Terms Used In Utah Code > Title 41 > Chapter 12a - Financial Responsibility of Motor Vehicle Owners and Operators Act

• Abuse: means :

  (i)

  (A)  nonaccidental harm of a child; (B)  threatened harm of a child; (C)  sexual exploitation; (D)  sexual abuse; or (E)  human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102 Abused child: means a child who has been subjected to abuse. See Utah Code 80-1-102 Account: means the Juvenile Justice Reinvestment Restricted Account created in Section 80-5-302. See Utah Code 80-5-102 Account: means the Uninsured Motorist Identification Restricted Account created in Section 41-12a-806. See Utah Code 41-12a-802 Acquittal: Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt. A verdict of "not guilty."   Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102 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 Adoptable child: means a child: (a)  who is in the custody of the division; and (b)  (i)  who has permanency goals of adoption; or (ii)  for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409. See Utah Code 80-2-801 Adoption assistance: includes state medical assistance, reimbursement of nonrecurring adoption expenses, or monthly subsidies. See Utah Code 80-2-801 Adoption services: means , except as used in Section 80-2-806: (a)  placing children for adoption; (b)  subsidizing adoptions under Section 80-2-301; (c)  supervising adoption placements until the adoption is finalized by a court; (d)  conducting adoption studies; (e)  preparing adoption reports upon request of the court; and (f)  providing postadoptive placement services, upon request of a family, for the purpose of stabilizing a possible disruptive placement. See Utah Code 80-2-801 Adult: means an individual who is 18 years old or older. See Utah Code 80-5-102 Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102 Advisory committee: means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206. See Utah Code 79-8-102 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. Allegation: something that someone says happened. Alternative energy: means the same as that term is defined in Section 59-12-102. See Utah Code 79-6-502 Alternative energy entity: includes a pass-through entity taxpayer, as defined in Section 59-10-1402, of a person described in Subsection (2)(a). See Utah Code 79-6-502 Alternative energy project: means a project produced by an alternative energy entity if that project involves: (a)  a new or expanding operation in the state; and (b)  (i)  utility-scale alternative energy generation; or (ii)  the extraction of alternative fuels. See Utah Code 79-6-502 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. 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. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Applicant: means a person that conducts business in the state and that applies for a tax credit under this part. See Utah Code 79-6-602 Application: means an application for a tax credit under 6. See Utah Code 79-6-901 Appointing authority: means : (a)  on and before June 30, 2029, the governor; and (b)  on and after July 1, 2029, the executive director. See Utah Code 79-6-102 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 Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Attorney guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102 Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-5-102 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Board: means the Utah Energy Infrastructure Board created in Section 79-6-902. See Utah Code 79-6-901 Board: means the board of trustees of a public infrastructure district. See Utah Code 17D-4-102 Board: means the Board of Juvenile Court Judges. See Utah Code 80-1-102 Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102 Child and family plan: means a written agreement between a child's parents or guardian and the Division of Child and Family Services as described in Section 80-3-307. See Utah Code 80-1-102 Child placing: means the same as that term is defined in Section 26B-2-101. See Utah Code 80-1-102 Child protection team: means a team consisting of: (a)  the child welfare caseworker assigned to the case; (b)  if applicable, the child welfare caseworker who made the decision to remove the child; (c)  a representative of the school or school district where the child attends school; (d)  if applicable, the law enforcement officer who removed the child from the home; (e)  a representative of the appropriate Children's Justice Center, if one is established within the county where the child resides; (f)  if appropriate, and known to the division, a therapist or counselor who is familiar with the child's circumstances; (g)  if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides; and (h)  any other individuals determined appropriate and necessary by the team coordinator and chair. See Utah Code 80-1-102 Child who has a special need: means a child who: (a)  cannot or should not be returned to the home of the child's biological parents; and (b)  (i)  is five years old or older; (ii)  is under 18 years old with a physical, emotional, or mental disability; or (iii)  is a member of a sibling group placed together for adoption. See Utah Code 80-2-801 Child-placing agency: means the same as that term is defined in Section 26B-2-101. See Utah Code 80-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Clandestine laboratory operation: means the same as that term is defined in Section 58-37d-3. See Utah Code 80-1-102 Commission: means the Outdoor Adventure Commission created in Section 63C-21-201. See Utah Code 79-7-102 Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 17D-3-102 Commissioner: means the commissioner of the department. See Utah Code 17D-3-102 committed: means , unless specified otherwise: (a)  with respect to a child, to transfer legal custody; and (b)  with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102 Committee: means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206. See Utah Code 79-5-102 Community-based program: means a nonsecure residential or nonresidential program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least restrictive setting, consistent with public safety, and operated by or under contract with the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conservation district: means a limited purpose local government entity, as described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth in this chapter. See Utah Code 17D-3-102 Consult: means an interaction between two persons in which the initiating person: (a)  provides information to another person; (b)  provides the other person an opportunity to respond; and (c)  takes the other person's response, if any, into consideration. See Utah Code 80-2-102 Consumer: means a person who receives services offered by the division in accordance with this chapter. See Utah Code 80-2-102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Control: means the authority to detain, restrict, and supervise a juvenile offender in a manner consistent with public safety and the well-being of the juvenile offender and division employees. See Utah Code 80-5-102 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. Correctional facility: means : (a)  a county jail; or (b)  a secure correctional facility as defined in Section 64-13-1. See Utah Code 80-1-102 Council: means the Child Welfare Improvement Council created in Section 80-2-1101. See Utah Code 80-2-102 County legislative body: means :Utah Code 68-3-12.5 Creating entity: means the county, municipality, or development authority that approves the creation of a public infrastructure district. See Utah Code 17D-4-102 Custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Database: means the Uninsured Motorist Identification Database created in Section 41-12a-803. See Utah Code 41-12a-802 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Natural Resources created in Section 79-2-201. See Utah Code 79-1-102 Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102 Department: means the Department of Public Safety. See Utah Code 41-12a-103 dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102 Dependent: A person dependent for support upon another. Deprivation of custody: means transfer of legal custody by the juvenile court from a parent or a previous custodian to another person, agency, or institution. See Utah Code 80-1-102 Designated agent: means the third party the department contracts with under Section 41-12a-803. See Utah Code 41-12a-802 Detention: means home detention or secure detention. See Utah Code 80-1-102 Detention facility: means a facility, established by the Division of Juvenile Justice and Youth Services in accordance with Section 80-5-501, for minors held in detention. See Utah Code 80-1-102 Detention risk assessment tool: means an evidence-based tool established under Section 80-5-203 that: (a)  assesses a minor's risk of failing to appear in court or reoffending before adjudication; and (b)  is designed to assist in making a determination of whether a minor shall be held in detention. See Utah Code 80-1-102 Development authority: means : (a)  the Utah Inland Port Authority created in Section 11-58-201; (b)  the Point of the Mountain State Land Authority created in Section 11-59-201; or (c)  the military installation development authority created in Section 63H-1-201. See Utah Code 17D-4-102 Developmental immaturity: means incomplete development in one or more domains that manifests as a functional limitation in the minor's present ability to: (a)  consult with counsel with a reasonable degree of rational understanding; and (b)  have a rational as well as factual understanding of the proceedings. See Utah Code 80-1-102 Devise: To gift property by will. Director: means the director of the Division of Outdoor Recreation. See Utah Code 79-8-102 Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102 Director: means the director of the Division of Juvenile Justice Services. See Utah Code 80-5-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Disposition: 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 80-1-102 District applicant: means the person proposing the creation of a public infrastructure district. See Utah Code 17D-4-102 Division: means the Division of Outdoor Recreation. See Utah Code 79-5-102 Division: means the Division of Outdoor Recreation. See Utah Code 79-7-102 Division: means the Division of Outdoor Recreation. See Utah Code 79-8-102 Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102 Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102 Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-4-102 Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-5-102 Division: means the Driver License Division created in Section 53-3-103. See Utah Code 41-12a-802 Division: means a division of a public infrastructure district: (a)  that is relatively equal in number of eligible voters or potential eligible voters to all other divisions within the public infrastructure district, taking into account existing or potential developments which, when completed, would increase or decrease the population within the public infrastructure district; and (b)  which a member of the board represents. See Utah Code 17D-4-102 Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 80-2-102 Domestic violence services: means : (a)  temporary shelter, treatment, and related services provided to: (i)  an individual who is a victim of abuse, as defined in Section 78B-7-102; and (ii)  the dependent children of an individual who is a victim of abuse, as defined in Section 78B-7-102; and (b)  treatment services for an individual who is alleged to have committed, has been convicted of, or has pled guilty to domestic violence. See Utah Code 80-2-102 Donor: The person who makes a gift. Educational neglect: means that, after receiving a notice of compulsory education violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education. See Utah Code 80-1-102 Electric interlocal entity: means the same as that term is defined in Section 11-13-103. See Utah Code 79-6-901 Emancipated: means the same as that term is defined in Section 80-7-102. See Utah Code 80-1-102 Energy advisor: means the energy advisor appointed under Section 79-6-201. See Utah Code 79-6-901 energy advisor: means the governor's energy advisor appointed under Section 79-6-401. See Utah Code 79-6-102 Energy delivery project: means a project that is designed to: (a)  increase the capacity for the delivery of energy to a user of energy inside or outside the state; or (b)  increase the capability of an existing energy delivery system or related facility to deliver energy to a user of energy inside or outside the state. See Utah Code 79-6-602 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. Evidence-based: means a program or practice that has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population or has been rated as effective by a standardized program evaluation tool. See Utah Code 80-1-102 Executive director: means the executive director of the Department of Natural Resources. See Utah Code 79-8-102 Executive director: means the executive director of the department who is appointed under Section 79-2-202. See Utah Code 79-1-102 Failure of parental adjustment: means that a parent or parents are unable or unwilling within a reasonable time to substantially correct the circumstances, conduct, or conditions that led to placement of their child outside of their home, notwithstanding reasonable and appropriate efforts made by the division to return the child to the home. See Utah Code 80-4-102 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. 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. 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 Formal probation: means a minor is: (a)  supervised in the community by, and reports to, a juvenile probation officer or an agency designated by the juvenile court; and (b)  subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102 Former parent: means an individual whose legal parental rights were terminated under this chapter. See Utah Code 80-4-102 Fraud: Intentional deception resulting in injury to another. Friend: means an adult who: (a)  has an established relationship with the child or a family member of the child; and (b)  is not the natural parent of the child. See Utah Code 80-3-102 Fuel standard compliance project: means the same as that term is defined in Section 79-6-602. See Utah Code 79-6-901 Fuel standard compliance project: means a project designed to retrofit a fuel refinery in order to make the refinery capable of producing fuel that complies with the United States Environmental Protection Agency's Tier 3 gasoline sulfur standard described in 40 C. See Utah Code 79-6-602 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing document: means the document governing a public infrastructure district to which the creating entity agrees before the creation of the public infrastructure district, as amended from time to time, and subject to the limitations of Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and this chapter. See Utah Code 17D-4-102 Grant program: means the Recreation Restoration Infrastructure Grant Program created in Section 79-8-202. See Utah Code 79-8-201 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 Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to: (a)  marriage; (b)  enlistment in the armed forces; (c)  major medical, surgical, or psychiatric treatment; or (d)  legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102 Guardian ad litem: means the same as that term is defined in Section 78A-2-801. See Utah Code 80-1-102 Harm: means : (a)  physical or developmental injury or damage; (b)  emotional damage that results in a serious impairment in the child's growth, development, behavior, or psychological functioning; (c)  sexual abuse; or (d)  sexual exploitation. See Utah Code 80-1-102 High cost infrastructure project: means a project, including an energy delivery project or a fuel standard compliance project: (a)  (i)  that expands or creates new industrial, mining, manufacturing, or agriculture activity in the state, not including a retail business; (ii)  that involves new investment of at least $50,000,000 in an existing industrial, mining, manufacturing, or agriculture entity, by the entity; or (iii)  for the construction of a plant or other facility, including a fueling station, for the storage, production, or distribution of hydrogen fuel used for transportation, electricity generation, or industrial use; (b)  that requires or is directly facilitated by infrastructure construction; and (c)  for which the cost of infrastructure construction to the entity creating the project is greater than: (i)  10% of the total cost of the project; or (ii)  $10,000,000. See Utah Code 79-6-602 Highway: includes :Utah Code 68-3-12.5 Home detention: means placement of a minor: (a)  if prior to a disposition, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court; or (b)  if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or custodian, under terms and conditions established by the Division of Juvenile Justice and Youth Services or the juvenile court. See Utah Code 80-1-102 Homeless youth: means a child, other than an emancipated minor: (a)  who is a runaway; or (b)  who is: (i)  not accompanied by the child's parent or guardian; and (ii)  without care, as defined in Section 80-5-602. See Utah Code 80-5-102 Hospital: means a general acute hospital, as that term is defined in Section 26B-2-201, that is: (a)  equipped with an emergency room; (b)  open 24 hours a day, seven days a week; and (c)  employs full-time health care professionals who have emergency medical services training. See Utah Code 80-4-501 Immediate family member: means a spouse, child, parent, sibling, grandparent, or grandchild. See Utah Code 80-3-102 Indian child: means the same as that term is defined in 25 U. See Utah Code 80-1-102 Indian tribe: means the same as that term is defined in 25 U. See Utah Code 80-1-102 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Indigent defense service provider: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102 Indigent defense services: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102 Indigent individual: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102 Infrastructure: means : (a)  an energy delivery project; (b)  a railroad as defined in Section 54-2-1; (c)  a fuel standard compliance project; (d)  a road improvement project; (e)  a water self-supply project; (f)  a water removal system project; (g)  a solution-mined subsurface salt cavern; or (h)  a project that is designed to: (i)  increase the capacity for water delivery to a water user in the state; or (ii)  increase the capability of an existing water delivery system or related facility to deliver water to a water user in the state. See Utah Code 79-6-602 Infrastructure cost-burdened entity: includes a pass-through entity taxpayer, as defined in Section 59-10-1402, of a person described in Subsection (6)(a). See Utah Code 79-6-602 Infrastructure grant: means an outdoor recreational infrastructure grant described in Section 79-8-401. See Utah Code 79-8-102 Infrastructure-related revenue: means an amount of tax revenue, for an entity creating a high cost infrastructure project, in a taxable year, that is directly attributable to a high cost infrastructure project, under: (a)  Title 59, Chapter 7, Corporate Franchise and Income Taxes; (b)  Title 59, Chapter 10, Individual Income Tax Act; and (c)  Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 79-6-602 Initiative: means the Recreation Coordinated Investment Initiative created in this part. See Utah Code 79-7-501 Intake probation: means a minor is: (i)  monitored by a juvenile probation officer; and (ii)  subject to return to the juvenile court in accordance with Section 80-6-607. See Utah Code 80-1-102 Intellectual disability: means a significant subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior that constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102 Judgment: means any judgment that is final by: (a)  expiration without appeal of the time within which an appeal might have been perfected; or (b)  final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages: (i)  arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or (ii)  on a settlement agreement. See Utah Code 41-12a-103 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. Juvenile offender: means : (a)  a serious youth offender; or (b)  a youth offender. See Utah Code 80-1-102 Juvenile probation officer: means a probation officer appointed under Section 78A-6-205. See Utah Code 80-1-102 Juvenile receiving center: means a nonsecure, nonresidential program established by the Division of Juvenile Justice and Youth Services, or under contract with the Division of Juvenile Justice and Youth Services, that is responsible for minors taken into temporary custody under Section 80-6-201. See Utah Code 80-1-102 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 Legal custody: means a relationship embodying: (a)  the right to physical custody of the minor; (b)  the right and duty to protect, train, and discipline the minor; (c)  the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care; (d)  the right to determine where and with whom the minor shall live; and (e)  the right, in an emergency, to authorize surgery or other extraordinary care. See Utah Code 80-1-102 Licensing Information System: means the Licensing Information System maintained by the Division of Child and Family Services under Section 80-2-1002. See Utah Code 80-1-102 Management Information System: means the Management Information System developed by the Division of Child and Family Services under Section 80-2-1001. See Utah Code 80-1-102 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 80-1-102 Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102: (a)  a child; or (b)  an individual: (i)  (A)  who is at least 18 years old and younger than 21 years old; and (B)  for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; (ii)  (A)  who is at least 18 years old and younger than 25 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or (iii)  (A)  who is at least 18 years old and younger than 21 years old; and (B)  whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102 Mobile crisis outreach team: means the same as that term is defined in Section 26B-5-101. See Utah Code 80-1-102 Molestation: means that an individual, with the intent to arouse or gratify the sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child, or the breast of a female child, or takes indecent liberties with a child as defined in Section 76-5-401. See Utah Code 80-1-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Monthly subsidy: means financial support to assist with the costs of adopting and caring for a child who has a special need. See Utah Code 80-2-801 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103 Motor Vehicle Division: means the Motor Vehicle Division of the State Tax Commission created in Section 41-1a-106. See Utah Code 41-12a-802 Mutual case: means a case that is: (a)  opened by the division under the division's discretion and procedures; (b)  opened by the law enforcement agency with jurisdiction over the case; and (c)  accepted for investigation by a child protection team, as applicable. See Utah Code 80-2-102 Natural parent: includes the minor's noncustodial parent. See Utah Code 80-1-102 Neglect: 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 80-1-102 Neglected child: means a child who has been subjected to neglect. See Utah Code 80-1-102 New incremental job within the state: means , with respect to an alternative energy entity, an employment position that: (a)  did not exist within the state before: (i)  the alternative energy entity entered into an agreement with the office in accordance with Section 79-6-503; and (ii)  the alternative energy project began; (b)  is not shifted from one location in the state to another location in the state; and (c)  is established to the satisfaction of the office, including by amounts paid or withheld by the alternative energy entity under Title 59, Chapter 10, Individual Income Tax Act. See Utah Code 79-6-502 New state revenues: means an increased amount of tax revenues generated as a result of an alternative energy project by an alternative energy entity or a new incremental job within the state under the following: (a)  Title 59, Chapter 7, Corporate Franchise and Income Taxes; (b)  Title 59, Chapter 10, Individual Income Tax Act; and (c)  Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 79-6-502 Newborn child: means a child who is approximately 30 days old or younger, as determined within a reasonable degree of medical certainty. See Utah Code 80-4-501 Nonjudicial adjustment: means closure of the case by the assigned juvenile probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the consent in writing of: (a)  the assigned juvenile probation officer; and (b)  (i)  the minor; or (ii)  the minor and the minor's parent, guardian, or custodian. See Utah Code 80-1-102 Nonrecurring adoption expenses: means reasonably necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of a child who has a special need. See Utah Code 80-2-801 Nonresident: means every person who is not a resident of Utah. See Utah Code 41-12a-103 Not competent to proceed: means that a minor, due to a mental illness, intellectual disability or related condition, or developmental immaturity, lacks the ability to: (a)  understand the nature of the proceedings against the minor or of the potential disposition for the offense charged; or (b)  consult with counsel and participate in the proceedings against the minor with a reasonable degree of rational understanding. See Utah Code 80-1-102 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. Office: means the Office of Energy Development created in Section 79-6-401. See Utah Code 79-6-602 Office: means the Office of Energy Development created in Section 79-6-401. See Utah Code 79-6-901 Office: means the Office of Energy Development created in Section 79-6-401. See Utah Code 79-6-102 Office: means the Office of Energy Development created in Section 79-6-401. See Utah Code 79-6-502 Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103 Outdoor recreation infrastructure: includes : (a)  a trail, trail head infrastructure, signage, and crossing infrastructure for both nonmotorized and motorized recreation; (b)  a campground or day-use recreation site; (c)  water recreation infrastructure, including a pier, dock, or boat ramp; and (d)  outdoor recreation facilities that are accessible to visitors with disabilities. See Utah Code 79-7-501 Oversight: Committee review of the activities of a Federal agency or program. Owner: means : (a)  a person who holds legal title to a motor vehicle; (b)  a lessee in possession; (c)  a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or (d)  a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103 Parole: means a conditional release of a juvenile offender from residency in secure care to live outside of secure care under the supervision of the Division of Juvenile Justice and Youth Services, or another person designated by the Division of Juvenile Justice and Youth Services. See Utah Code 80-1-102 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Petition for termination of parental rights: means a petition filed in accordance with this chapter to terminate the parental rights of a parent. See Utah Code 80-4-102 Petition to restore parental rights: means a petition filed in accordance with this chapter to restore the rights of a parent with regard to a child. See Utah Code 80-4-102 Physical abuse: means abuse that results in physical injury or damage to a child. See Utah Code 80-1-102 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 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: includes intake probation or formal probation. See Utah Code 80-1-102 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 Program: means the Uninsured Motorist Identification Database Program created in Section 41-12a-803. See Utah Code 41-12a-802 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecuting attorney: means : (a)  the attorney general and any assistant attorney general; (b)  any district attorney or deputy district attorney; (c)  any county attorney or assistant county attorney; and (d)  any other attorney authorized to commence an action on behalf of the state. See Utah Code 80-1-102 Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of: (a)  the day on which the shelter hearing is held under Section 80-3-301; or (b)  the day on which the child is returned home. See Utah Code 80-1-102 Protective services: means expedited services that are provided: (a)  in response to evidence of neglect, abuse, or dependency of a child; (b)  to a cohabitant who is neglecting or abusing a child, in order to: (i)  help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of neglect or abuse; and (ii)  strengthen the cohabitant's ability to provide safe and acceptable care; and (c)  in cases where the child's welfare is endangered: (i)  to bring the situation to the attention of the appropriate juvenile court and law enforcement agency; (ii)  to cause a protective order to be issued for the protection of the child, when appropriate; and (iii)  to protect the child from the circumstances that endanger the child's welfare including, when appropriate: (A)  removal from the child's home; (B)  placement in substitute care; and (C)  petitioning the court for termination of parental rights. See Utah Code 80-1-102 Protective supervision: means a legal status created by court order, following an adjudication on the ground of abuse, neglect, or dependency, whereby: (a)  the minor is permitted to remain in the minor's home; and (b)  supervision and assistance to correct the abuse, neglect, or dependency is provided by an agency designated by the juvenile court. See Utah Code 80-1-102 Public lands: includes local, state, and federal lands. See Utah Code 79-7-501 Public lands: includes local, state, and federal lands. See Utah Code 79-8-201 Quorum: The number of legislators that must be present to do business. 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. Recreational infrastructure project: means an undertaking to build or improve an approved facility or installation needed for the public to access and enjoy the state's outdoors. See Utah Code 79-8-102 Refiner: means any person who owns, leases, operates, controls, or supervises a refinery. See Utah Code 79-6-701 Refiner tax exemption certification: means a certification issued by the office in accordance with Section 79-6-702. See Utah Code 79-6-701 Refinery: means a facility where gasoline or diesel fuel is produced, including a facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel. See Utah Code 79-6-701 Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103 Rehabilitation or restoration: means returning an outdoor recreation structure or trail that has been degraded, damaged, or destroyed to its previously useful state by means of repair, modification, or alteration. See Utah Code 79-8-201 Related condition: means a condition that: (i)  is found to be closely related to intellectual disability; (ii)  results in impairment of general intellectual functioning or adaptive behavior similar to that of an intellectually disabled individual; (iii)  is likely to continue indefinitely; and (iv)  constitutes a substantial limitation to the individual's ability to function in society. See Utah Code 80-1-102 Relative: means an adult who: (a)  is the child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling; (b)  is a first cousin of the child's parent; (c)  is a permanent guardian or natural parent of the child's sibling; or (d)  in the case of a child who is an Indian child, is an extended family member as defined in the Indian Child Welfare Act, 25 U. See Utah Code 80-3-102 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. residual parental rights and duties: includes the right to consent to: (i)  marriage; (ii)  enlistment; and (iii)  major medical, surgical, or psychiatric treatment. See Utah Code 80-1-102 Restitution: means the same as that term is defined in Section 80-6-102. See Utah Code 80-5-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Revocation: means the same as that term is defined in Section 80-6-102. See Utah Code 80-5-102 Road: includes :Utah Code 68-3-12.5 Runaway: means a child, other than an emancipated child, who willfully leaves the home of the child's parent or guardian, or the lawfully prescribed residence of the child, without permission. See Utah Code 80-1-102 Secure care: means placement of a minor, who is committed to the Division of Juvenile Justice and Youth Services for rehabilitation, in a facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services, that provides 24-hour supervision and confinement of the minor. See Utah Code 80-1-102 Secure care facility: means a facility, established in accordance with Section 80-5-503, for juvenile offenders in secure care. See Utah Code 80-1-102 Secure detention: means temporary care of a minor who requires secure custody in a physically restricting facility operated by, or under contract with, the Division of Juvenile Justice and Youth Services: (a)  before disposition of an offense that is alleged to have been committed by the minor; or (b)  under Section 80-6-704. See Utah Code 80-1-102 Serious youth offender: means an individual who: (a)  is at least 14 years old, but under 25 years old; (b)  committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction of the juvenile court was extended over the individual's case until the individual was 25 years old in accordance with Section 80-6-605; and (c)  is committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102 Service of process: The service of writs or summonses to the appropriate party. 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. Severe abuse: means abuse that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102 Severe neglect: means neglect that causes or threatens to cause serious harm to a child. See Utah Code 80-1-102 Severe type of child abuse or neglect: means , except as provided in Subsection (78)(b): (i)  if committed by an individual who is 18 years old or older: (A)  chronic abuse; (B)  severe abuse; (C)  sexual abuse; (D)  sexual exploitation; (E)  abandonment; (F)  chronic neglect; or (G)  severe neglect; or (ii)  if committed by an individual who is under 18 years old: (A)  causing serious physical injury, as defined in Subsection 76-5-109(1), to another child that indicates a significant risk to other children; or (B)  sexual behavior with or upon another child that indicates a significant risk to other children. See Utah Code 80-1-102 Sexual abuse: means : (a)  an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an adult directed towards a child; (b)  an act or attempted act of sexual intercourse, sodomy, incest, or molestation committed by a child towards another child if: (i)  there is an indication of force or coercion; (ii)  the children are related, as described in Subsection (39), including siblings by marriage while the marriage exists or by adoption; (iii)  there have been repeated incidents of sexual contact between the two children, unless the children are 14 years old or older; or (iv)  there is a disparity in chronological age of four or more years between the two children; (c)  engaging in any conduct with a child that would constitute an offense under any of the following, regardless of whether the individual who engages in the conduct is actually charged with, or convicted of, the offense: (i)  4, except for Section 76-5-401, if the alleged perpetrator of an offense described in Section 76-5-401 is a minor; (ii)  child bigamy, Section 76-7-101. See Utah Code 80-1-102 Sexual exploitation: means knowingly: (a)  employing, using, persuading, inducing, enticing, or coercing any child to: (i)  pose in the nude for the purpose of sexual arousal of any individual; or (ii)  engage in any sexual or simulated sexual conduct for the purpose of photographing, filming, recording, or displaying in any way the sexual or simulated sexual conduct; (b)  displaying, distributing, possessing for the purpose of distribution, or selling material depicting a child: (i)  in the nude, for the purpose of sexual arousal of any individual; or (ii)  engaging in sexual or simulated sexual conduct; or (c)  engaging in any conduct that would constitute an offense under Section 76-5b-201, sexual exploitation of a minor, or Section 76-5b-201. See Utah Code 80-1-102 Shelter: means the temporary care of a child in a physically unrestricted facility pending a disposition or transfer to another jurisdiction. See Utah Code 80-1-102 Shelter facility: means a nonsecure facility that provides shelter for a minor. See Utah Code 80-1-102 Sibling: means a child who shares or has shared at least one parent in common either by blood or adoption. See Utah Code 80-2-102 Sibling: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102 Sibling visitation: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102 Significant risk: means a risk of harm that is determined to be significant in accordance with risk assessment tools and rules established by the Division of Child and Family Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that focus on: (a)  age; (b)  social factors; (c)  emotional factors; (d)  sexual factors; (e)  intellectual factors; (f)  family risk factors; and (g)  other related considerations. See Utah Code 80-1-102 Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 80-1-102 State: means : (a)  a state of the United States; (b)  the District of Columbia; (c)  the Commonwealth of Puerto Rico; (d)  the Virgin Islands; (e)  Guam; (f)  the Commonwealth of the Northern Mariana Islands; or (g)  a territory or possession administered by the United States. See Utah Code 80-2-901 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 agency: means an executive branch: (a)  department; (b)  agency; (c)  board; (d)  commission; (e)  division; or (f)  state educational institution. See Utah Code 79-6-102 State medical assistance: means the Medicaid program and medical assistance as those terms are defined in Section 26-18-2. See Utah Code 80-2-801 State plan: means the written description of the programs for children, youth, and family services administered by the division in accordance with federal law. See Utah Code 80-2-901 Status offense: means an offense that would not be an offense but for the age of the offender. See Utah Code 80-1-102 Statute: A law passed by a legislature. Subject of the report: includes the child who is the alleged victim of the report and the person responsible for the child's care. See Utah Code 80-2-102 Subpoena: A command to a witness to appear and give testimony. Substance abuse: means , except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. See Utah Code 80-1-102 substantiation: means a judicial finding based on a preponderance of the evidence, and separate consideration of each allegation made or identified in the case, that abuse, neglect, or dependency occurred . See Utah Code 80-1-102 Substitute care: means : (a)  the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare; (b)  services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or (c)  the licensing and supervision of a substitute care facility. See Utah Code 80-1-102 Supplemental adoption assistance: means financial support for extraordinary, infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state medical assistance, or other public benefits for which a child who has a special need is eligible. See Utah Code 80-2-801 Supported: means a finding by the Division of Child and Family Services based on the evidence available at the completion of an investigation, and separate consideration of each allegation made or identified during the investigation, that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Swear: includes "affirm. See Utah Code 68-3-12.5 Tax credit: means a tax credit under Section 59-7-619 or 59-10-1034. See Utah Code 79-6-602 Tax credit: means the same as that term is defined in Section 79-6-602. See Utah Code 79-6-901 Tax credit: means a tax credit under Section 59-7-614. See Utah Code 79-6-502 Tax credit applicant: means an alternative energy entity that applies to the office to receive a tax credit certificate under this part. See Utah Code 79-6-502 Tax credit certificate: means a certificate issued by the office to an infrastructure cost-burdened entity that: (a)  lists the name of the infrastructure cost-burdened entity; (b)  lists the infrastructure cost-burdened entity's taxpayer identification number; (c)  lists, for a taxable year, the amount of the tax credit authorized for the infrastructure cost-burdened entity under this part; and (d)  includes other information as determined by the office. See Utah Code 79-6-602 Tax credit certificate: means a certificate issued by the office that: (a)  lists the name of the tax credit certificate recipient; (b)  lists the tax credit certificate recipient's taxpayer identification number; (c)  lists the amount of the tax credit certificate recipient's tax credits authorized under this part for a taxable year; and (d)  includes other information as determined by the office. See Utah Code 79-6-502 Tax credit certificate recipient: means an alternative energy entity that receives a tax credit certificate for a tax credit in accordance with this part. See Utah Code 79-6-502 Temporary custody: means , with regard to the division, the custody of a child from the day on which the shelter hearing described in Section 80-3-301 is held until the day on which the juvenile court enters a disposition under Section 80-3-405. See Utah Code 80-2-102 Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-3-102 Temporary custody: means the same as that term is defined in Section 80-2-102. See Utah Code 80-4-102 Temporary custody: means the same as that term is defined in Section 80-6-102. See Utah Code 80-5-102 Temporary homeless youth shelter: means a facility that: (a)  provides temporary shelter to homeless youth; and (b)  is licensed by the Department of Health and Human Services, created in Section 26B-1-201, as a residential support program. See Utah Code 80-5-102 Termination: means the same as that term is defined in Section 80-6-102. See Utah Code 80-5-102 Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102 Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Therapist: means : (a)  an individual employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in the division's or agency's custody; or (b)  any other individual licensed or approved by the state for the purpose of conducting psychological treatment and counseling. See Utah Code 80-1-102 Threatened harm: means actions, inactions, or credible verbal threats, indicating that the child is at an unreasonable risk of harm or neglect. See Utah Code 80-1-102 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. trail: means a multi-use path used for: (a)  muscle-powered activities, including: (i)  bicycling; (ii)  cross-country skiing; (iii)  walking; (iv)  jogging; and (v)  horseback riding; and (b)  uses compatible with the uses described in Subsection (3)(a), including the use of an electric assisted bicycle or motor assisted scooter, as defined in Section 41-6a-102. See Utah Code 79-5-102 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. UCORE grant: means a children's outdoor recreation and education grant described in Section 79-8-302. See Utah Code 79-8-102 Underground mine infrastructure project: includes : (i)  an underground access or a haulage road, entry, ramp, or decline; (ii)  a vertical or incline mine shaft; (iii)  a ventilation shaft or an air course; or (iv)  a conveyor or a truck haulageway. See Utah Code 79-6-602 v2 Underserved community: includes an economically disadvantaged community where in relation to awarding a UCORE grant, the children of the community, including children with disabilities, have limited access to outdoor recreation or education programs. See Utah Code 79-8-102 Ungovernable: means a child in conflict with a parent or guardian, and the conflict: (a)  results in behavior that is beyond the control or ability of the child, or the parent or guardian, to manage effectively; (b)  poses a threat to the safety or well-being of the child, the child's family, or others; or (c)  results in the situations described in Subsections (93)(a) and (b). See Utah Code 80-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Unsubstantiated: means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Unsupported: means a finding by the Division of Child and Family Services at the completion of an investigation, after the day on which the Division of Child and Family Services concludes the alleged abuse, neglect, or dependency is not without merit, that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 Validated risk and needs assessment: means an evidence-based tool that assesses a minor's risk of reoffending and a minor's criminogenic needs. See Utah Code 80-1-102 Vendor services: means services that a person provides under contract with the division. See Utah Code 80-2-801 Victim: means the same as that term is defined in Section 80-6-102. See Utah Code 80-5-102 Without merit: means a finding at the completion of an investigation by the Division of Child and Family Services, or a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged perpetrator was not responsible for the abuse, neglect, or dependency. See Utah Code 80-1-102 Work program: means a nonresidential public or private service work project established and administered by the division for juvenile offenders for the purpose of rehabilitation, education, and restitution to victims. See Utah Code 80-5-102 Writing: includes :Utah Code 68-3-12.5 Youth offender: means an individual who is: (a)  at least 12 years old, but under 21 years old; and (b)  committed by the juvenile court to the Division of Juvenile Justice and Youth Services for secure care under Sections 80-6-703 and 80-6-705. See Utah Code 80-1-102 Youth services: include efforts to: (i)  resolve family conflict; (ii)  maintain or reunite minors with the minors' families; and (iii)  divert minors from entering or escalating in the juvenile justice system. See Utah Code 80-5-102 Youth services center: means a center established by, or under contract with, the division to provide youth services. See Utah Code 80-5-102