Utah Code 26B-1-504. Fatality review committees for a resident of the Utah State Hospital or the Utah State Developmental Center

26B-1-504. Fatality review committees for a resident of the Utah State Hospital or the Utah State Developmental Center.

(1)	If a qualified individual who is the subject of a formal review was a resident of the Utah State Hospital or the Utah State Developmental Center, the fatality review coordinator of that facility shall organize a fatality review committee to review the near fatality or the death.

Terms Used In Utah Code 26B-1-504

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
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 (4), a committee described in Subsection (1) shall include the following members:

(a)	the fatality review coordinator for the facility, who shall serve as chair of the committee;

(b)	a member of the management staff of the facility;

(c)	a supervisor of a unit other than the one in which the qualified individual resided;

(d)	a physician;

(e)	a representative from the administration of the division that oversees the facility;

(f)	the department’s fatality review coordinator;

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

(h)	a citizen who is not an employee of the department.

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

(4)

A committee described in this section may not include an individual who:

(a)	was involved in, or who supervises a person who was involved in, the near fatality or the death; or

(b)	has a conflict with the fatality review.

Renumbered and Amended by Chapter 305, 2023 General Session

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