1. (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.

   1. (a) 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.

   2. (b) Abuse includes conduct described in Subsections (1)(b)(i) through (1)(b)(viii).

      1. (i) "Child endangerment" means the same as defined in Rule R512-80 and conduct described in:

         1. (A) Section 76-5-112, recklessly engaging in conduct that creates a substantial risk of death or serious bodily injury to a child; or
         2. (B)(I) 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.
         3. (II) "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.
      2. (ii) "Dealing in material harmful to a child" means the same as defined in Rule R512-80 or any other conduct constituting an offense under Sections 76-10-1201 through 76-10-1206.
      3. (iii) "Domestic violence related child abuse" means the same as defined in Rules R512-80 and R512-205.
      4. (iv) "Emotional abuse" means the same as defined in Rule R512-80.
      5. (v) "Fetal exposure to alcohol or other harmful substances" means the same as defined in Rule R512-80.
      6. (vi) "Pediatric condition falsification" means the same as defined in Rule R512-80.
      7. (vii) "Physical abuse" means the same as defined in Sections 76-5-109 and 80-1-102 and Rule R512-80.
      8. (viii) "Sexual abuse" means the same as defined in Section 80-1-102 and Rule R512-80.

2. (2) "Neglect" means the same as defined in Section 80-1-102 and Rule R512-80 and includes conduct described in Subsections (2)(a) through (2)(h).

   1. (a)(i) "Abandonment," except in the case of the safe relinquishment of a newborn child pursuant to Section 80-4-502, 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 and child relationship.

      1. (ii) Abandonment arises when a parent:

         1. (A) although having legal custody of the child, has surrendered physical custody of the child and for 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;
         2. (B) has failed to communicate with the child by mail, telephone, or otherwise for six months;
         3. (C) has failed to have shown the normal interest of a natural parent, without just cause; or
         4. (D) has abandoned an infant, as described in Section 80-4-203.
   2. (b) "Failure to protect" means the same as defined in Rule R512-80.
   3. (c) "Failure to thrive" means the same as defined in Rule R512-80.

   4. (d) "Medical neglect" means the same as defined in Rule R512-80.

      1. (i) Exceptions and limitations to neglect, as described in Section 80-1-102, include:

         1. (A) a parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child; and
         2. (B) a health care decision made for a child by the child's parent or guardian, unless clear and convincing evidence shows that the health care decision is not reasonable and informed.
      2. (ii) Nothing may prohibit a parent or guardian from exercising the right to obtain a second health care opinion, in accordance with Section 80-3-304.
   5. (e) "Non-supervision" means the same as defined in Rule R512-80.
   6. (f) "Physical neglect" means the same as defined in Rule R512-80.
   7. (g) "Sibling at risk" means the same as defined in Rule R512-80.
   8. (h) "Unregulated custody transfer" means conduct defined and described in Sections 80-1-102, 81-14-202, and 81-14-203.
3. (3) "Dependency" means the same as defined in Section 80-1-102 and Rule R512-80.
4. (4) "Safe relinquishment of a newborn child" means that 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 if the newborn child has not been subjected to abuse or neglect.

The following terms are defined for the use of referral and investigation allegation categories for abuse, neglect, and dependency.

KEY: social services, child welfare, domestic violence, child abuse

Date of Last Change: February 2, 2026

Notice of Continuation: February 14, 2023

Authorizing, and Implemented or Interpreted Law: 76-5-109; 76-5-112; 76-5-112.5; 76-10-1201 through 76-10-1206; 80-1-102; 80-2-301; 80-2-302; 80-3-304; 80-4-203; 80-4-502; 81-14-202; 81-14-203