2013 Indiana Code TITLE 16. HEALTH ARTICLE 49. CHILD FATALITY REVIEWS CHAPTER 3. LOCAL CHILD FATALITY REVIEW TEAMS
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IC 16-49-3
Chapter 3. Local Child Fatality Review Teams
IC 16-49-3-1
Meetings; chairperson
Sec. 1. (a) The local child fatality review team shall meet for the
first meeting of the local child fatality review team at the call of a
prosecuting attorney or prosecuting attorney's representative.
(b) The members of a local child fatality review team shall elect
a member to serve as the chairperson at the first meeting.
(c) The members of the local child fatality review team shall meet
at the call of the chairperson for all meetings after the first meeting.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-2
Requirements for members; individuals attending meeting;
confidentiality statement requirements; vacancy on team
Sec. 2. (a) After an individual becomes a member of a local child
fatality review team and before the member participates in a review
of a child fatality, the member shall:
(1) sign a confidentiality statement prepared by the state child
fatality review coordinator under IC 16-49-5-2;
(2) review the purpose and goal of the local child fatality review
team; and
(3) review the data collection form developed by the state child
fatality review coordinator under IC 16-49-5-2.
(b) Any individuals who are invited by the chairperson to attend
a meeting of a local child fatality review team shall sign a
confidentiality statement prepared by the state child fatality review
coordinator under IC 16-49-5-2.
(c) A local child fatality review team may:
(1) appoint additional members to the local child fatality review
team as provided in IC 16-49-2-5; and
(2) if there is a vacancy on the local child fatality review team,
appoint an individual to fill the vacancy.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-3
Review; records and information; not subject to subpoena or
discovery or admissible as evidence
Sec. 3. (a) A local child fatality review team shall review the
death of a child that occurred in the area served by the local child
fatality review team if:
(1) the death of the child is:
(A) sudden;
(B) unexpected;
(C) unexplained; or
(D) assessed by the department of child services for alleged
abuse or neglect that resulted in the death of the child; or
(2) the coroner in the area served by the local child fatality
review team determines that the cause of the death of the child
is:
(A) undetermined; or
(B) the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a), the
local child fatality review team may review all applicable records
and information related to the death of the child, including the
following:
(1) Records held by the:
(A) local or state health department; and
(B) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(c) Except as otherwise provided under this article, information
and records acquired by the local child fatality review team in the
exercise of its duties under this chapter are confidential and exempt
from disclosure.
(d) Records, information, documents, and reports acquired or
produced by a local child fatality review team are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is
otherwise discoverable or admissible from original sources is not
immune from discovery or use in any proceeding merely because the
information was presented during proceedings before a local child
fatality review team.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-4
Review death certificate
Sec. 4. The local child fatality review team shall review the death
certificate of a child received from a local health officer to determine
if the local child fatality review team is required to review the death
of the child as required under section 3 of this chapter.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-5
Records from hospitals, physicians, coroners, law enforcement
officers, or mental health professionals; immunity from liability
Sec. 5. (a) Subject to IC 34-30-15, if the local child fatality review
team requests records from a hospital, physician, coroner, law
enforcement officer, or mental health professional regarding a death
that the local child fatality review team is reviewing, the hospital,
physician, coroner, law enforcement officer, or mental health
professional shall provide the requested records to the local child
fatality review team.
(b) A person who provides records in accordance with subsection
(a) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of such disclosure.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-6
Review of death; requirements
Sec. 6. In reviewing the death of a child under this chapter, the
local child fatality review team shall:
(1) identify the factors that surrounded or contributed to the
death of the child;
(2) determine whether similar deaths could be prevented in the
future;
(3) if applicable, identify:
(A) agencies and entities that should be involved; and
(B) any other resources that should be used;
to adequately prevent future deaths of children; and
(4) if applicable, identify solutions to improve practice and
policy and enhance coordination.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-7
Prepare and release report; identifying information excluded;
review data confidential; joint report
Sec. 7. (a) A local child fatality review team shall prepare and
release a report that may include the following information:
(1) A summary of the data collected regarding the reviews
conducted by the local child fatality review team.
(2) Actions recommend by the local child fatality review team
to prevent injuries to children and child deaths in the area
served by the local child fatality review team.
(3) Solutions proposed for system inadequacies.
(b) A report released under this section may not contain
identifying information relating to the fatalities reviewed by the local
child fatality review team.
(c) Except as otherwise provided in this article, review data
concerning a child fatality is confidential and may not be released.
(d) A local child fatality review team may prepare and release a
joint report for the report required by subsection (a) with another
child fatality review team if the local child fatality review team
reviewed fewer than two (2) child fatalities in the previous calendar
year.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-8
Meetings open; executive sessions; confidentiality statements
Sec. 8. (a) Except as provided in subsection (b), meetings of a
local child fatality review team are open to the public.
(b) Meetings of a local child fatality review team that involve
confidential records or identifying information regarding the death
of a child that is confidential under state or federal law must be held
as executive sessions.
(c) If an executive session is held under subsection (b), each
invitee who:
(1) attends a meeting of the local child fatality review team; and
(2) is not a member of the local child fatality review team;
shall sign a confidentiality statement prepared by the state child
fatality review coordinator under IC 16-49-5-2. The chairperson of
the local child fatality review team shall keep all confidentiality
statements signed under this subsection.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-9
Discussion of confidential matters; applicable laws; immunity from
liability
Sec. 9. Members of a local child fatality review team and
individuals who attend a meeting of a local child fatality review team
as invitees of the chairperson:
(1) may discuss among themselves confidential matters that are
before the local child fatality review team;
(2) are bound by all applicable laws regarding the
confidentiality of matters reviewed by the local child fatality
review team; and
(3) except when acting:
(A) with malice;
(B) in bad faith; or
(C) with negligence;
are immune from any civil or criminal liability that might
otherwise be imposed as a result of sharing among themselves
confidential matters that are before the local child fatality
review team.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-10
Duties of chairperson
Sec. 10. The chairperson of a local child fatality review team or
the chairperson's designee shall do the following:
(1) Prepare the agenda for each meeting.
(2) Provide notices of meetings to all members of the local child
fatality review team.
(3) Maintain confidentiality forms signed in accordance with
sections 2(a)(1) and 8(c) of this chapter.
(4) Ensure all new members of the child fatality review team
and invitees sign the confidentiality forms as required under
sections 2(a)(1) and 8(c) of this chapter.
(5) Record all review data regarding the death of a child using
the data collection tools provided by the state child fatality
review coordinator and enter the information into the electronic
data collection system.
(6) Attend training on the data collection tools.
(7) Serve as a liaison between the local child fatality review
team and the:
(A) statewide child fatality review committee; and
(B) state child fatality review coordinator.
(8) Ensure compliance with section 8 of this chapter.
(9) Upon the conclusion of a review of a child fatality, destroy
all records, information, and documents obtained by the local
child fatality review team under section 5 of this chapter.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-11
Department of child services; access to data
Sec. 11. The department of child services shall have access to all
data submitted by a local child fatality review team, including access
to the electronic data collection system, to assist the department of
child services in preparing the report required under IC 31-25-2-24.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-12
Confidentiality of records
Sec. 12. A local child fatality review team is subject to the
confidentiality provisions of IC 31-33-18 applying to records held by
the local child fatality review team.
As added by P.L.119-2013, SEC.3.
IC 16-49-3-13
Discussions, determinations, conclusions, and recommendations
privileged; not subject to subpoena or discovery or admissible as
evidence
Sec. 13. The discussions, determinations, conclusions, and
recommendations of a local child fatality review team, or its
members, concerning a review of a child fatality at a meeting of the
local child fatality review team:
(1) are privileged; and
(2) are not:
(A) subject to subpoena or discovery; or
(B) admissible as evidence;
in any judicial or administrative proceeding.
As added by P.L.119-2013, SEC.3.
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