Terms Used In Utah Code > Title 26B > Chapter 5 > Part 3 - Utah State Hospital and Other Mental Health Facilities

• 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.
• 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. 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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 Camp resort: means an enterprise that has as its primary purpose the offering of a camp resort interest. 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. 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 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 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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. 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. 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 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 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 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 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. 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 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. 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. 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. 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 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 Local mental health 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 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 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 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 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 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. 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. 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 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. 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. 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 Purchaser: means a person who purchases an interest in a development. See Utah Code 57-19-2 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. 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 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 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 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 Respondent: means a person against whom a complaint of housing discrimination has been initiated. See Utah Code 57-21-2 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 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 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 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 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 hospital: means the Utah State Hospital established in Section 26B-5-302. See Utah Code 26B-5-301 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. 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. 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. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 Writing: includes :Utah Code 68-3-12.5