Utah Code 26B-1-505. Fatality review committee proceedings
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(1) A majority vote of committee members present constitutes the action of the committee.
Terms Used In Utah Code 26B-1-505
- 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) 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:
(2)(a) narrative reports;
(2)(b) case files;
(2)(c) autopsy reports; and
(2)(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 monthly, 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:
(6)(a) whether the provisions of law, rule, policy, and procedure relating to the qualified individual and the individual’s family were complied with;
(6)(b) whether the near fatality or the death was responded to properly;
(6)(c) whether to recommend that a law, rule, policy, or procedure be changed; and
(6)(d) whether additional training is needed.