(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 which indicates a significant risk to other children; or (B) sexual behavior with or upon another child which indicates a significant risk to other children. (b) "Severe type of child abuse or neglect" does not include: (i) the use of reasonable and necessary physical restraint by an educator in accordance with Subsection 53G-8-302(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 in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another 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 clear and convincing evidence, that the health care decision is not reasonable and informed.

(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 which indicates a significant risk to other children; or (B) sexual behavior with or upon another child which indicates a significant risk to other children.

(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

(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 which indicates a significant risk to other children; or (B) sexual behavior with or upon another child which indicates a significant risk to other children.

(A) serious physical injury, as defined in Subsection 76-5-109(1), to another child which indicates a significant risk to other children; or

(B) sexual behavior with or upon another child which indicates a significant risk to other children.

(b) "Severe type of child abuse or neglect" does not include: (i) the use of reasonable and necessary physical restraint by an educator in accordance with Subsection 53G-8-302(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 in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another 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 clear and convincing evidence, that the health care decision is not reasonable and informed.

(i) the use of reasonable and necessary physical restraint by an educator in accordance with Subsection 53G-8-302(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 in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another person from physical injury; or

(A) is justified under Section 76-2-401; or

(B) constitutes the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or other dangerous object in the possession or under the control of a child or to protect the child or another 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 clear and 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 in accordance 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.

(a) age;

(b) social factors;

(c) emotional factors;

(d) sexual factors;

(e) intellectual factors;

(f) family risk factors; and

(g) other related considerations.