Utah Code > Title 26B > Chapter 2 > Part 1 – Human Services Programs and Facilities
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Terms Used In Utah Code > Title 26B > Chapter 2 > Part 1 - Human Services Programs and Facilities
- Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Applicant: means a person that applies for an initial license or a license renewal under this part. See Utah Code 26B-2-101
- Arrest: Taking physical custody of a person by lawful authority.
- Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3
- Associated with the licensee: means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body, employee, agent, provider of care, department contractor, or volunteer; or (ii) applying to become affiliated with a licensee in a capacity described in Subsection (4)(a)(i). See Utah Code 26B-2-101 - Boarding school: means a private school that:
(i) uses a regionally accredited education program; (iii) has the primary purpose of providing the school's students with an education, as defined in Subsection (5)(b)(i); and (iv) (A) does not provide the treatment or services described in Subsection (38)(a); or (B) provides the treatment or services described in Subsection (38)(a) on a limited basis, as described in Subsection (5)(b)(ii). See Utah Code 26B-2-101 - Child: means an individual under 18 years old. See Utah Code 26B-2-101
- Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child; (b) placing the child in a home for adoption; or (c) foster home placement. See Utah Code 26B-2-101 - Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
- Commission: means the Public Service Commission. See Utah Code 54-2-1
- Communication service: means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Utah Code 54-8-3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Congregate care program: means any of the following that provide services to a child:
(i) an outdoor youth program; (ii) a residential support program; (iii) a residential treatment program; or (iv) a therapeutic school. See Utah Code 26B-2-101 - Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
- Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1
- Department contractor: means an individual who:
(a) provides services under a contract with the department; and (b) due to the contract with the department, has or will likely have direct access to a child or vulnerable adult. See Utah Code 26B-2-101 - Direct access: means that an individual has, or likely will have:
(a) contact with or access to a child or vulnerable adult that provides the individual with an opportunity for personal communication or touch; or (b) an opportunity to view medical, financial, or other confidential personal identifying information of the child, the child's parents or legal guardians, or the vulnerable adult. See Utah Code 26B-2-101 - Directly supervised: means that an individual is being supervised under the uninterrupted visual and auditory surveillance of another individual who has a current background screening approval issued by the office. See Utah Code 26B-2-101
- Director: means the director of the office. See Utah Code 26B-2-101
- Docket: A log containing brief entries of court proceedings.
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 26B-2-101
- education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
- Elder adult: means a person 65 years old or older. See Utah Code 26B-2-101
- Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
- Fraud: Intentional deception resulting in injury to another.
- Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3
- 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
- Health benefit plan: means the same as that term is defined in Section 31A-22-634. See Utah Code 26B-2-101
- Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-2-101
- Health insurer: means the same as that term is defined in Section 31A-22-615. See Utah Code 26B-2-101
- Highway: includes :Utah Code 68-3-12.5
- Human services program: means :
(i) a foster home; (ii) a therapeutic school; (iii) a youth program; (iv) an outdoor youth program; (v) a residential treatment program; (vi) a residential support program; (vii) a resource family home; (viii) a recovery residence; or (ix) a facility or program that provides: (A) adult day care; (B) day treatment; (C) outpatient treatment; (D) domestic violence treatment; (E) child-placing services; (F) social detoxification; or (G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101 - Indian child: means the same as that term is defined in 25 U. See Utah Code 26B-2-101
- Indian country: means the same as that term is defined in 18 U. See Utah Code 26B-2-101
- Indian tribe: means the same as that term is defined in 25 U. See Utah Code 26B-2-101
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Land: includes :Utah Code 68-3-12.5
- Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
- Lien: A claim against real or personal property in satisfaction of a debt.
- Local government: means a city, town, metro township, or county. See Utah Code 26B-2-101
- Minor: means child. See Utah Code 26B-2-101
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
- Outdoor youth program: means a program that provides:
(a) services to a child that has: (i) a chemical dependency; or (ii) a dysfunction or impairment that is emotional, psychological, developmental, physical, or behavioral; (b) a 24-hour outdoor group living environment; and (c) (i) regular therapy, including group, individual, or supportive family therapy; or (ii) informal therapy or similar services, including wilderness therapy, adventure therapy, or outdoor behavioral healthcare. See Utah Code 26B-2-101 - Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Utah Code 54-8-3
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means :Utah Code 68-3-12.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Point of delivery: means :
(a) a meter, for electric facilities; or (b) a network interface device, for communication facilities. See Utah Code 54-8-3 - Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. See Utah Code 26B-2-101
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1
- Public utility: means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. See Utah Code 54-8-3
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recovery residence: means a home, residence, or facility that meets at least two of the following requirements:
(i) provides a supervised living environment for individuals recovering from a substance use disorder; (ii) provides a living environment in which more than half of the individuals in the residence are recovering from a substance use disorder; (iii) provides or arranges for residents to receive services related to the resident's recovery from a substance use disorder, either on or off site; (iv) is held out as a living environment in which individuals recovering from substance abuse disorders live together to encourage continued sobriety; or (v) (A) receives public funding; or (B) is run as a business venture, either for-profit or not-for-profit. See Utah Code 26B-2-101 - Regular business hours: means :
(a) the hours during which services of any kind are provided to a client; or (b) the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101 - Residential support program: includes a program that provides a supervised living environment for individuals with dysfunctions or impairments that are:
(i) emotional; (ii) psychological; (iii) developmental; or (iv) behavioral. See Utah Code 26B-2-101 - Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
- Residential treatment program: means a program or facility that provides:
(a) residential treatment; or (b) intermediate secure treatment. See Utah Code 26B-2-101 - Resolution: means ordinance when the governing body properly acts by ordinance rather than by resolution. See Utah Code 54-8-3
- Seclusion: means the involuntary confinement of an individual in a room or an area:
(a) away from the individual's peers; and (b) in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101 - 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
- substance use disorder treatment program: means a program:
(a) designed to provide: (i) specialized drug or alcohol treatment; (ii) rehabilitation; or (iii) habilitation services; and (b) that provides the treatment or services described in Subsection (44)(a) to persons with: (i) a diagnosed substance use disorder; or (ii) chemical dependency disorder. See Utah Code 26B-2-101 - Therapeutic school: means a residential group living facility:
(a) for four or more individuals that are not related to: (i) the owner of the facility; or (ii) the primary service provider of the facility; (b) that serves students who have a history of failing to function: (i) at home; (ii) in a public school; or (iii) in a nonresidential private school; and (c) that offers: (i) room and board; and (ii) an academic education integrated with: (A) specialized structure and supervision; or (B) services or treatment related to: (I) a disability; (II) emotional development; (III) behavioral development; (IV) familial development; or (V) social development. See Utah Code 26B-2-101 - Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- 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
- Vulnerable adult: means an elder adult or an adult who has a temporary or permanent mental or physical impairment that substantially affects the person's ability to:
(a) provide personal protection; (b) provide necessities such as food, shelter, clothing, or mental or other health care; (c) obtain services necessary for health, safety, or welfare; (d) carry out the activities of daily living; (e) manage the adult's own resources; or (f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-2-101 - Writing: includes :Utah Code 68-3-12.5
- Youth program: means a program designed to provide behavioral, substance use, or mental health services to minors that:
(i) serves adjudicated or nonadjudicated youth; (ii) charges a fee for the program's services; (iii) may provide host homes or other arrangements for overnight accommodation of the youth; (iv) may provide all or part of the program's services in the outdoors; (v) may limit or censor access to parents or guardians; and (vi) prohibits or restricts a minor's ability to leave the program at any time of the minor's own free will. See Utah Code 26B-2-101 - Youth transportation company: means any person that transports a child for payment to or from a congregate care program in Utah. See Utah Code 26B-2-101
- Boarding school: means a private school that: