Utah Code > Title 80 > Chapter 2 – Child Welfare Services


Part 1	General Provisions	80-2-102
Part 2	Division of Child and Family Services	80-2-201 – 80-2-202
Part 3	Division Responsibilities	80-2-301 – 80-2-308
Part 4	Division Employees and Volunteers	80-2-401 – 80-2-405
Part 5	Funds, Accounts, and Grant Programs	80-2-501 – 80-2-503.5
Part 6	Child Abuse and Neglect Reports	80-2-601 – 80-2-611
Part 7	Child Abuse and Neglect Investigation	80-2-701 – 80-2-709
Part 8	Division Child Placing and Adoption Services	80-2-801 – 80-2-809
Part 9	Interstate Compact on Placement of Children	80-2-901 – 80-2-910
Part 10	Division and Child Welfare Records	80-2-1001 – 80-2-1007
Part 11	Child Welfare Services Improvement and Oversight	80-2-1101 – 80-2-1104

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Terms Used In Utah Code > Title 80 > Chapter 2 - Child Welfare Services

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

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 80-1-102

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.

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.

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

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

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

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

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.

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.

Council: means the Child Welfare Improvement Council created in Section 80-2-1101. See Utah Code 80-2-102

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

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.

Devise: To gift property by will.

Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102

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 Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102

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

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

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.

Fraud: Intentional deception resulting in injury to another.

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: 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

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

Indigent individual: means the same as that term is defined in Section 78B-22-102. 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.

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

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

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

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

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

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

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.

Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103

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

Person: means :Utah Code 68-3-12.5

Plaintiff: The person who files the complaint in a civil lawsuit.

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

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

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

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.

Service of process: The service of writs or summonses to the appropriate party.

Severe abuse: means abuse 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

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

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 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

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

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

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

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

Vendor services: means services that a person provides under contract with the division. See Utah Code 80-2-801

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

Writing: includes :Utah Code 68-3-12.5