| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102Agency: means a state, county, or local government entity that generates or maintains records relating to a nonjudicial adjustment or an adjudication for which expungement may be ordered under this part. See Utah Code 80-6-1001dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102Disposition: 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 80-1-102Juvenile record: means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. See Utah Code 80-6-1001 v2Neglect: 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 80-1-102State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102 |
| (2) |
| (a) |
“Agency” means a state, county, or local government entity that generates or maintains records for which expungement may be ordered under this part. |
| (b) |
“Agency” includes a local education agency, as defined in Section 53E-1-102, for purposes of this part. |
|
| (3) |
“Expunge” means to seal or otherwise restrict access to a record that is part of an individual’s juvenile record and in the custody of the juvenile court or an agency. |
| (4) |
| (a) |
“Juvenile record” means all records for all incidents of delinquency involving an individual that are in the custody of the juvenile court or an agency. |
|
| (5) |
“Petitioner” means an individual requesting an expungement or vacatur under this part. |
Amended by Chapter 115, 2023 General Session
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