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 inflict
physical 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 custody
a disabled child; or
(ii) 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
disabled child.
(c) "Disabled child" means any person under 18 years of age who is impaired because of
mental illness, mental deficiency, physical illness or disability, or other cause, to the extent that
the person is unable to care for the person's own personal safety or to provide necessities such as
food, 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 abuses or neglects a disabled child is guilty of a third degree
felony.
(3) (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 shall not, for that reason alone, be considered to be in violation under this
section.
(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 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 disabled child does not violate this section by selecting a treatment
option for a disabled child's medical condition, if the treatment option is one that a reasonable
caretaker would believe to be in the best interest of the disabled child.
Amended by Chapter 3, 2008 General Session
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Last revised: Wednesday, July 23, 2008