Utah Code 26B-1-504. Fatality review committees for a resident of the Utah State Hospital or the Utah State Developmental Center
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(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 or26B-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 (5). See Utah Code 26B-1-501 - Near fatality: means alleged abuse or neglect that, as certified by a physician or physician assistant, places a child in serious or critical condition. See Utah Code 26B-1-501
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Qualified individual: means an individual who:(7)(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;(7)(b)(7)(b)(i) is in the custody of the department or a division of the department; and(7)(b)(ii) is placed in a residential placement by the department or a division of the department;(7)(c) at the time that the individual dies, has an open case for the receipt of child welfare services, including:(7)(c)(i) an investigation for abuse, neglect, or dependency;(7)(c)(ii) foster care;(7)(c)(iii) in-home services; or(7)(c)(iv) substitute care;(7)(d) had an open case for the receipt of child welfare services within one year before the day on which the individual dies;(7)(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:(7)(e)(i) the department or a division of the department is aware of the death; and(7)(e)(ii) the death is reported as a homicide, suicide, or an undetermined cause;(7)(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;(7)(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;(7)(h) is a child who:(7)(h)(i) suffers a near fatality; and(7)(h)(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:(7)(h)(ii)(A) an investigation for abuse, neglect, or dependency;(7)(h)(ii)(B) foster care;(7)(h)(ii)(C) in-home services; or(7)(h)(ii)(D) substitute care; or(7)(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:
(2)(a) the fatality review coordinator for the facility, who shall serve as chair of the committee;
(2)(b) a member of the management staff of the facility;
(2)(c) a supervisor of a unit other than the one in which the qualified individual resided;
(2)(d) a physician;
(2)(e) a representative from the administration of the division that oversees the facility;
(2)(f) the department’s fatality review coordinator;
(2)(g) a member of the department’s risk management services; and
(2)(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:
(4)(a) was involved in, or who supervises a person who was involved in, the near fatality or the death; or
(4)(b) has a conflict with the fatality review.