Title 62A Chapter 16 Section 302

Utah Human Services Code
Fatality Review Act
Section 302
Reporting to, and review by, legislative committees.

            

62A-16-302.   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 62A-16-301(1)(b), and the responses described in Subsections 62A-16-301(2) and (4)(c) to the chairs of:

            (a) the Health and Human Services Interim Committee; or

            (b) if the individual who is the subject of the report was, at the time of death, a person described in Subsection 62A-16-102(2)(c) or (d), 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 62A-16-301(1)(b).

            (b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a report described in Subsection (1)(b).

            (3) (a) Neither the Health and Human Services Interim Committee nor the Child Welfare Legislative Oversight Panel may 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 fatality review reports for the preceding state fiscal 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 62A-16-204(6);

            (ii) all changes made, or in the process of being made, to a law, rule, policy, or procedure in response to a fatality review that occurred during the preceding fiscal year;

            (iii) a description of the training that has been completed in response to a fatality review that occurred during the preceding fiscal year;

            (iv) statistics for the preceding fiscal year regarding:

            (A) the number and type of fatalities of qualified individuals that are known to the department;

            (B) the number of formal fatality reviews conducted;

            (C) the categories, described in Subsection 62A-16-102(2) of qualified individuals who died;

            (D) the gender, age, race, and other significant categories of qualified individuals who died; and

            (E) the number of fatalities of qualified individuals known to the department that are identified as suicides; and

            (v) action taken by the Office of Licensing and the Bureau of Internal Review and Audits in response to the fatality 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, 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 near fatality.


Amended by Chapter 343, 2011 General Session