Terms Used In Utah Code > Title 80 > Chapter 3 - Abuse, Neglect, and Dependency Proceedings

• 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 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 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. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. 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 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 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 Clandestine laboratory operation: means the same as that term is defined in Section 58-37d-3. 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 Continuance: Putting off of a hearing ot trial until a later time. 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. 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. 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 Detention: means home detention or secure detention. See Utah Code 80-1-102 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 Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-3-102 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. 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 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 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 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 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. 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 Mortgagee: The person to whom property is mortgaged and who has loaned 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 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 Nonresident: means every person who is not a resident of Utah. See Utah Code 41-12a-103 Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103 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 Physical abuse: means abuse that results in physical injury or damage to a child. See Utah Code 80-1-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 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 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 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 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 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 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 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 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 same as that term is defined in Section 80-2-102. See Utah Code 80-3-102 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 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 Unsubstantiated: means a judicial finding that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. See Utah Code 80-1-102 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 Writing: includes :Utah Code 68-3-12.5