Terms Used In Utah Code > Title 45 > Chapter 1 - Official Notices

• 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 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 Adult: means an individual who is 18 years old or older. See Utah Code 80-1-102 Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote. 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. Air pollution: means the presence of an air pollutant in the ambient air in the quantities, for a duration, and under the conditions and circumstances that are injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or use of property, as determined by the rules adopted by the board. See Utah Code 19-2-102 Allegation: something that someone says happened. 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. Arrest: Taking physical custody of a person by lawful authority. 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 Authority: means the Youth Parole Authority created in Section 80-5-701. See Utah Code 80-6-102 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 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 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 State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 80-6-102 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 Compensatory service: means service or unpaid work performed by a minor in lieu of the payment of a fine, fee, or restitution. See Utah Code 80-6-102 Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if a minor is competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401 competent to proceed: means that a minor has: (i)  a present ability to consult with counsel with a reasonable degree of rational understanding; and (ii)  a rational as well as factual understanding of the proceedings. See Utah Code 80-6-401 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 same as that term is defined in Section 80-5-102. See Utah Code 80-6-102 Conviction: A judgement of guilt against a criminal defendant. 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defense attorney: Represent defendants in criminal matters. Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102 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 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 guidelines: means standards, established by the division in accordance with Subsection 80-5-202(1)(a), for the admission of a minor to detention. See Utah Code 80-6-102 Detention hearing: means a proceeding under Section 80-6-207 to determine whether a minor should remain in detention. See Utah Code 80-6-102 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 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 Director: means the director of the Division of Juvenile Justice Services. See Utah Code 80-5-102 Discharge: means a written order of the authority that removes a juvenile offender from the authority's jurisdiction. See Utah Code 80-6-102 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 Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-5-102 Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102 Emancipated: means the same as that term is defined in Section 80-7-102. See Utah Code 80-1-102 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 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. Forensic evaluator: means the same as that term is defined in Section 77-15-2. See Utah Code 80-6-401 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 Formal referral: means a written report from a peace officer, or other person, informing the juvenile court that: (a)  an offense committed by a minor is, or appears to be, within the juvenile court's jurisdiction; and (b)  the minor's case must be reviewed by a juvenile probation officer or a prosecuting attorney. See Utah Code 80-6-102 Fraud: Intentional deception resulting in injury to another. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, 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: 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 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 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 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 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 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 Material loss: means an uninsured: (a)  property loss; (b)  out-of-pocket monetary loss for property that is stolen, damaged, or destroyed; (c)  lost wages because of an injury, time spent as a witness, or time spent assisting the police or prosecution; or (d)  medical expense. See Utah Code 80-6-102 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 : (a)  an individual: (i)  who is at least 18 years old and younger than 25 years old; and (ii)  whose case is under the jurisdiction of the juvenile court; or (b)  an individual: (i)  who is younger than 21 years old; (ii)  who is charged with, or convicted of, an offense under Section 80-6-502 or 80-6-503; and (iii)  whose case is under the jurisdiction of the district court. See Utah Code 80-6-501 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 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 Not competent to proceed: means an individual is not competent to stand for trial or adjudication for pending charges. See Utah Code 80-6-401 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 Person: means :Utah Code 68-3-12.5 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. 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. 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. 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 Qualifying offense: means an offense described in Section 80-6-503. See Utah Code 80-6-501 Referral: means a formal referral, a referral to the juvenile court under Section 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under Section 80-6-302. See Utah Code 80-6-102 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 Restitution: means money or services that the juvenile court, or a juvenile probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or render to a victim for the minor's wrongful act or conduct. See Utah Code 80-6-102 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 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 Separate offense: means any offense that is not a qualifying offense. See Utah Code 80-6-501 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 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Single criminal episode: means the same as that term is defined in Section 76-1-401. See Utah Code 80-1-102 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 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. 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 Summons: Another word for subpoena used by the criminal justice system. 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 Temporary custody: means the control and responsibility of a minor, before an adjudication under Section 80-6-701, until the minor is released to a parent, guardian, responsible adult, or to an appropriate agency. See Utah Code 80-6-102 Termination: means the same as that term is defined in Section 80-6-102. See Utah Code 80-5-102 Termination: means a written order of the authority that terminates a juvenile offender from parole. See Utah Code 80-6-102 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 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. 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 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 Victim: includes : (i)  any person directly harmed by the minor's wrongful act or conduct in the course of the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and (ii)  the Utah Office for Victims of Crime. See Utah Code 80-6-102 Violent felony: means the same as that term is defined in Section 76-3-203. See Utah Code 80-6-102 Writing: includes :Utah Code 68-3-12.5