Terms Used In Utah Code > Title 26B > Chapter 1 > Part 5 - Fatality Review

• Abuse: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
• Broken or defective: means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported. See Utah Code 56-2-1
• Child: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Committee: means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. See Utah Code 26B-1-501
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dependency: means the same as that term is defined in Section 80-1-102. 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
• 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(5). See Utah Code 26B-1-501
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Local yard service: means the movement of any car, coach, locomotive or other rolling stock in the railroad yards of any railroad company and between the railroad yards of one or more railroad companies where the distance does not exceed eight miles. See Utah Code 56-2-1
• 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
• Neglect: means the same as that term is defined in Section 80-1-102. 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
• Property: includes both real and personal property. 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
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Substitute care: means the same as that term is defined in Section 80-1-102. See Utah Code 26B-1-501
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5