Utah Admin. Code R512-80-2 - Definitions
(1) "Abandonment" means 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-child relationship,
except in the case of the safe relinquishment of a newborn child pursuant to
Section 80-4-502. Abandonment also
includes conduct specified in Section
80-4-302.
(2) "Abuse" is as defined in Section
80-1-102. It includes child
endangerment, Domestic Violence Related Child Abuse, emotional abuse, fetal
exposure to alcohol or other harmful substances, dealing in material harmful to
a child, Pediatric Condition Falsification or medical child abuse, physical
abuse, sexual abuse, and sexual exploitation.
(3) "Child endangerment" means subjecting a
child to threatened harm. This also includes conduct outlined in Sections
76-5-112 and
76-5-112.5.
(4) "Chronic abuse" is as defined in Section
80-1-102.
(5) "Chronic neglect" is as defined in
Section 80-1-102.
(6) "Cohabitant"
is as defined in Section
78B-7-102.
(7) "Custodian" means a person who has legal
custody of a child or a person responsible for a child's care.
(8) "Dealing in material harmful to a child"
means distributing, providing, or transferring possession; exhibiting or
showing; or allowing immediate access to material harmful to a child or any
other conduct constituting an offense under Sections
76-10-1201 through
76-10-1206.
(9) "Dependency" is as defined in Section
80-1-102. Dependency includes safe
relinquishment of a newborn child as provided in Section
80-4-502.
(10) "Domestic Violence Related Child Abuse"
means domestic violence between cohabitants in the presence of a child. It may
be an isolated incident or a pattern of conduct as defined in Rule
R512-205.
(11) "Educational
neglect" means failure or refusal to make a good faith effort to ensure that a
child receives an appropriate education, after receiving notice that the child
has been frequently absent from school without good cause or that the parent
has failed to cooperate with school authorities in a reasonable manner in
accordance with Sections
80-1-102 and
53G-6-210.
(12) "Emotional abuse" means engaging in
conduct or threatening a child with conduct that causes or can reasonably be
expected to cause the child emotional harm. This includes:
(a) demeaning or derogatory remarks that
affect or can reasonably be expected to affect a child's development of self
and social competence; or
(b)
threatening harm, rejecting, isolating, terrorizing, ignoring, or
corrupting.
(13)
"Environmental neglect" means an environment that poses an unreasonable risk to
the physical health or safety of a child.
(14) "Failure to protect" means failure to
take reasonable action to remedy or prevent child abuse or neglect. Failure to
protect includes the conduct of a non-abusive parent or guardian who knows the
identity of the abuser or the person neglecting the child, but lies, conceals,
or fails to report the abuse or neglect or the alleged perpetrator's
identity.
(15) "Failure to thrive"
means a medically diagnosed condition in which the child fails to develop
physically. This condition is typically indicated by inadequate weight
gain.
(16) "Fetal exposure to
alcohol or other harmful substances" means a condition in which a newborn is
adversely affected by the child's mother's substance abuse during pregnancy,
has fetal alcohol syndrome or fetal alcohol spectrum disorder, or demonstrates
drug or alcohol withdrawal symptoms. Newborn withdrawal symptoms due to
medications taken by the mother as legally prescribed, without indication of
misuse, are expected and do not constitute fetal exposure.
(17) "Harm" is as defined in Section
80-1-102.
(18)
(a)
"Harmful to minors" is in accordance with Section
76-10-1201 and means that quality
of any description or representation of nudity, sexual conduct, sexual
excitement, or sadomasochistic abuse when it:
(i) taken as a whole, appeals to the prurient
interest of sex of minors;
(ii) is
patently offensive to prevailing standards in the adult community as a whole
with respect to what is suitable material for minors; and
(iii) taken as a whole does not have serious
value for minors.
(b)
Serious value includes only serious literary, artistic, political, or
scientific value for minors."
(19) "Material" is in accordance with Section
76-10-1201 and means anything printed or written or any picture, drawing,
photograph, motion picture, or pictorial representation, or any statue or other
figure, or any recording or transcription, or any mechanical, chemical, or
electrical reproduction, or anything which is or may be used as a means of
communication. Material includes undeveloped photographs, molds, printing
plates, and other latent representational objects.
(20) "Medical neglect" means failure or
refusal to provide proper or necessary medical, dental, or mental health care
or to comply with the recommendations of a medical, dental, or mental health
professional necessary to the child's health, safety, or well-being. Exceptions
and limitations are as provided in Section
80-1-102.
(21) "Molestation" is as defined in Section
80-1-102.
(22) "Neglect" is as defined in Section
80-1-102. It includes abandonment, educational neglect, environmental neglect,
failure to protect, failure to thrive, medical neglect, non-supervision,
physical neglect, sibling at risk, and an unregulated child custody
transfer.
(23) "Non-supervision"
means the child is subjected to accidental harm or an unreasonable risk of
accidental harm due to failure to supervise the child's activities at a level
consistent with the child's age and maturity.
(24) "Pediatric Condition Falsification,"
formerly Munchausen Syndrome by Proxy, means a cluster of symptoms or signs,
circumstantially related, in which the parent or guardian misrepresents
information or simulates or produces illness in a child, has knowledge about
the etiology of the child's illness but denies such knowledge, seeks multiple
medical procedures, or acute symptoms and signs of the illness stop when the
child is separated from the parent or guardian.
(25) "Perpetrator" means a person
substantially responsible for causing child abuse or neglect, or a person
responsible for a child's care who permits another to abuse or neglect a child,
and includes a person who engages in conduct in Section
76-5-109.
(26) "Physical abuse" means non-accidental
physical harm or threatened physical harm of a child that may or may not be
visible. It includes unexplained physical harm of an infant, toddler, disabled,
or non-verbal child. "Physical harm" includes "physical injury" and "serious
physical injury" as defined in Section
76-5-109.
(27) "Physical neglect" means failure to
provide for a child's basic needs of food, clothing, shelter, or other care
necessary for the child's health, safety, morals, or well-being.
(28) "Serious harm" includes "serious
physical injury" as defined in Section 76-5-109.
(29) "Severe abuse" is as defined in Section
80-1-102 for all categories except
sexual abuse, sexual exploitation, abandonment, and certain conduct by an
individual under 18 years of age. In Section
80-1-102:
(a) if committed by an individual 18 years of
age, all sexual abuse, sexual exploitation, or abandonment constitute severe
abuse, irrespective of whether there is evidence of harm or threatened harm;
or
(b) if committed by an
individual under 18 years of age, serious physical injury or sexual conduct
that indicates a significant risk of harm constitute severe abuse.
(30) "Severe neglect" is as
defined as in Section
80-1-102.
(31) "Sexual abuse" is as defined in Section
80-1-102. Sexual abuse also includes forcing a child under 18 years of age into
marriage or cohabitation with an adult in an intimate relationship.
(32) "Sexual exploitation" is as defined in
Section 80-1-102.
(33) "Sibling at
risk" means a child who is at risk of being abused or neglected because another
child in the same home or with the same caregiver has been or is abused or
neglected.
(34) "Threatened harm"
is as defined in Section 80-1-102.
Notes
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