26B-1-505.  Fatality review committee proceedings.

(1)  A majority vote of committee members present constitutes the action of the committee.

Terms Used In Utah Code 26B-1-505

(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)  The department shall give the committee access to all reports, records, and other documents that are relevant to the near fatality or the death under investigation, including:

    (a)  narrative reports;

    (b)  case files;

    (c)  autopsy reports; and

    (d)  police reports, unless the report is protected from disclosure under Subsection 63G-2-305(10) or (11).

    (3)  The Utah State Hospital and the Utah State Developmental Center shall provide protected health information to the committee if requested by a fatality review coordinator.

    (4)  A committee shall convene its first meeting within 14 days after the day on which a formal review is ordered, unless this time is extended, for good cause, by the director of the Division of Continuous Quality and Improvement.

    (5)  A committee may interview a staff member, a provider, or any other person who may have knowledge or expertise that is relevant to the formal review.

    (6)  A committee shall render an advisory opinion regarding:

    (a)  whether the provisions of law, rule, policy, and procedure relating to the qualified individual and the individual’s family were complied with;

    (b)  whether the near fatality or the death was responded to properly;

    (c)  whether to recommend that a law, rule, policy, or procedure be changed; and

    (d)  whether additional training is needed.

    Renumbered and Amended by Chapter 305, 2023 General Session

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