Section R512-202-2 - DefinitionsThe 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.Utah Admin. Code R512-202-2
Amended by Utah State Bulletin Number 2015-22, effective 10/22/2015Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022Amended by Utah State Bulletin Number 2024-01, effective 12/28/2023