UT Code § 62A-4a-101 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 4a - Child and Family Services|Part 1 - General Provisions|Section 101 - Definitions.

 Effective 9/1/2021  62A-4a-101. Definitions.  As used in this chapter:  (1) "Abuse" means the same as that term is defined in Section 80-1-102.     (2) "Adoption services" means:   (a) placing children for adoption;     (b) subsidizing adoptions under Section 62A-4a-105;     (c) supervising adoption placements until the adoption is finalized by the 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.       (3) "Child" means, except as provided in Part 7, Interstate Compact on Placement of Children, an individual under 18 years old.     (4) "Child protection team" means a team consisting of:   (a) the caseworker assigned to the case;     (b) if applicable, the 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.        (5)   (a) "Chronic abuse" means repeated or patterned abuse.     (b) "Chronic abuse" does not mean an isolated incident of abuse.       (6)   (a) "Chronic neglect" means repeated or patterned neglect.     (b) "Chronic neglect" does not mean an isolated incident of neglect.       (7) "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.       (8) "Consumer" means a person who receives services offered by the division in accordance with this chapter.     (9) "Custody," with regard to the division, means the custody of a minor in the division as of the date of disposition.     (10) "Day-care services" means care of a child for a portion of the day which is less than 24 hours:   (a) in the child's own home by a responsible individual; or     (b) outside of the child's home in a:   (i) day-care center;     (ii) family group home; or     (iii) family child care home.         (11) "Dependent child" or "dependency" means a child, or the condition of a child, who is without proper care through no fault of the child's parent, guardian, or custodian.     (12) "Director" means the director of the Division of Child and Family Services created in Section 62A-4a-103.     (13) "Division" means the Division of Child and Family Services.     (14) "Domestic violence services" means:   (a) temporary shelter, treatment, and related services 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, an act of domestic violence as defined in Section 77-36-1.       (15) "Educational neglect" means the same as that term is defined in Section 80-1-102.     (16) "Harm" means the same as that term is defined in Section 80-1-102.     (17) "Homemaking service" means the care of individuals in their domiciles, and help given to individual caretaker relatives to achieve improved household and family management through the services of a trained homemaker.     (18) "Incest" means the same as that term is defined in Section 80-1-102.     (19) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.     (20) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.     (21) "Minor" means, except as provided in Part 7, Interstate Compact on Placement of Children, the same as that term is defined in Section 80-1-102.     (22) "Molestation" means the same as that term is defined in Section 80-1-102.     (23) "Mutual case" means a case that has been:   (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.       (24) "Natural parent" means the same as that term is defined in Section 80-1-102.     (25) "Neglect" means the same as that term is defined in Section 80-1-102.     (26) "Protective custody" means the same as that term is defined in Section 80-1-102.     (27) "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.           (28) "Severe abuse" means the same as that term is defined in Section 80-1-102.     (29) "Severe neglect" means the same as that term is defined in Section 80-1-102.     (30) "Sexual abuse" means the same as that term is defined in Section 80-1-102.     (31) "Sexual exploitation" means the same as that term is defined in Section 80-1-102.     (32) "Shelter care" means the temporary care of a minor in a nonsecure facility.     (33) "Shelter facility" means a nonsecure facility that provides shelter care for a minor.     (34) "Sibling" means a child who shares or has shared at least one parent in common either by blood or adoption.     (35) "Sibling visitation" means services provided by the division to facilitate the interaction between a child in division custody with a sibling of that child.     (36) "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.       (37) "State plan" means the written description of the programs for children, youth, and family services administered by the division in accordance with federal law.     (38) "Status offense" means the same as that term is defined in Section 80-1-102.     (39) "Substance abuse" means, except as provided in Section 62A-4a-404, the same as that term is defined in Section 80-1-102.     (40) "Substantiated" or "substantiation" means a judicial finding based on a preponderance of the evidence that abuse or neglect occurred. Each allegation made or identified in a given case shall be considered separately in determining whether there should be a finding of substantiated.     (41) "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 awaiting placement; and     (c) the licensing and supervision of a substitute care facility.       (42) "Supported" means a finding by the division based on the evidence available at the completion of an investigation that there is a reasonable basis to conclude that abuse, neglect, or dependency occurred. Each allegation made or identified during the course of the investigation shall be considered separately in determining whether there should be a finding of supported.     (43) "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.     (44) "Threatened harm" means the same as that term is defined in Section 80-1-102.     (45) "Transportation services" means travel assistance given to an individual with escort service, if necessary, to and from community facilities and resources as part of a service plan.     (46) "Unsubstantiated" means a judicial finding that there is insufficient evidence to conclude that abuse or neglect occurred.     (47) "Unsupported" means a finding by the division at the completion of an investigation that there is insufficient evidence to conclude that abuse, neglect, or dependency occurred. However, a finding of unsupported means also that the division did not conclude that the allegation was without merit.     (48) "Without merit" means a finding at the completion of an investigation by the division, 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.    Amended by Chapter 29, 2021 General SessionAmended by Chapter 231, 2021 General SessionAmended by Chapter 261, 2021 General SessionAmended by Chapter 261, 2021 General Session, (Coordination Clause)