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2006 Utah Code - 78-3a-103 — Definitions.
78-3a-103. Definitions.
(1) As used in this chapter:
(a) "Abused child" includes a child who:
(i) has suffered or been threatened with nonaccidental physical or mental harm, negligent treatment, or sexual exploitation; or
(ii) has been the victim of any sexual abuse.
(b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved.
(c) "Adult" means a person 18 years of age or over, except that a person 18 years or over under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121 shall be referred to as a minor.
(d) "Board" means the Board of Juvenile Court Judges.
(e) "Child" means a person under 18 years of age.
(f) "Child placement agency" means:
(i) a private agency licensed to receive a child for placement or adoption under this code; or
(ii) a private agency that receives a child for placement or adoption in another state, which agency is licensed or approved where such license or approval is required by law.
(g) "Clandestine laboratory operation" is as defined in Section 58-37d-3.
(h) "Commit" means, unless specified otherwise:
(i) with respect to a child, to transfer legal custody; and
(ii) with respect to a minor who is at least 18 years of age, to transfer custody.
(i) "Court" means the juvenile court.
(j) "Dependent child" includes a child who is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
(k) "Deprivation of custody" means transfer of legal custody by the court from a parent or the parents or a previous legal custodian to another person, agency, or institution.
(l) "Detention" means home detention and secure detention as defined in Section 62A-7-101 for the temporary care of a minor who requires secure custody in a physically restricting facility:
(i) pending court disposition or transfer to another jurisdiction; or
(ii) while under the continuing jurisdiction of the court.
(m) "Division" means the Division of Child and Family Services.
(n) "Formal referral" means a written report from a peace officer or other person informing the court that a minor is or appears to be within the court's jurisdiction and that a petition may be filed.
(o) "Group rehabilitation therapy" means psychological and social counseling of one or more persons in the group, depending upon the recommendation of the therapist.
(p) "Guardianship of the person" includes the authority to consent to:
(i) marriage;
(ii) enlistment in the armed forces;
(iii) major medical, surgical, or psychiatric treatment; or
(iv) legal custody, if legal custody is not vested in another person, agency, or institution.
(q) "Habitual truant" is as defined in Section 53A-11-101.
(r) "Legal custody" means a relationship embodying the following rights and duties:
(i) the right to physical custody of the minor;
(ii) the right and duty to protect, train, and discipline the minor;
(iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care;
(iv) the right to determine where and with whom the minor shall live; and
(v) the right, in an emergency, to authorize surgery or other extraordinary care.
(s) "Minor" means:
(i) a child; or
(ii) a person who is:
(A) at least 18 years of age and younger than 21 years of age; and
(B) under the jurisdiction of the juvenile court.
(t) "Natural parent" means a minor's biological or adoptive parent, and includes the minor's noncustodial parent.
(u) (i) "Neglected child" means a child:
(A) whose parent, guardian, or custodian has abandoned the child, except as provided in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child;
(B) whose parent, guardian, or custodian has subjected the child to mistreatment or abuse;
(C) who lacks proper parental care by reason of the fault or habits of the parent, guardian, or custodian;
(D) whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, education, or medical care, including surgery or psychiatric services when required, or any other care necessary for health, safety, morals, or well-being;
(E) who is at risk of being a neglected or abused child as defined in this chapter because another child in the same home is a neglected or abused child as defined in this chapter; or
(F) whose parent permits the minor to reside, on a permanent or temporary basis, at the location of a clandestine laboratory operation.
(ii) The aspect of neglect related to education, described in Subsection (1)(u)(i)(D), means that, after receiving notice that a child has been frequently absent from school without good cause, or that the child has failed to cooperate with school authorities in a reasonable manner, a parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education.
(iii) A parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child, is not guilty of neglect.
(iv) Notwithstanding Subsection (1)(u)(i), a health care decision made for a child by the child's parent or guardian does not constitute neglect unless the state or other party to the proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed.
(v) Nothing in Subsection (1)(u)(iv) may prohibit a parent or guardian from exercising the right to obtain a second health care opinion.
(v) "Nonjudicial adjustment" means closure of the case by the assigned probation officer without judicial determination upon the consent in writing of:
(i) the assigned probation officer; and
(ii) (A) the minor; or
(B) the minor and the minor's parent, legal guardian, or custodian.
(w) "Probation" means a legal status created by court order following an adjudication on the ground of a violation of law or under Section 78-3a-104, whereby the minor is permitted to remain in the minor's home under prescribed conditions and under supervision by the probation department or other agency designated by the court, subject to return to the court for violation of any of the conditions prescribed.
(x) "Protective supervision" means a legal status created by court order following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or dependency is provided by the probation department or other agency designated by the court.
(y) (i) "Residual parental rights and duties" means those rights and duties remaining with the parent after legal custody or guardianship, or both, have been vested in another person or agency, including:
(A) the responsibility for support;
(B) the right to consent to adoption;
(C) the right to determine the child's religious affiliation; and
(D) the right to reasonable parent-time unless restricted by the court.
(ii) If no guardian has been appointed, "residual parental rights and duties" also include the right to consent to:
(A) marriage;
(B) enlistment; and
(C) major medical, surgical, or psychiatric treatment.
(z) "Secure facility" means any facility operated by or under contract with the Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for youth offenders committed to the division for custody and rehabilitation.
(aa) "Shelter" means the temporary care of a child in a physically unrestricted facility pending court disposition or transfer to another jurisdiction.
(bb) "State supervision" means a disposition that provides a more intensive level of intervention than standard probation but is less intensive or restrictive than a community placement with the Division of Juvenile Justice Services.
(cc) "Substantiated" is as defined in Section 62A-4a-101.
(dd) "Supported" is as defined in Section 62A-4a-101.
(ee) "Termination of parental rights" means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.
(ff) "Therapist" means:
(i) a person employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in its custody; or
(ii) any other person licensed or approved by the state for the purpose of conducting psychological treatment and counseling.
(gg) "Unsubstantiated" is as defined in Section 62A-4a-101.
(hh) "Without merit" is as defined in Section 62A-4a-101.
(2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the Division of Child and Family Services:
(a) "Custody" means the custody of a minor in the Division of Child and Family Services as of the date of disposition.
(b) "Protective custody" means the shelter of a child by the Division of Child and Family Services from the time the child is removed from home until the earlier of:
(i) the shelter hearing; or
(ii) the child's return home.
(c) "Temporary custody" means the custody of a child in the Division of Child and Family Services from the date of the shelter hearing until disposition.
(1) As used in this chapter:
(a) "Abused child" includes a child who:
(i) has suffered or been threatened with nonaccidental physical or mental harm, negligent treatment, or sexual exploitation; or
(ii) has been the victim of any sexual abuse.
(b) "Adjudication" means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved.
(c) "Adult" means a person 18 years of age or over, except that a person 18 years or over under the continuing jurisdiction of the juvenile court pursuant to Section 78-3a-121 shall be referred to as a minor.
(d) "Board" means the Board of Juvenile Court Judges.
(e) "Child" means a person under 18 years of age.
(f) "Child placement agency" means:
(i) a private agency licensed to receive a child for placement or adoption under this code; or
(ii) a private agency that receives a child for placement or adoption in another state, which agency is licensed or approved where such license or approval is required by law.
(g) "Clandestine laboratory operation" is as defined in Section 58-37d-3.
(h) "Commit" means, unless specified otherwise:
(i) with respect to a child, to transfer legal custody; and
(ii) with respect to a minor who is at least 18 years of age, to transfer custody.
(i) "Court" means the juvenile court.
(j) "Dependent child" includes a child who is homeless or without proper care through no fault of the child's parent, guardian, or custodian.
(k) "Deprivation of custody" means transfer of legal custody by the court from a parent or the parents or a previous legal custodian to another person, agency, or institution.
(l) "Detention" means home detention and secure detention as defined in Section 62A-7-101 for the temporary care of a minor who requires secure custody in a physically restricting facility:
(i) pending court disposition or transfer to another jurisdiction; or
(ii) while under the continuing jurisdiction of the court.
(m) "Division" means the Division of Child and Family Services.
(n) "Formal referral" means a written report from a peace officer or other person informing the court that a minor is or appears to be within the court's jurisdiction and that a petition may be filed.
(o) "Group rehabilitation therapy" means psychological and social counseling of one or more persons in the group, depending upon the recommendation of the therapist.
(p) "Guardianship of the person" includes the authority to consent to:
(i) marriage;
(ii) enlistment in the armed forces;
(iii) major medical, surgical, or psychiatric treatment; or
(iv) legal custody, if legal custody is not vested in another person, agency, or institution.
(q) "Habitual truant" is as defined in Section 53A-11-101.
(r) "Legal custody" means a relationship embodying the following rights and duties:
(i) the right to physical custody of the minor;
(ii) the right and duty to protect, train, and discipline the minor;
(iii) the duty to provide the minor with food, clothing, shelter, education, and ordinary medical care;
(iv) the right to determine where and with whom the minor shall live; and
(v) the right, in an emergency, to authorize surgery or other extraordinary care.
(s) "Minor" means:
(i) a child; or
(ii) a person who is:
(A) at least 18 years of age and younger than 21 years of age; and
(B) under the jurisdiction of the juvenile court.
(t) "Natural parent" means a minor's biological or adoptive parent, and includes the minor's noncustodial parent.
(u) (i) "Neglected child" means a child:
(A) whose parent, guardian, or custodian has abandoned the child, except as provided in Title 62A, Chapter 4a, Part 8, Safe Relinquishment of a Newborn Child;
(B) whose parent, guardian, or custodian has subjected the child to mistreatment or abuse;
(C) who lacks proper parental care by reason of the fault or habits of the parent, guardian, or custodian;
(D) whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, education, or medical care, including surgery or psychiatric services when required, or any other care necessary for health, safety, morals, or well-being;
(E) who is at risk of being a neglected or abused child as defined in this chapter because another child in the same home is a neglected or abused child as defined in this chapter; or
(F) whose parent permits the minor to reside, on a permanent or temporary basis, at the location of a clandestine laboratory operation.
(ii) The aspect of neglect related to education, described in Subsection (1)(u)(i)(D), means that, after receiving notice that a child has been frequently absent from school without good cause, or that the child has failed to cooperate with school authorities in a reasonable manner, a parent or guardian fails to make a good faith effort to ensure that the child receives an appropriate education.
(iii) A parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child, is not guilty of neglect.
(iv) Notwithstanding Subsection (1)(u)(i), a health care decision made for a child by the child's parent or guardian does not constitute neglect unless the state or other party to the proceeding shows, by clear and convincing evidence, that the health care decision is not reasonable and informed.
(v) Nothing in Subsection (1)(u)(iv) may prohibit a parent or guardian from exercising the right to obtain a second health care opinion.
(v) "Nonjudicial adjustment" means closure of the case by the assigned probation officer without judicial determination upon the consent in writing of:
(i) the assigned probation officer; and
(ii) (A) the minor; or
(B) the minor and the minor's parent, legal guardian, or custodian.
(w) "Probation" means a legal status created by court order following an adjudication on the ground of a violation of law or under Section 78-3a-104, whereby the minor is permitted to remain in the minor's home under prescribed conditions and under supervision by the probation department or other agency designated by the court, subject to return to the court for violation of any of the conditions prescribed.
(x) "Protective supervision" means a legal status created by court order following an adjudication on the ground of abuse, neglect, or dependency, whereby the minor is permitted to remain in the minor's home, and supervision and assistance to correct the abuse, neglect, or dependency is provided by the probation department or other agency designated by the court.
(y) (i) "Residual parental rights and duties" means those rights and duties remaining with the parent after legal custody or guardianship, or both, have been vested in another person or agency, including:
(A) the responsibility for support;
(B) the right to consent to adoption;
(C) the right to determine the child's religious affiliation; and
(D) the right to reasonable parent-time unless restricted by the court.
(ii) If no guardian has been appointed, "residual parental rights and duties" also include the right to consent to:
(A) marriage;
(B) enlistment; and
(C) major medical, surgical, or psychiatric treatment.
(z) "Secure facility" means any facility operated by or under contract with the Division of Juvenile Justice Services, that provides 24-hour supervision and confinement for youth offenders committed to the division for custody and rehabilitation.
(aa) "Shelter" means the temporary care of a child in a physically unrestricted facility pending court disposition or transfer to another jurisdiction.
(bb) "State supervision" means a disposition that provides a more intensive level of intervention than standard probation but is less intensive or restrictive than a community placement with the Division of Juvenile Justice Services.
(cc) "Substantiated" is as defined in Section 62A-4a-101.
(dd) "Supported" is as defined in Section 62A-4a-101.
(ee) "Termination of parental rights" means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order.
(ff) "Therapist" means:
(i) a person employed by a state division or agency for the purpose of conducting psychological treatment and counseling of a minor in its custody; or
(ii) any other person licensed or approved by the state for the purpose of conducting psychological treatment and counseling.
(gg) "Unsubstantiated" is as defined in Section 62A-4a-101.
(hh) "Without merit" is as defined in Section 62A-4a-101.
(2) As used in Part 3, Abuse, Neglect, and Dependency Proceedings, with regard to the Division of Child and Family Services:
(a) "Custody" means the custody of a minor in the Division of Child and Family Services as of the date of disposition.
(b) "Protective custody" means the shelter of a child by the Division of Child and Family Services from the time the child is removed from home until the earlier of:
(i) the shelter hearing; or
(ii) the child's return home.
(c) "Temporary custody" means the custody of a child in the Division of Child and Family Services from the date of the shelter hearing until disposition.
Amended by Chapter 97, 2006 General Session
Amended by Chapter 281, 2006 General Session
Amended by Chapter 75, 2006 General Session
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