Utah § 76-5-110 - Abuse or neglect of a child with a disability.
Full text of Utah Utah Code § 76-5-110 — Abuse or neglect of a child with a disability., with citation guidance and answers to common questions.
§ 76-5-110. Abuse or neglect of a child with a disability.
Effective 5/7/2025 76-5-110.
Abuse or neglect of a child with a disability.
(1)
(a)
As used in this section:
(i)
"Abuse" means:
(A)
inflicting injury;
(B)
having the care or custody of a child with a disability, causing or permitting another to inflict injury; or
(C)
unreasonable confinement.
(ii)
"Caretaker" means:
(A)
any parent, legal guardian, or other person having under that person's care and custody a child with a disability; or
(B)
any person, corporation, or public institution that has assumed by contract or court order the responsibility to provide food, shelter, clothing, medical, and other necessities to a child with a disability.
(iii)
"Child with a disability" means an individual under 18 years old who is impaired because of mental illness, mental deficiency, physical illness or disability, or other cause, to the extent that the individual is unable to care for the individual's own personal safety or to provide necessities such as food, shelter, clothing, and medical care.
(iv)
"Injury" means the same as that term is defined in Section 76-5-109.
(v)
"Neglect" means failure by a caretaker to provide care, nutrition, clothing, shelter, supervision, or medical care.
(b)
Terms defined in Section 76-1-101.5 apply to this section.
(2)
An actor commits abuse or neglect of a child with a disability if the actor is a caretaker and intentionally, knowingly, or recklessly abuses or neglects a child with a disability.
(3)
A violation of Subsection (2) is a third degree felony.
(4)
(a)
A parent or legal guardian who provides a child with treatment by spiritual means alone through prayer, in lieu of medical treatment, in accordance with the tenets and practices of an established church or religious denomination of which the parent or legal guardian is a member or adherent may not, for that reason alone, be considered to be in violation under this section.
(b)
Subject to Section 80-3-109, the exception under Subsection (4)(a) does not preclude a court from ordering medical services from a physician licensed to engage in the practice of medicine to be provided to the child where there is substantial risk of harm to the child's health or welfare if the treatment is not provided.
(c)
A caretaker of a child with a disability does not violate this section by selecting a treatment option for a medical condition of a child with a disability, if the treatment option is one that a reasonable caretaker would believe to be in the best interest of the child with a disability.
Section 76-5-110 ("Abuse or neglect of a child with a disability.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 76-5-110?
A common citation format is "Utah Code § 76-5-110" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 76-5-110 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
