Utah Code 26B-1-503. Fatality review committee for a qualified individual who was not a resident of the Utah State Hospital or the Utah State Developmental Center

26B-1-503. Fatality review committee for a qualified individual who was not a resident of the Utah State Hospital or the Utah State Developmental Center.

(1)	Except for a fatality review committee described in Section 26B-1-504, the fatality review coordinator shall organize a fatality review committee for each formal review.

Terms Used In Utah Code 26B-1-503

Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
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
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:Utah Code 68-3-12.5
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
Person: means :Utah Code 68-3-12.5
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. 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)

Except as provided in Subsection (5), a committee described in Subsection (1):

(a)

shall include the following members:

(i)	the department’s fatality review coordinator, who shall designate a member of the committee to serve as chair of the committee;

(ii)	a member of the board, if there is a board, of the relevant division or office;

(iii)

the attorney general or the attorney general’s designee;

(iv)

(A)	a member of the management staff of the relevant division or office; or

(B)	a person who is a supervisor, or a higher level position, from a region that did not have jurisdiction over the qualified individual; and

(v)	a member of the department’s risk management services; and

(b)

may include the following members:

(i)	a health care professional;

(ii)	a law enforcement officer; or

(iii)

a representative of the Office of Public Guardian.

(3)

If a death that is subject to formal review involves a qualified individual described in Subsection 26B-1-501(7)(c), (d), or (h), the committee may also include:

(a)	a health care professional;

(b)	a law enforcement officer;

(c)	the director of the Office of Guardian ad Litem;

(d)	an employee of the division who may be able to provide information or expertise that would be helpful to the formal review; or

(e)	a professional whose knowledge or expertise may significantly contribute to the formal review.

(4)	A committee described in Subsection (1) may also include a person whose knowledge or expertise may significantly contribute to the formal review.

(5)	A committee described in this section may not include an individual who was involved in, or who supervises a person who was involved in, the near fatality or the death.

(6)

Each member of a committee described in this section who is not an employee of the department shall sign a form, created by the department, indicating that the member agrees to:

(a)	keep all information relating to the formal review confidential; and

(b)	not release any information relating to a formal review, unless required or permitted by law to release the information.

Renumbered and Amended by Chapter 305, 2023 General Session

Previous section

Next section

Part 5 Contents