Part 1 General Provisions 26B-5-101 – 26B-5-120
Part 2 Substance Use Disorder Intervention, Prevention, and Education 26B-5-201 – 26B-5-211
Part 3 Utah State Hospital and Other Mental Health Facilities 26B-5-301 – 26B-5-380
Part 4 Commitment of Persons Under Age 18 26B-5-401 – 26B-5-413
Part 5 Essential Treatment and Intervention 26B-5-501 – 26B-5-511
Part 6 Mental Health Intervention and Treatment Programs 26B-5-601 – 26B-5-612

Terms Used In Utah Code > Title 26B > Chapter 5 - Health Care - Substance Use and Mental Health

  • Accommodation: means :
    (a) a hotel or motel room;
    (b) a condominium or cooperative unit;
    (c) a cabin;
    (d) a lodge;
    (e) an apartment; or
    (f) a private or commercial structure designed for overnight occupancy by one or more individuals. See Utah Code 57-19-2
  • ACT team: means a mobile team of medical and mental health professionals that provides assertive community outreach treatment and, based on the individual circumstances of each case, coordinates with other medical providers and appropriate community resources. See Utah Code 26B-5-601
  • ACT team personnel: means a licensed psychiatrist or mental health therapist, or another individual, as determined by the division, who is part of an ACT team. See Utah Code 26B-5-601
  • Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Utah Code 57-25-102
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Adult: means an individual 18 years old or older. See Utah Code 26B-5-301
  • Affiliate: means the same as that term is defined in Section 16-6a-102. See Utah Code 57-21-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
  • Aggrieved person: includes a person who:
    (a) claims to have been injured by a discriminatory housing practice; or
    (b) believes that the person will be injured by a discriminatory housing practice that is about to occur. See Utah Code 57-21-2
  • Allegation: something that someone says happened.
  • Amendment: means a change to an approved registration that is required under Section 57-19-9 or by a division rule made under this chapter. See Utah Code 57-19-2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-110(2)(j). See Utah Code 26B-5-301
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include :
    (a) amended and restated articles of incorporation;
    (b) articles of merger; and
    (c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
  • Assertive community treatment: includes the provision of assessment and treatment plans, rehabilitation, support services, and referrals to other community resources. See Utah Code 26B-5-601
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
  • Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
  • Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
  • Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
  • Association: means an organized body consisting solely of owners of timeshare interests in a timeshare development, including developers or purchasers. See Utah Code 57-19-2
  • Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bequest: Property gifted by will.
  • Business day: means a day other than a Saturday, Sunday, or state or federal holiday. See Utah Code 57-19-2
  • Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
  • Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. See Utah Code 57-19-2
  • Camping site: means a space designed or promoted for the purpose of locating a trailer, tent, tent trailer, recreational vehicle, pickup camper, motor home, or other similar device used for land-based portable housing. See Utah Code 57-19-2
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Change of use: means a change of the use of a mobile home park, or any part of it, for a purpose other than the rental of mobile home spaces. See Utah Code 57-16-3
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Child: means a person under 18 years old. See Utah Code 26B-5-401
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the Labor Commission. See Utah Code 57-21-2
  • Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Utah Code 57-25-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community mental health center: means an entity that provides treatment and services to a resident of a designated geographical area, that operates by or under contract with a local mental health authority, and that complies with state standards for community mental health centers. See Utah Code 26B-5-301
  • Complainant: means an aggrieved person, including the director, who has commenced a complaint with the division. See Utah Code 57-21-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conciliation: means the attempted resolution of an issue raised in a complaint of discriminatory housing practices by the investigation of the complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
  • Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See Utah Code 57-21-2
  • Conciliation conference: means the attempted resolution of an issue raised in a complaint or by the investigation of a complaint through informal negotiations involving the complainant, the respondent, and the division. See Utah Code 57-21-2
  • conservation easement: means an easement, covenant, restriction, or condition in a deed, will, or other instrument signed by or on behalf of the record owner of the underlying real property for the purpose of preserving and maintaining land or water areas predominantly in a natural, scenic, or open condition, or for recreational, agricultural, cultural, wildlife habitat or other use or condition consistent with the protection of open land. See Utah Code 57-18-2
  • Consolidation: means the registration of one or more additional sites or interests in a development after the division approves the development's registration. See Utah Code 57-19-2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative: means a form of coownership of real estate in which:
    (a) the fee interest in the real estate is held by a corporation, partnership, trust, or other legal entity;
    (b) an individual's interest in the cooperative is evidenced in a form such as stock, participation shares, membership certificates, or similar instrument; and
    (c) the participating individual's right of occupancy is demonstrated by a proprietary lease or similar instrument. See Utah Code 57-23-2
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County legislative body: means :Utah Code 68-3-12.5
  • Covered multifamily dwelling: means :
    (a) a building consisting of four or more dwelling units if the building has one or more elevators; and
    (b) the ground floor units in other buildings consisting of four or more dwelling units. See Utah Code 57-21-2
  • Criminal risk factors: means a person's characteristics and behaviors that:
    (a) affect the person's risk of engaging in criminal behavior; and
    (b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in reduced risk of criminal behavior. See Utah Code 26B-5-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Day: means calendar day. See Utah Code 57-26-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
  • Designated examiner: means :
    (a) a licensed physician, preferably a psychiatrist, who is designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness; or
    (b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of mental illness. See Utah Code 26B-5-301
  • Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
  • Developer: means a person that:
    (a) establishes, owns, offers, sells, or operates a timeshare development or camp resort; or
    (b) engages one or more other persons to establish, own, offer, sell, or operate a timeshare development or camp resort on the person's behalf. See Utah Code 57-19-2
  • Development: includes :
    (i) a single-site development; or
    (ii) a multiple-site development. See Utah Code 57-19-2
  • Devise: To gift property by will.
  • Direct sales presentation: means an in-person, telephonic, or Internet-based communication that presents an offer to purchase an interest in a development to one or more prospective purchasers. See Utah Code 57-19-2
  • Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
  • Director: means the director of the division. See Utah Code 57-19-2
  • Director: means the director of the division or a designee. See Utah Code 57-21-2
  • Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 57-21-2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminate: includes segregate or separate. See Utah Code 57-21-2
  • Discriminatory housing practice: means an act that is unlawful under this chapter. See Utah Code 57-21-2
  • Division: means the Division of Integrated Healthcare created in Section 26B-1-202. See Utah Code 26B-5-101
  • Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-19-2
  • Division: means the Division of Antidiscrimination and Labor established under the commission. See Utah Code 57-21-2
  • Division: means the Division of Real Estate of the Department of Commerce. See Utah Code 57-23-2
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
  • Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
  • Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102
  • Donor: The person who makes a gift.
  • Dwelling: means :
    (a) a building or structure, or a portion of a building or structure, occupied as, designed as, or intended for occupancy as a residence of one or more families; or
    (b) vacant land that is offered for sale or lease for the construction or location of a dwelling as described in Subsection (14)(a). See Utah Code 57-21-2
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 57-25-102
  • Environmental response project: means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
    (a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code;
    (b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
    (c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program. See Utah Code 57-25-102
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Essential treatment examiner: means :
    (a) a licensed physician, preferably a psychiatrist, who is designated by the division as specifically qualified by training or experience in the diagnosis of substance use disorder; or
    (b) a licensed mental health professional designated by the division as specially qualified by training and who has at least five years' continual experience in the treatment of substance use disorder. See Utah Code 26B-5-501
  • 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 of Commerce. See Utah Code 57-19-2
  • 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.
  • Familial status: means one or more individuals who have not attained the age of 18 years being domiciled with:
    (i) a parent or another person having legal custody of the one or more individuals; or
    (ii) the designee of the parent or other person having custody, with the written permission of the parent or other person. See Utah Code 57-21-2
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fees: means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits. See Utah Code 57-16-3
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flag: means a depiction or emblem:
    (i) 
    (A) of the flag of the United States as provided in United States Code Title 4, Chapter 1, The Flag; or
    (B) of the state flag of Utah as provided in Section 63G-1-501;
    (ii) made from fabric or cloth; and
    (iii) with measurements that do not exceed three feet by five feet. See Utah Code 57-24-101
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gender identity: has the meaning provided in the Diagnostic and Statistical Manual (DSM-5). See Utah Code 57-21-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • 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
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Harmful sexual conduct: means the following conduct upon an individual without the individual's consent, including the nonconsensual circumstances described in Subsections 76-5-406(2)(a) through (l):
    (a) sexual intercourse;
    (b) penetration, however slight, of the genital or anal opening of the individual;
    (c) any sexual act involving the genitals or anus of the actor or the individual and the mouth or anus of either individual, regardless of the gender of either participant; or
    (d) any sexual act causing substantial emotional injury or bodily pain. See Utah Code 26B-5-301
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Holder: means the grantee of an environmental covenant as specified in Subsection 57-25-103(1). See Utah Code 57-25-102
  • Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301
  • Informed waiver: means the patient was informed of a right and, after being informed of that right and the patient's right to waive the right, expressly communicated his or her intention to waive that right. See Utah Code 26B-5-301
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means a hospital or a health facility licensed under Section 26B-2-206. See Utah Code 26B-5-301
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • Interest: includes a membership agreement, sale, lease, deed, license, or right-to-use agreement. See Utah Code 57-19-2
  • 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
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal custody: means :
    (a) the right to determine where and with whom the child shall live;
    (b) the right to participate in all treatment decisions and to consent or withhold consent for treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery; and
    (c) the right to authorize surgery or other extraordinary medical care. See Utah Code 26B-5-401
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
  • Local substance abuse authority: means a county legislative body designated to provide substance abuse services in accordance with Section 17-43-201. See Utah Code 26B-5-201
  • Local substance abuse authority: means a county legislative body. See Utah Code 26B-5-101
  • Local substance abuse authority: means the same as that term is defined in Section 26B-5-101 and described in Section 17-43-201. See Utah Code 26B-5-301
  • MCOT: means a mobile team of medical and mental health professionals that, in coordination with local law enforcement and emergency medical service personnel, provides mental health crisis services. See Utah Code 26B-5-101
  • Mental health crisis: means :
    (a) a mental health condition that manifests in an individual by symptoms of sufficient severity that a prudent layperson who possesses an average knowledge of mental health issues could reasonably expect the absence of immediate attention or intervention to result in:
    (i) serious danger to the individual's health or well-being; or
    (ii) a danger to the health or well-being of others; or
    (b) a mental health condition that, in the opinion of a mental health therapist or the therapist's designee, requires direct professional observation or intervention. See Utah Code 26B-5-101
  • Mental health crisis services: means an array of services provided to an individual who experiences a mental health crisis, which may include:
    (a) direct mental health services;
    (b) on-site intervention provided by a mobile crisis outreach team;
    (c) the provision of safety and care plans;
    (d) prolonged mental health services for up to 90 days after the day on which an individual experiences a mental health crisis;
    (e) referrals to other community resources;
    (f) local mental health crisis lines; and
    (g) the statewide mental health crisis line. See Utah Code 26B-5-101
  • Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. See Utah Code 26B-5-301
  • Mental health officer: means an individual who is designated by a local mental health authority as qualified by training and experience in the recognition and identification of mental illness, to:
    (a) apply for and provide certification for a temporary commitment; or
    (b) assist in the arrangement of transportation to a designated mental health facility. See Utah Code 26B-5-301
  • Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-101
  • Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-601
  • Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
  • Mental illness: means :
    (a) a psychiatric disorder that substantially impairs an individual's mental, emotional, behavioral, or related functioning; or
    (b) the same as that term is defined in:
    (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or
    (ii) the current edition of the International Statistical Classification of Diseases and Related Health Problems. See Utah Code 26B-5-301
  • Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 26B-5-601
  • Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-5-201
  • Mobile home: means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See Utah Code 57-16-3
  • Mobile home park: means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes. See Utah Code 57-16-3
  • Mobile home space: means a specific area of land within a mobile home park designed to accommodate one mobile home. See Utah Code 57-16-3
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National origin: means the place of birth of an individual or of any lineal ancestors. See Utah Code 57-21-2
  • Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
  • Notification: means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. See Utah Code 57-26-102
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offer: means a solicitation solely intended to result in a person purchasing an interest in a development. See Utah Code 57-19-2
  • Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means the owner, lessor, or sublessor of a residential rental unit. See Utah Code 57-22-2
  • 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.
  • Patient: means an individual who is:
    (a) under commitment to the custody or to the treatment services of a local mental health authority; or
    (b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
  • Person: means :Utah Code 68-3-12.5
  • Person: includes one or more individuals, corporations, limited liability companies, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under the United States Bankruptcy Code, receivers, and fiduciaries. See Utah Code 57-21-2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 57-26-102
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Physical custody: means :
    (a) placement of a child in any residential or inpatient setting;
    (b) the right to physical custody of a child;
    (c) the right and duty to protect the child; and
    (d) the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care. See Utah Code 26B-5-401
  • Physician: means an individual who is:
    (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
    (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-5-301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
    (a) an annual report;
    (b) an application for a certificate of authority; or
    (c) a notice of change of principal office. See Utah Code 16-10a-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration or mediation; and
    (c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
  • Proceeds: means personal property that is received or collected on account of a tenant's obligation to pay rents. See Utah Code 57-26-102
  • 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
  • Property report: means the form of a written disclosure described in Section 57-19-11. See Utah Code 57-19-2
  • Psychiatrist: means an individual who:
    (a) is licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
    (b) is board eligible for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic Specialists. See Utah Code 26B-5-601
  • Public funds: include federal and state money that has been transferred by a local substance abuse authority or a local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse or mental health programs or services for the local substance abuse authority or local mental health authority. See Utah Code 26B-5-101
  • Purchaser: means a person who purchases an interest in a development. See Utah Code 57-19-2
  • Quorum: The number of legislators that must be present to do business.
  • real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
  • 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.
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
    (a) the corporation at its:
    (i) registered office in this state; or
    (ii) principal office;
    (b) the secretary of the corporation, wherever the secretary is found; or
    (c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
  • Registration: means :
    (a) for a development, an approved application for registration described in Section 57-19-5; or
    (b) for a salesperson, an approved application for registration described in Section 57-19-15. See Utah Code 57-19-2
  • Relative: means an adult who is a spouse, parent, stepparent, grandparent, child, or sibling of an individual. See Utah Code 26B-5-501
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • renew: means extending a development's or a salesperson's registration for an additional period on or before the registration's expiration date. See Utah Code 57-19-2
  • Rent: means charges paid for the privilege of occupying a mobile home space, and may include service charges and fees. See Utah Code 57-16-3
  • Rental agreement: means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy of a residential rental unit. See Utah Code 57-22-2
  • Rental application: means an application required by an owner as a prerequisite to the owner entering into a rental agreement for a residential rental unit. See Utah Code 57-22-2
  • Renter: means any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others. See Utah Code 57-22-2
  • Rents: means :
    (a) sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
    (b) sums payable to an assignor under a policy of rental interruption insurance covering real property;
    (c) claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;
    (d) sums payable to terminate an agreement to possess or occupy real property of another person;
    (e) sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or
    (f) any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter. See Utah Code 57-26-102
  • Resident: means an individual who leases or rents space in a mobile home park. See Utah Code 57-16-3
  • Resident: means :
    (a) a renter as defined in Section 57-22-2;
    (b) a resident as defined in Section 57-16-3; or
    (c) a unit owner as defined in Section 57-8-3. See Utah Code 57-24-101
  • Residential: means any out-of-home placement made by a local mental health authority, but does not include out-of-home respite care. See Utah Code 26B-5-401
  • Residential property management authority: means :
    (a) an owner as defined in Section 57-22-2;
    (b) a mobile home park as defined in Section 57-16-3;
    (c) a mobile home park residents' association established in accordance with Section 57-16-16;
    (d) an association of unit owners as defined in Section 57-8-3; or
    (e) a management committee as defined in Section 57-8-3. See Utah Code 57-24-101
  • Residential rental unit: means a renter's principal place of residence and includes the appurtenances, grounds, and facilities held out for the use of the residential renter generally, and any other area or facility provided to the renter in the rental agreement. See Utah Code 57-22-2
  • Respite care: means temporary, periodic relief provided to parents or guardians from the daily care of children with serious emotional disorders for the limited time periods designated by the division. See Utah Code 26B-5-401
  • Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Salesperson: means an individual who, for compensation and as agent for another, is engaged in obtaining commitments of persons to purchase an interest in a development by making direct sales presentations to those persons. See Utah Code 57-19-2
  • salesperson: means a principal broker, an associate broker, or a sales agent as those terms are defined in Section 61-2f-102. See Utah Code 57-21-2
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
    (a) the preparation and maintenance of:
    (i) minutes of the meetings of the board of directors and of the shareholders; and
    (ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
    (b) authenticating records of the corporation. See Utah Code 16-10a-102
  • Secured obligation: means an obligation the performance of which is secured by an assignment of rents. See Utah Code 57-26-102
  • Security instrument: means a document, however denominated, that creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property. See Utah Code 57-26-102
  • Security interest: means an interest in property that arises by agreement and secures performance of an obligation. See Utah Code 57-26-102
  • sell: means selling an interest in a development for value. See Utah Code 57-19-2
  • Serious bodily injury: means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. See Utah Code 26B-5-301
  • 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
  • Service charges: means separate charges paid for the use of electrical and gas service improvements which exist at a mobile home space, or for trash removal, sewage and water, or any combination of the above. See Utah Code 57-16-3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sex: means gender and includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth. See Utah Code 57-21-2
  • Sexual orientation: means an individual's actual or perceived orientation as heterosexual, homosexual, or bisexual. See Utah Code 57-21-2
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Site: includes a geographic location where one or more camping sites or accommodations are located that is constructed in phases and is under common management. See Utah Code 57-19-2
  • Source of income: means the verifiable condition of being a recipient of federal, state, or local assistance, including medical assistance, or of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent supplements. See Utah Code 57-21-2
  • Stabilization services: means in-home services provided to a child with, or who is at risk for, complex emotional and behavioral needs, including teaching the child's parent or guardian skills to improve family functioning. See Utah Code 26B-5-101
  • 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
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 57-26-102
  • State hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301
  • Statewide mental health crisis line: means the same as that term is defined in Section 26B-5-610. See Utah Code 26B-5-101
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • Substantial danger: means that due to mental illness, an individual is at serious risk of:
    (a) suicide;
    (b) serious bodily self-injury;
    (c) serious bodily injury because the individual is incapable of providing the basic necessities of life, including food, clothing, or shelter;
    (d) causing or attempting to cause serious bodily injury to another individual;
    (e) engaging in harmful sexual conduct; or
    (f) if not treated, suffering severe and abnormal mental, emotional, or physical distress that:
    (i) is associated with significant impairment of judgment, reason, or behavior; and
    (ii) causes a substantial deterioration of the individual's previous ability to function independently. See Utah Code 26B-5-301
  • Summons: Another word for subpoena used by the criminal justice system.
  • Teen substance use school: means any school established by the local substance abuse authority, in cooperation with the Board of Juvenile Court Judges, that provides an educational, interpersonal, skill-building experience for juvenile substance abuse offenders and their parents or legal guardians. See Utah Code 26B-5-201
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenant: means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person. See Utah Code 57-26-102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Timeshare development: means an enterprise with the primary purpose of offering a timeshare interest, including an interest that gives the purchaser the right to use and occupy an accommodation at a single- or multiple-site development. See Utah Code 57-19-2
  • Timeshare estate: means a small, undivided fractional fee interest in real property by which the purchaser does not receive any right to use an accommodation except as provided by contract, declaration, or other instrument defining a legal right. See Utah Code 57-19-2
  • Timeshare interest: includes a timeshare estate. See Utah Code 57-19-2
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
  • 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
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
  • Writing: includes :Utah Code 68-3-12.5