26B-1-501.  Definitions.
     As used in this part:

(1)  “Abuse” means the same as that term is defined in Section 80-1-102.

Terms Used In Utah Code 26B-1-501

(a) at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;
(b) 
(i) is in the custody of the department or a division of the department; and
(ii) is placed in a residential placement by the department or a division of the department;
(c) at the time that the individual dies, has an open case for the receipt of child welfare services, including:
(i) an investigation for abuse, neglect, or dependency;
(ii) foster care;
(iii) in-home services; or
(iv) substitute care;
(d) had an open case for the receipt of child welfare services within one year before the day on which the individual dies;
(e) was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:
(i) the department or a division of the department is aware of the death; and
(ii) the death is reported as a homicide, suicide, or an undetermined cause;
(f) received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies, unless the individual:
(i) lived in the individual's home at the time of death; and
(ii) the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department;
(g) dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;
(h) is a child who:
(i) suffers a near fatality; and
(ii) is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:
(A) an investigation for abuse, neglect, or dependency;
(B) foster care;
(C) in-home services; or
(D) substitute care; or
(i) is designated as a qualified individual by the executive director. See Utah Code 26B-1-501
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  “Child” means the same as that term is defined in Section 80-1-102.

    (3)  “Committee” means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504.

    (4)  “Dependency” means the same as that term is defined in Section 80-1-102.

    (5)  “Formal review” means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6).

    (6)  “Near fatality” means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition.

    (7)  “Qualified individual” means an individual who:

    (a)  at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;

    (b) 

    (i)  is in the custody of the department or a division of the department; and

    (ii)  is placed in a residential placement by the department or a division of the department;

    (c)  at the time that the individual dies, has an open case for the receipt of child welfare services, including:

    (i)  an investigation for abuse, neglect, or dependency;

    (ii)  foster care;

    (iii)  in-home services; or

    (iv)  substitute care;

    (d)  had an open case for the receipt of child welfare services within one year before the day on which the individual dies;

    (e)  was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:

    (i)  the department or a division of the department is aware of the death; and

    (ii)  the death is reported as a homicide, suicide, or an undetermined cause;

    (f)  received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies, unless the individual:

    (i)  lived in the individual’s home at the time of death; and

    (ii)  the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department;

    (g)  dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;

    (h)  is a child who:

    (i)  suffers a near fatality; and

    (ii)  is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:

    (A)  an investigation for abuse, neglect, or dependency;

    (B)  foster care;

    (C)  in-home services; or

    (D)  substitute care; or

    (i)  is designated as a qualified individual by the executive director.

    (8)  “Neglect” means the same as that term is defined in Section 80-1-102.

    (9)  “Substitute care” means the same as that term is defined in Section 80-1-102.

    Renumbered and Amended by Chapter 305, 2023 General Session

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