welfare if the treatment is not provided.

(c)  A caretaker of a child with a disability does not violate this section by selecting a treatment option for a medical condition of a child with a disability, if the treatment option is one that a reasonable caretaker would believe to be in the best interest of the child with a disability.

Amended by Chapter 181, 2022 General Session

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