Within seven days after the day on which the department knows that a qualified individual has died or is an individual described in Subsection 26B-1-501(7)(h), a person designated by the department shall:
Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
Formal review: means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6). See Utah Code 26B-1-501
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Near fatality: means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition. See Utah Code 26B-1-501
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
for a death, complete a deceased client report form, created by the department; or
(ii)
for an individual described in Subsection 26B-1-501(7)(h), complete a near fatality client report form, created by the department; and
(b)
forward the completed client report form to the director of the office or division that has jurisdiction over the region or facility.
(2)
The director of the office or division described in Subsection (1) shall, upon receipt of a near fatality client report form or a deceased client report form, immediately provide a copy of the form to:
(a)
the executive director; and
(b)
the fatality review coordinator or the fatality review coordinator’s designee.
(3)
Within 10 days after the day on which the fatality review coordinator or the fatality review coordinator’s designee receives a copy of the near fatality client report form or the deceased client report form, the fatality review coordinator or the fatality review coordinator’s designee shall request a copy of all relevant department case records regarding the individual who is the subject of the client report form.
(4)
Each person who receives a request for a record described in Subsection (3) shall provide a copy of the record to the fatality review coordinator or the fatality review coordinator’s designee, by a secure method, within seven days after the day on which the request is made.
(5)
Within 30 days after the day on which the fatality review coordinator or the fatality review coordinator’s designee receives the case records requested under Subsection (3), the fatality review coordinator, or the fatality review coordinator’s designee, shall:
(a)
review the client report form, the case files, and other relevant information received by the fatality review coordinator; and
(b)
make a recommendation to the director of the Division of Continuous Quality and Improvement regarding whether a formal review of the death or near fatality should be conducted.
(6)
(a)
In accordance with Subsection (6)(b), within seven days after the day on which the fatality review coordinator or the fatality review coordinator’s designee makes the recommendation described in Subsection (5)(b), the director of the Division of Continuous Quality and Improvement or the director’s designee shall determine whether to order that a review of the death or near fatality be conducted.
(b)
The director of the Division of Continuous Quality and Improvement or the director’s designee shall order that a formal review of the death or near fatality be conducted if:
(i)
at the time of the near fatality or the death, the qualified individual is:
the near fatality or the death is due to a natural cause; or
(II)
the director of the Division of Continuous Quality and Improvement or the director’s designee determines that the near fatality or 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; or
(B)
a child in foster care or substitute care, unless the near fatality or the death is due to:
(I)
a natural cause; or
(II)
an accident;
(ii)
it appears, based on the information provided to the director of the Division of Continuous Quality and Improvement or the director’s designee, that:
(A)
a provision of law, rule, policy, or procedure relating to the qualified individual or the individual’s family may not have been complied with;
(B)
the near fatality or the fatality was not responded to properly;
(C)
a law, rule, policy, or procedure may need to be changed; or
(D)
additional training is needed;
(iii)
(A)
the death is caused by suicide; or
(B)
the near fatality is caused by attempted suicide; or
(iv)
the director of the Division of Continuous Quality and Improvement or the director’s designee determines that another reason exists to order that a review of the near fatality or the death be conducted.
Renumbered and Amended by Chapter 305, 2023 General Session
