76-5-110 - Abuse or neglect of disabled child.
76-5-110. Abuse or neglect of disabled child.
(1) As used in this section:
(a) "Abuse" means:
(i) inflicting physical injury, as that term is defined in Section 76-5-109;
(ii) having the care or custody of a disabled child, causing or permitting another to inflictphysical injury, as that term is defined in Section 76-5-109; or
(iii) unreasonable confinement.
(b) "Caretaker" means:
(i) any parent, legal guardian, or other person having under that person's care and custodya disabled child; or
(ii) any person, corporation, or public institution that has assumed by contract or courtorder the responsibility to provide food, shelter, clothing, medical, and other necessities to adisabled child.
(c) "Disabled child" means any person under 18 years of age who is impaired because ofmental illness, mental deficiency, physical illness or disability, or other cause, to the extent thatthe person is unable to care for the person's own personal safety or to provide necessities such asfood, shelter, clothing, and medical care.
(d) "Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter,supervision, or medical care.
(2) Any caretaker who intentionally, knowingly, or recklessly abuses or neglects adisabled child is guilty of a third degree felony.
(3) (a) A parent or legal guardian who provides a child with treatment by spiritual meansalone through prayer, in lieu of medical treatment, in accordance with the tenets and practices ofan established church or religious denomination of which the parent or legal guardian is amember or adherent shall not, for that reason alone, be considered to be in violation under thissection.
(b) Subject to Subsection 78A-6-117(2)(n)(iii), the exception under Subsection (3)(a)does not preclude a court from ordering medical services from a physician licensed to engage inthe practice of medicine to be provided to the child where there is substantial risk of harm to thechild's health or welfare if the treatment is not provided.
(c) A caretaker of a disabled child does not violate this section by selecting a treatmentoption for a disabled child's medical condition, if the treatment option is one that a reasonablecaretaker would believe to be in the best interest of the disabled child.
Amended by Chapter 219, 2009 General Session