(1) Within 20 days after the day on which the committee proceedings described in Section 26B-1-505 end, the committee shall submit:

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

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(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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • 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.
     (1)(a) a written report to the executive director that includes:

          (1)(a)(i) the advisory opinions made under Subsection 26B-1-505(6); and
          (1)(a)(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; and
     (1)(b) a copy of the report described in Subsection (1)(a) to:

          (1)(b)(i) the director, or the director’s designee, of the office or division to which the near fatality or the death relates; and
          (1)(b)(ii) the regional director, or the regional director’s designee, of the region to which the near fatality or the death relates.
(2) Within 60 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 department shall provide a written response, with only identifying information redacted, to the Office of Legislative Research and General Counsel, if the report:

     (2)(a) indicates that a law, rule, policy, or procedure was not complied with;
     (2)(b) indicates that the near fatality or the death was not responded to properly;
     (2)(c) recommends that a law, rule, policy, or procedure be changed; or
     (2)(d) indicates that additional training is needed.
(3) The response described in Subsection (2) shall include:

     (3)(a) a plan of action to implement any recommended improvements within the department; and
     (3)(b) the approval of the executive director or the executive director’s designee for the plan described in Subsection (3)(a).
(4) A report described in Subsection (1) and the response described in Subsection (2) is a protected record.
(5)

     (5)(a) As used in this Subsection (5), “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:

          (5)(a)(i) a report described in Subsection (1);
          (5)(a)(ii) a response described in Subsection (2);
          (5)(a)(iii) a recommendation regarding whether a formal review should be conducted;
          (5)(a)(iv) a decision to conduct a formal review;
          (5)(a)(v) notes of a person who participates in a formal review;
          (5)(a)(vi) notes of a person who reviews a formal review report;
          (5)(a)(vii) minutes of a formal review;
          (5)(a)(viii) minutes of a meeting where a formal review report is reviewed; and
          (5)(a)(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 (5)(a) is reviewed or discussed.
     (5)(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 Subsection (2).
     (5)(c) The following are not admissible as evidence in a civil, judicial, or administrative proceeding:

          (5)(c)(i) a fatality review document; and
          (5)(c)(ii) an executive summary described in Subsection 26B-1-507(4).
  Previous section
Next section  
 Part 5 Contents