Utah Code § 26B-1-501 Definitions.
26B-1-501. Definitions.
As used in this part:
(1) "Abuse" means the same as that term is defined in Section 80-1-102.
(2) "Child" means the same as that term is defined in Section 80-1-102.
(3) "Committee" means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504.
(4) "Dependency" means the same as that term is defined in Section 80-1-102.
(5) "Formal review" means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(5).
(6) "Near fatality" means alleged abuse or neglect that, as certified by a physician or physician assistant, places a child in serious or critical condition.
(7) "Neglect" means the same as that term is defined in Section 80-1-102.
(8) "Qualified individual" means an individual who:
(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;
(b)
(i) is in the custody of the department or a division of the department; and
(ii) is placed in a residential placement by the department or a division of the department;
(c) at the time that the individual dies, has an open case for the receipt of child welfare services, including:
(i) an investigation for abuse, neglect, or dependency;
(ii) foster care;
(iii) in-home services; or
(iv) substitute care;
(d) had an open case for the receipt of child welfare services within one year before the day on which the individual dies;
(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:
(i) the department or a division of the department is aware of the death; and
(ii) the death is reported as a homicide, suicide, or an undetermined cause;
(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;
(g) dies within 60 days after the day on which the individual is discharged from the Utah State Hospital or the Utah State Developmental Center, if the department is aware of the death;
(h) is a child who:
(i) suffers a near fatality; and
(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:
(A) an investigation for abuse, neglect, or dependency;
(B) foster care;
(C) in-home services; or
(D) substitute care; or
(i) is designated as a qualified individual by the executive director.
(9) "Substitute care" means the same as that term is defined in Section 80-1-102.
Amended by Chapter 145, 2026 General Session