2006 Utah Code - 62A-4a-1002 — Definitions.

     62A-4a-1002.   Definitions.
     As used in this part:
     (1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect" means:
     (i) if committed by a person 18 years of age or older:
     (A) severe or chronic physical abuse;
     (B) sexual abuse;
     (C) sexual exploitation;
     (D) abandonment;
     (E) medical neglect resulting in death, disability, or serious illness;
     (F) chronic neglect;
     (G) severe neglect;
     (H) chronic emotional abuse; or
     (I) severe emotional abuse; or
     (ii) if committed by a person under the age of 18:
     (A) serious physical injury, as defined in Subsection 76-5-109(1)(d), to another child which indicates a significant risk to other children; or
     (B) sexual behavior with or upon another child which indicates a significant risk to other children.
     (b) "Severe type of child abuse or neglect" does not include:
     (i) the use of reasonable and necessary physical restraint or force by an educator in accordance with Subsection 53A-11-802(2) or Section 76-2-401;
     (ii) a person's conduct that:
     (A) is justified under Section 76-2-401; or
     (B) constitutes the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another person from physical injury; or
     (iii) a health care decision made for a child by the child's parent or guardian, unless, subject to Subsection 62A-4a-1004(2), the state or other party to the proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed.
     (2) "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 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.

Enacted by Chapter 77, 2006 General Session