26B-1-507. Reporting to, and review by, legislative committees.
(1)
The Office of Legislative Research and General Counsel shall provide a copy of the report described in Subsection 26B-1-506(1)(c), and the responses described in Subsections 26B-1-506(2) and (4)(c) to the chairs of:
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
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.
Process: means a writ or summons issued in the course of a judicial proceeding. See 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
(a)
the Health and Human Services Interim Committee; or
(b)
if the qualified individual who is the subject of the report is an individual described in Subsection 26B-1-501(7)(c), (d), or (h), the Child Welfare Legislative Oversight Panel.
(2)
(a)
The Health and Human Services Interim Committee may, in a closed meeting, review a report described in Subsection 26B-1-506(1)(b).
(b)
The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a report described in Subsection (1)(b).
(3)
(a)
The Health and Human Services Interim Committee and the Child Welfare Legislative Oversight Panel may not interfere with, or make recommendations regarding, the resolution of a particular case.
(b)
The purpose of a review described in Subsection (2) is to assist a committee or panel described in Subsection (2) in determining whether to recommend a change in the law.
(c)
Any recommendation, described in Subsection (3)(b), by a committee or panel for a change in the law shall be made in an open meeting.
(4)
(a)
On or before September 1 of each year, the department shall provide an executive summary of all formal review reports for the preceding statefiscal year to the Office of Legislative Research and General Counsel.
(b)
The Office of Legislative Research and General Counsel shall forward a copy of the executive summary described in Subsection (4)(a) to:
(i)
the Health and Human Services Interim Committee; and
(ii)
the Child Welfare Legislative Oversight Panel.
(5)
The executive summary described in Subsection (4):
(a)
may not include any names or identifying information;
(b)
shall include:
(i)
all recommendations regarding changes to the law that were made during the preceding fiscal year under Subsection 26B-1-505(6);
(ii)
all changes made, or in the process of being made, to a law, rule, policy, or procedure in response to a formal review that occurred during the preceding fiscal year;
(iii)
a description of the training that has been completed in response to a formal review that occurred during the preceding fiscal year;
(iv)
statistics for the preceding fiscal year regarding:
(A)
the number of qualified individuals and the type of deaths and near fatalities that are known to the department;
(B)
the number of formal reviews conducted;
(C)
the categories described in Subsection 26B-1-501(7) of qualified individuals;
(D)
the gender, age, race, and other significant categories of qualified individuals; and
(E)
the number of fatalities of qualified individuals known to the department that are identified as suicides; and
(v)
action taken by the Division of Licensing and Background Checks and the Bureau of Internal Review and Audits in response to the near fatality or the death of a qualified individual; and
(c)
is a public document.
(6)
The Division of Child and Family Services shall, to the extent required by the federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended, allow public disclosure of the findings or information relating to a case of child abuse or neglect that results in a child fatality or a near fatality.
Renumbered and Amended by Chapter 305, 2023 General Session
