26B-1-506. Fatality review committee report — Response to report.
| (1) |
Within 20 days after the day on which the committee proceedings described in Section 26B-1-505 end, the committee shall submit:
Terms Used In Utah Code 26B-1-506- Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
- Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Subpoena: A command to a witness to appear and give testimony.
| (a) |
a written report to the executive director that includes:
| (i) |
the advisory opinions made under Subsection 26B-1-505(6); and |
| (ii) |
any recommendations regarding action that should be taken in relation to an employee of the department or a person who contracts with the department; |
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| (b) |
a copy of the report described in Subsection (1)(a) to:
| (i) |
the director, or the director’s designee, of the office or division to which the near fatality or the death relates; and |
| (ii) |
the regional director, or the regional director’s designee, of the region to which the near fatality or the death relates; and |
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| (c) |
a copy of the report described in Subsection (1)(a), with only identifying information redacted, to the Office of Legislative Research and General Counsel. |
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| (2) |
Within 20 days after the day on which the director described in Subsection (1)(b)(i) receives a copy of the report described in Subsection (1)(a), the director shall provide a written response to the director of the Division of Continuous Quality and Improvement and a copy of the response, with only identifying information redacted, to the Office of Legislative Research and General Counsel, if the report:
| (a) |
indicates that a law, rule, policy, or procedure was not complied with; |
| (b) |
indicates that the near fatality or the death was not responded to properly; |
| (c) |
recommends that a law, rule, policy, or procedure be changed; or |
| (d) |
indicates that additional training is needed. |
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| (3) |
The response described in Subsection (2) shall include a plan of action to implement any recommended improvements within the office or division. |
| (4) |
Within 30 days after the day on which the executive director receives the response described in Subsection (2), the executive director, or the executive director’s designee shall:
| (a) |
review the plan of action described in Subsection (3); |
| (b) |
make any written response that the executive director or the executive director’s designee determines is necessary; |
| (c) |
provide a copy of the written response described in Subsection (4)(b), with only identifying information redacted, to the Office of Legislative Research and General Counsel; and |
| (d) |
provide an unredacted copy of the response described in Subsection (4)(b) to the director of the Division of Continuous Quality and Improvement. |
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| (5) |
A report described in Subsection (1) and each response described in this section is a protected record. |
| (6) |
| (a) |
As used in this Subsection (6), “fatality review document” means any document created in connection with, or as a result of, a formal review of a near fatality or a death, or a decision whether to conduct a formal review of a near fatality or a death, including:
| (i) |
a report described in Subsection (1); |
| (ii) |
a response described in this section; |
| (iii) |
a recommendation regarding whether a formal review should be conducted; |
| (iv) |
a decision to conduct a formal review; |
| (v) |
notes of a person who participates in a formal review; |
| (vi) |
notes of a person who reviews a formal review report; |
| (vii) |
minutes of a formal review; |
| (viii) |
minutes of a meeting where a formal review report is reviewed; and |
| (ix) |
minutes of, documents received in relation to, and documents generated in relation to, the portion of a meeting of the Health and Human Services Interim Committee or the Child Welfare Legislative Oversight Panel that a formal review report or a document described in this Subsection (6)(a) is reviewed or discussed. |
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| (b) |
A fatality review document is not subject to discovery, subpoena, or similar compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual or organization with lawful access to the data be compelled to testify with regard to a report described in Subsection (1) or a response described in this section. |
| (c) |
The following are not admissible as evidence in a civil, judicial, or administrative proceeding:
| (i) |
a fatality review document; and |
| (ii) |
an executive summary described in Subsection 26B-1-507(4). |
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Renumbered and Amended by Chapter 305, 2023 General Session
