Terms Used In Utah Code > Title 80 > Chapter 6 > Part 6 - Delinquency 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 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 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 80-6-102 Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102 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 Conviction: A judgement of guilt against a criminal defendant. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 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 80-6-102 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. 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 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 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 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 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 Person: means :Utah Code 68-3-12.5 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. Probable cause: A reasonable ground for belief that the offender violated a specific law. 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 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 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 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 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