Utah Code 80-5-102. Definitions

80-5-102. Definitions.
As used in this chapter:

(1)	“Account” means the Juvenile Justice Reinvestment Restricted Account created in Section 80-5-302.

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Terms Used In Utah Code 80-5-102

Account: means the Juvenile Justice Reinvestment Restricted Account created in Section 80-5-302. See Utah Code 80-5-102
Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-5-102
Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
Contract: A legal written agreement that becomes binding when signed.
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
Director: means the director of the Division of Juvenile Justice Services. See Utah Code 80-5-102
Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-5-102
Emancipated: means the same as that term is defined in Section 80-7-102. See Utah Code 80-1-102
Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. 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: 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

Homeless youth: means a child, other than an emancipated minor:

(a)	who is a runaway; or

(b)

who is:

(i)	not accompanied by the child's parent or guardian; and

(ii)

without care, as defined in Section 80-5-602. See Utah Code 80-5-102

Juvenile offender: means :

(a)	a serious youth offender; or

(b)

a youth offender. 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

Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102

Runaway: means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. 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

Ungovernable: means a child in conflict with a parent or guardian, and the conflict:

(a)	results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively;

(b)	poses a threat to the safety or well-being of the child, the child's family, or others; or

(c)

results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102

Youth services: include efforts to:

(i)	resolve family conflict;

(ii)	maintain or reunite minors with the minors' families; and

(iii)

divert minors from entering or escalating in the juvenile justice system. See Utah Code 80-5-102

(2)

(a)	“Adult” means an individual who is 18 years old or older.

(b)	“Adult” does not include a juvenile offender.

(3)	“Aftercare services” means the same as the term “aftercare” is defined in 45 C.F.R. § 1351.1.

(4)	“Authority” means the Youth Parole Authority created in Section 80-5-701.

(5)	“Control” means the authority to detain, restrict, and supervise a juvenile offender in a manner consistent with public safety and the well-being of the juvenile offender and division employees.

(6)	“Director” means the director of the Division of Juvenile Justice Services.

(7)	“Discharge” means the same as that term is defined in Section 80-6-102.

(8)	“Division” means the Division of Juvenile Justice Services created in Section 80-5-103.

(9)

“Homeless youth” means a child, other than an emancipated minor:

(a)	who is a runaway; or

(b)

who is:

(i)	not accompanied by the child’s parent or guardian; and

(ii)	without care, as defined in Section 80-5-602.

(10)	“Observation and assessment program” means a nonresidential service program operated or purchased by the division that is responsible only for diagnostic assessment of minors, including for substance use disorder, mental health, psychological, and sexual behavior risk assessments.

(11)

“Performance based contracting” means a system of contracting with service providers for the provision of residential or nonresidential services that:

(a)	provides incentives for the implementation of evidence-based juvenile justice programs or programs rated as effective for reducing recidivism by a standardized tool in accordance with Section 63M-7-208; and

(b)	provides a premium rate allocation for a minor who receives the evidence-based dosage of treatment and successfully completes the program within three months.

(12)	“Rescission” means the same as that term is defined in Section 80-6-102.

(13)	“Restitution” means the same as that term is defined in Section 80-6-102.

(14)	“Revocation” means the same as that term is defined in Section 80-6-102.

(15)	“Temporary custody” means the same as that term is defined in Section 80-6-102.

(16)

“Temporary homeless youth shelter” means a facility that:

(a)	provides temporary shelter to homeless youth; and

(b)	is licensed by the Department of Health and Human Services, created in Section 26B-1-201, as a residential support program.

(17)	“Termination” means the same as that term is defined in Section 80-6-102.

(18)	“Victim” means the same as that term is defined in Section 80-6-102.

(19)	“Work program” means a nonresidential public or private service work project established and administered by the division for juvenile offenders for the purpose of rehabilitation, education, and restitution to victims.

(20)

(a)

“Youth services” means services provided in an effort to resolve family conflict:

(i)	for families in crisis when a minor is ungovernable or a runaway; or

(ii)	involving a minor and the minor’s parent or guardian.

(b)

“Youth services” include efforts to:

(i)	resolve family conflict;

(ii)	maintain or reunite minors with the minors’ families; and

(iii)

divert minors from entering or escalating in the juvenile justice system.

(c)

“Youth services” may provide:

(i)	crisis intervention;

(ii)	short-term shelter;

(iii)

time-out placement; and

(iv)	family counseling.

(21)	“Youth services center” means a center established by, or under contract with, the division to provide youth services.

Amended by Chapter 255, 2022 General Session

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