62A-4a-1002 - Definitions.
62A-4a-1002. Definitions.
As used in this part:
(1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect"means:
(i) if committed by a person 18 years of age or older:
(A) chronic abuse;
(B) severe abuse;
(C) sexual abuse;
(D) sexual exploitation;
(E) abandonment;
(F) chronic neglect; or
(G) severe neglect; or
(ii) if committed by a person under the age of 18:
(A) serious physical injury, as defined in Subsection 76-5-109(1), to another child whichindicates a significant risk to other children; or
(B) sexual behavior with or upon another child which indicates a significant risk to otherchildren.
(b) "Severe type of child abuse or neglect" does not include:
(i) the use of reasonable and necessary physical restraint or force by an educator inaccordance with Subsection 53A-11-802(2) or Section 76-2-401;
(ii) a person's conduct that:
(A) is justified under Section 76-2-401; or
(B) constitutes the use of reasonable and necessary physical restraint or force inself-defense or otherwise appropriate to the circumstances to obtain possession of a weapon orother dangerous object in the possession or under the control of a child or to protect the child oranother person from physical injury; or
(iii) a health care decision made for a child by the child's parent or guardian, unless,subject to Subsection 62A-4a-1004(2), the state or other party to the proceeding shows, by clearand convincing evidence, that the health care decision is not reasonable and informed.
(2) "Significant risk" means a risk of harm that is determined to be significant inaccordance with risk assessment tools and rules established by the division that focus on:
(a) age;
(b) social factors;
(c) emotional factors;
(d) sexual factors;
(e) intellectual factors;
(f) family risk factors; and
(g) other related considerations.
Amended by Chapter 45, 2008 General Session
Amended by Chapter 299, 2008 General Session