2013 Indiana Code TITLE 16. HEALTH ARTICLE 49. CHILD FATALITY REVIEWS CHAPTER 4. STATEWIDE CHILD FATALITY REVIEW COMMITTEE
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IC 16-49-4
Chapter 4. Statewide Child Fatality Review Committee
IC 16-49-4-1
Statewide child fatality review committee established
Sec. 1. The statewide child fatality review committee is
established to:
(1) identify similarities, trends, and factual patterns concerning
the deaths of children in Indiana;
(2) create strategies and make recommendations for the
prevention of injuries to and deaths of children;
(3) provide expertise, consultation, guidance, and training to
local child fatality review teams; and
(4) advise and educate the legislature, governor, and public on
the status of child fatalities in Indiana.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-2
Committee members
Sec. 2. The statewide child fatality review committee consists of
the following members appointed by the governor:
(1) A coroner or deputy coroner.
(2) A representative from the state department who:
(A) is a licensed physician; and
(B) specializes in injury prevention.
(3) A representative of a:
(A) local health department established under IC 16-20-2; or
(B) multiple county health department established under
IC 16-20-3.
(4) A pediatrician.
(5) A representative of law enforcement who has experience in
investigating child deaths.
(6) A representative from an emergency medical services
provider.
(7) The director or a representative of the department of child
services.
(8) A representative of a prosecuting attorney who has
experience in prosecuting child abuse.
(9) A pathologist who is:
(A) certified by the American Board of Pathology in forensic
pathology; and
(B) licensed to practice medicine in Indiana.
(10) A mental health provider.
(11) A representative of a child abuse prevention program.
(12) A representative of the department of education.
(13) An epidemiologist.
(14) The state child fatality review coordinator.
(15) At the discretion of the department of child services
ombudsman, a representative of the office of the department of
child services ombudsman established by IC 4-13-19-3.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-3
Confidentiality statements
Sec. 3. All members of the statewide child fatality review
committee and any individuals invited to attend a meeting of the
statewide child fatality review committee shall sign a confidentiality
statement prepared by the state child fatality review coordinator.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-4
Duties of committee
Sec. 4. The statewide child fatality review committee shall do the
following:
(1) Compile and analyze data recorded by local child fatality
review teams in reviewing child fatalities.
(2) Review child mortality records and examine all other
records relevant to child fatalities in Indiana.
(3) Assist efforts by local child fatality review teams by:
(A) overseeing the creation of standardized forms and
protocols necessary for the review of child deaths;
(B) providing expertise by answering questions related to a
child's death that a local child fatality review team is
reviewing;
(C) establishing and sponsoring training programs for
members of local child fatality review teams; and
(D) providing, upon request of a local child fatality review
team, expertise in creating local prevention strategies.
(4) Upon request by a local child fatality review team or the
department of child services ombudsman established by
IC 4-13-19-3, assist in or conduct a review of the death of a
child as provided under section 5 of this chapter.
(5) Create strategies and make recommendations for the safety
of children and prevention of serious injuries or deaths of
children.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-5
Assisting local child fatality review team; records from hospitals,
physicians, coroners, law enforcement officers, or mental health
professionals; immunity from liability; confidential; not subject to
subpoena or discovery or admissible as evidence
Sec. 5. (a) Upon request by a local child fatality review team or
the department of child services ombudsman established by
IC 4-13-19-3, the statewide child fatality review committee shall
assist a local child fatality review team or conduct a review of the
death of a child that occurred in Indiana 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 in which the child's death occurred
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
statewide child fatality review committee 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) Subject to IC 34-30-15, if the statewide child fatality review
committee requests records from a hospital, physician, coroner, law
enforcement officer, or mental health professional regarding a death
that the statewide child fatality review committee is investigating, the
hospital, physician, coroner, law enforcement officer, or mental
health professional shall provide the requested records to the
statewide child fatality review committee.
(d) A person who provides records in accordance with subsection
(c) 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.
(e) Except as otherwise provided in this article, information and
records acquired by the statewide child fatality review committee in
the exercise of its duties under this chapter are confidential and
exempt from disclosure.
(f) Records, information, documents, and reports acquired or
produced by the statewide child fatality review committee 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 the statewide
child fatality review committee.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-6
Review of death; requirements
Sec. 6. In reviewing the death of a child under this chapter, the
statewide child fatality review committee 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 16-49-4-7
Chairperson
Sec. 7. (a) The chairperson of the statewide child fatality review
committee shall be selected by the governor.
(b) The statewide child fatality review committee shall meet at the
call of the chairperson.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-8
Duties of chairperson
Sec. 8. The chairperson of the statewide child fatality review
committee shall do the following:
(1) Work with the state child fatality review coordinator to
prepare the agenda for each meeting of the statewide child
fatality review committee.
(2) Work with the state child fatality review coordinator to:
(A) prepare the annual report of the statewide child fatality
review committee described in section 11 of this chapter;
and
(B) ensure compliance with section 9 of this chapter.
(3) Upon the conclusion of a review of a child fatality, destroy
all records, information, and documents obtained by the
statewide child fatality review committee under section 5 of this
chapter.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-9
Meetings open; executive sessions; confidentiality statements
Sec. 9. (a) Except as provided in subsection (b), meetings of the
statewide child fatality review committee are open to the public.
(b) A meeting of the statewide child fatality review committee
that involves:
(1) confidential records; or
(2) identifying information regarding the death of a child that is
confidential under state or federal law;
shall be held as an executive session.
(c) If a meeting is held as an executive session under subsection
(b), each invitee who:
(1) attends the meeting; and
(2) is not a member of the statewide child fatality review
committee;
shall sign a confidentiality statement prepared by the state child
fatality review coordinator.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-10
Discussion of confidential matters; applicable laws; immunity from
liability
Sec. 10. Members of the statewide child fatality review committee
and individuals who attend a meeting of the statewide child fatality
review committee as invitees of the chairperson:
(1) may discuss among themselves confidential matters that are
before the statewide child fatality review committee;
(2) are bound by all applicable laws regarding the
confidentiality of matters reviewed by the statewide child
fatality review committee; and
(3) except when acting:
(A) with malice;
(B) in bad faith; or
(C) with gross negligence;
are immune from any civil or criminal liability that might
otherwise be imposed as a result of communicating among
themselves about confidential matters that are before the
statewide child fatality review committee.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-11
Report; availability
Sec. 11. (a) The statewide child fatality review committee shall
submit to the legislative council, governor, department of child
services, state department, and commission on improving the status
of children in Indiana on or before December 31 of each year a report
that includes the following information:
(1) A summary of the data collected and reviewed by the
statewide child fatality review committee in the previous
calendar year.
(2) Trends and patterns that have been identified by the
statewide child fatality review committee concerning deaths of
children in Indiana.
(3) Recommended actions or resources to prevent future child
fatalities in Indiana.
A report submitted under this section to the legislative council must
be in an electronic format under IC 5-14-6.
(b) The statewide child fatality review committee shall provide a
copy of a report submitted under this section to a member of the
public upon request.
(c) The state department shall make the report available on the
state department's Internet web site.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-12
Report; identifying information excluded; review data confidential
Sec. 12. (a) A report released under this section 11 of this chapter
may not contain identifying information relating to the fatalities
reviewed by the statewide child fatality review committee or any
local child fatality review team.
(b) Except as otherwise provided in this article, review data
concerning a child fatality are confidential and may not be released.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-13
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 the statewide child fatality review committee or
its members, concerning a review of a child fatality, at a meeting of
the statewide child fatality review committee:
(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.
IC 16-49-4-14
Not entitled to compensation or per diem; entitled to mileage
Sec. 14. A member of the statewide child fatality review
committee is not entitled to receive compensation or per diem but is
entitled to receive mileage on the days on which the member is
engaged in the business of the statewide child fatality review
committee.
As added by P.L.119-2013, SEC.3.
IC 16-49-4-15
Confidentiality of records
Sec. 15. The statewide child fatality review committee is subject
to the confidentiality provisions of IC 31-33-18 applying to records
held by the statewide child fatality review committee.
As added by P.L.119-2013, SEC.3.
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