Utah Admin. Code R512-202-2 - Definitions
The following terms are defined for the use of referral and investigation allegation categories for abuse, neglect, and dependency.
(1) "Abuse" means non-accidental harm or
threatened harm of a child or sexual exploitation or sexual abuse, including
other conduct as described in Section
80-1-102 and Rule R512-80. Abuse
does not include reasonable discipline or management of a child including
withholding privileges, or the use of reasonable and necessary physical
restraint or force on a child in self-defense, defense of others, to protect
the child, or to remove a weapon in the possession of a child. Abuse includes:
(a) "Child endangerment" as defined in Rule
R512-80, and conduct described in:
(i) Section
76-5-112, recklessly engaging in
conduct that creates a substantial risk of death or serious bodily injury to a
child; or
(ii) Section
76-5-112.5, knowing or
intentionally causing or permitting a child to be exposed to, inhale, ingest,
or have contact with a controlled substance, chemical substance, or drug
paraphernalia. "Exposed to" means the child can access an unlawfully possessed
controlled substance or chemical substance, has reasonable capacity to access
drug paraphernalia, or can smell an odor produced during or as a result of the
manufacture or production of a controlled substance.
(b) "Dealing in material harmful to a child"
as defined in Rule R512-80 or any other conduct constituting an offense under
Sections 76-10-1201 through
76-10-1206.
(c) "Domestic violence related child abuse"
as defined in Rules R512-80 and R512-205.
(d) "Emotional abuse" as defined in Rule
R512-80.
(e) "Fetal exposure to
alcohol or other harmful substances" as defined in Rule R512-80.
(f) "Pediatric condition falsification" as
defined in Rule R512-80.
(g)
"Physical abuse" as defined in Sections
76-5-109 and
80-1-102, and Rule
R512-80.
(h) "Sexual abuse" as
defined in Section
80-1-102 and Rule
R512-80.
(2) "Neglect"
as defined in Section 80-1-102 and Rule R512-80. Neglect also includes:
(a) "Abandonment," except in the case of the
safe relinquishment of a newborn child pursuant to Section
80-4-502, conduct by either a
parent or legal guardian showing a conscious disregard for parental
obligations, where that disregard leads to the destruction of the parent and
child relationship. Abandonment also arises when a parent:
(i) although having legal custody of the
child, has surrendered physical custody of the child, and for a period of six
months following the surrender has not manifested to the child or to the person
having the physical custody of the child a firm intention to resume physical
custody or to make arrangements for the care of the child;
(ii) has failed to communicate with the child
by mail, telephone, or otherwise for six months;
(iii) has failed to have shown the normal
interest of a natural parent, without just cause; or
(iv) has abandoned an infant as described in
Section 80-4-203.
(b) "Failure to protect" as defined in Rule
R512-80.
(c) "Failure to thrive" as
defined in Rule R512-80.
(d)
"Medical neglect" as defined in Rule R512-80. Exceptions and limitations
provided in Section
80-1-102 include:
(i) a parent or guardian legitimately
practicing religious beliefs and who, for that reason, does not provide
specified medical treatment for a child; and
(ii) a health care decision made for a child
by the child's parent or guardian does not constitute neglect unless clear and
convincing evidence shows that the health care decision is not reasonable and
informed. Nothing may prohibit a parent or guardian from exercising the right
to obtain a second health care opinion per Section
80-3-304.
(e) "Non-supervision" as defined in Rule
R512-80.
(f) "Physical neglect" as
defined in Rule R512-80.
(g)
"Sibling at risk" as defined in Rule R512-80.
(h) "Unregulated custody transfer" is conduct
defined in Sections
78B-24-202,
78B-24-203, and
80-1-102.
(3) "Dependency" as defined in Section
80-1-102 and Rule R512-80.
(4)
"Safe relinquishment of a newborn child" means a parent or a parent's designee
may safely relinquish a newborn child at a hospital in accordance with the
requirements of Section
80-4-502 and retain anonymity, as
long as the newborn child has not been subjected to abuse or neglect.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.