2012 Indiana Code
TITLE 31. FAMILY LAW AND JUVENILE LAW
ARTICLE 33. JUVENILE LAW: REPORTING AND INVESTIGATION OF CHILD ABUSE AND NEGLECT
CHAPTER 24. CHILD FATALITY REVIEW TEAMS

IC 31-33-24
Chapter 24. Child Fatality Review Teams

IC 31-33-24-1
"Child"
Sec. 1. As used in this chapter, "child" means an individual less than eighteen (18) years of age.
As added by P.L.145-2006, SEC.287. Amended by P.L.48-2012, SEC.42.

IC 31-33-24-2
"Emergency medical services"
Sec. 2. As used in this chapter, "emergency medical services" means the provision of emergency ambulance services or other services, including extrication and rescue services, utilized in serving an individual's need for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.
As added by P.L.145-2006, SEC.287.

IC 31-33-24-3
"Local child fatality review team"
Sec. 3. As used in this chapter, "local child fatality review team" refers to a regional child fatality review team established under this chapter.
As added by P.L.145-2006, SEC.287. Amended by P.L.48-2012, SEC.43.

IC 31-33-24-4
"Mental health provider"
Sec. 4. As used in this chapter, "mental health provider" means any of the following:
(1) A registered nurse or licensed practical nurse licensed under IC 25-23.
(2) A clinical social worker licensed under IC 25-23.6-5.
(3) A marriage and family therapist licensed under IC 25-23.6-8.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of education.
(6) An individual who claims to be a mental health provider.
As added by P.L.145-2006, SEC.287.

IC 31-33-24-5
"Statewide child fatality review"
Sec. 5. As used in this chapter, "statewide child fatality review committee" refers to the statewide child fatality review committee established by IC 31-33-25-6.
As added by P.L.145-2006, SEC.287.
IC 31-33-24-5.5
Geographic regions
Sec. 5.5. (a) The department shall establish geographic regions for purposes of this chapter.
(b) The regions under subsection (a) may consist of one (1) or more counties.
(c) If the department has established regions to carry out other duties of the department, the regions that the department establishes under subsection (a) must be the same regions the department has established to carry out the department's other duties.
As added by P.L.48-2012, SEC.44.

IC 31-33-24-6
Establishment of child fatality review teams; record review; purpose
Sec. 6. (a) The department shall establish a local child fatality review team in each region. The local child fatality review team shall review the death of a child that occurred in the region and is:
(1) sudden;
(2) unexpected;
(3) unexplained;
(4) assessed by the department for alleged abuse or neglect that resulted in the fatality; or
(5) determined by a coroner in the region served by the local child fatality review team to be the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a), the local child fatality review team shall review every record concerning the deceased child that is held by:
(1) the department; or
(2) the local child fatality review team.
(c) 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 investigating, the hospital, physician, coroner, law enforcement officer, or mental health professional shall provide the requested records to the local child fatality review team.
As added by P.L.145-2006, SEC.287. Amended by P.L.48-2012, SEC.45.

IC 31-33-24-7
Child fatality review
Sec. 7. A child fatality review consists of a child fatality review team reviewing and discussing the individual circumstances leading to or involved with the fatality.
As added by P.L.145-2006, SEC.287. Amended by P.L.225-2007, SEC.4; P.L.48-2012, SEC.46.

IC 31-33-24-8
Statewide child fatality review committee may review a death upon

request of a local child fatality review team
Sec. 8. A local child fatality review team may request that the statewide child fatality review committee make a fatality review of a child from the area served by the local child fatality review team if a majority of the members of a local child fatality review team vote to make the request.
As added by P.L.145-2006, SEC.287.

IC 31-33-24-9
Team members; submission of names of potential members; appointment of members
Sec. 9. (a) A local child fatality review team consists of the following members:
(1) A coroner or deputy coroner from the area served by the local child fatality review team.
(2) A representative from:
(A) a local health department established under IC 16-20-2 or IC 16-22-8; or
(B) a multiple county health department established under IC 16-20-3;
from the area served by the local child fatality review team.
(3) A pediatrician or family practice physician residing or practicing medicine in the area served by the local child fatality review team.
(4) A representative of law enforcement from the area served by the local child fatality review team.
(5) A representative from an emergency medical services provider doing business in the area served by the local child fatality review team.
(6) A regional manager of the department from the area served by the local child fatality review team or the regional manager's designee.
(7) A representative of the prosecuting attorney from the area served by the local child fatality review team.
(8) A pathologist with forensic experience who is licensed to practice medicine in Indiana and who, if feasible, is certified by the American Board of Pathology in forensic pathology.
(9) A representative from a fire department or volunteer fire department (as defined in IC 36-8-12-2) from the area served by the local child fatality review team.
(10) A department attorney from the region served by the local child fatality review team.
(11) A mental health provider providing services in the region served by the local child fatality review team.
(12) A representative from a school district in the region served by the local child fatality review team.
(13) The prosecuting attorney from the county where the child fatality occurred, as a nonvoting member.
(b) Each local office in the region shall submit to the department at least one (1) name of an individual for each member described in

subsection (a)(1) through (a)(12) for the department's consideration.
(c) The director or the director's designee shall appoint individuals from the list or lists provided under subsection (b) to serve as members on the local child fatality review team.
As added by P.L.145-2006, SEC.287. Amended by P.L.225-2007, SEC.5; P.L.48-2012, SEC.47.

IC 31-33-24-10
Additional team members
Sec. 10. (a) A local child fatality review team may have additional members from the following categories:
(1) A representative of a hospital located in the region served by the local child fatality review team.
(2) A representative from a juvenile or probate court in the region served by the local child fatality review team.
(3) Other representatives requested to serve by the members of the local child fatality review team.
(4) A representative from the department of natural resources who lives or works in the region served by the local child fatality review team.
(5) A representative from Prevent Child Abuse Indiana (an organization for the prevention of child abuse) who lives or works in the region served by the local child fatality review team.
(6) One (1) of the following:
(A) A court appointed special advocate who provides court appointed special advocate services in the region served by the local child fatality review team.
(B) A guardian ad litem who provides guardian ad litem services in the region served by the local child fatality review team.
(b) The director or the director's designee shall appoint an additional member of a local child fatality review team in the same manner that the director or the director's designee appoints a member under section 9 of this chapter.
As added by P.L.145-2006, SEC.287. Amended by P.L.48-2012, SEC.48.

IC 31-33-24-11
Chairperson
Sec. 11. (a) The regional manager for the region served by a local child fatality review team is the chairperson of the local child fatality review team.
(b) The local child fatality review team shall meet at the call of the chairperson.
(c) The local child fatality review team chairperson shall determine the agenda for each meeting.
As added by P.L.145-2006, SEC.287. Amended by P.L.48-2012, SEC.49.
IC 31-33-24-12
Meetings
Sec. 12. (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 shall be held as executive sessions.
(c) If an executive session is held under subsection (b), each individual 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 department. The local child fatality review team shall keep all confidentiality statements signed under this subsection.
As added by P.L.145-2006, SEC.287.

IC 31-33-24-13
Training
Sec. 13. Members of a local child fatality review team and individuals who attend a meeting of a local child fatality review team as an invitee 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.145-2006, SEC.287.

IC 31-33-24-14
Documentation and data collection
Sec. 14. The department shall provide training to local child fatality review teams.
As added by P.L.145-2006, SEC.287.

IC 31-33-24-15
Data collection; annual report
Sec. 15. (a) The department shall collect and document information surrounding the deaths of children reviewed by local child fatality review teams. The department shall develop a data collection form that includes:
(1) identifying and nonidentifying information; (2) information regarding the circumstances surrounding a death;
(3) factors contributing to a death; and
(4) findings and recommendations that include the following information:
(A) Whether similar future deaths could be prevented.
(B) A list of:
(i) agencies and entities that should be involved; and
(ii) any other resources that should be used;
to adequately prevent future child deaths in the region.
(C) A regional strategy that should be implemented to prevent future child deaths.
(b) The data collection form developed under this section must be provided to the following:
(1) The appropriate community child protection team.
(2) The chairperson of the statewide child fatality review committee.
(3) The chairperson of a local child fatality review team.
(c) Each local child fatality review team shall, using the form established under this section, report to the department the findings for each fatality that the local child fatality review team reviews.
(d) The department shall annually prepare a report of all child fatalities in Indiana that are the result of child abuse or neglect. The report must include the following information:
(1) A summary of the information gathered under subsection (a) for all child abuse or neglect fatalities.
(2) Demographic information regarding victims, perpetrators, and households involved in child abuse or neglect fatalities.
(3) An analysis of the primary risk factors involved in child abuse or neglect fatalities.
(4) A summary of the most frequent causes of child abuse or neglect fatalities.
(5) A description of the manner in which the data was assembled.
The department shall post the report prepared under this subsection to the department's Internet web site.
As added by P.L.145-2006, SEC.287. Amended by P.L.225-2007, SEC.6; P.L.48-2012, SEC.50.