36-3503

36-3503. Access to information;
confidentiality; violation; classification

A. Upon request of the chairperson of a state or local team and as necessary to
carry out the team's duties, the chairperson shall be provided within five days excluding
weekends and holidays with access to information and records regarding a child whose
death is being reviewed by the team, or information and records regarding the child's
family:

1. From a provider of medical, dental or mental health care.

2. From this state or a political subdivision of this state that might assist a
team to review a child fatality.

B. A law enforcement agency with the approval of the prosecuting attorney may
withhold investigative records that might interfere with a pending criminal investigation
or prosecution.

C. The director of the department of health services or his designee may apply to
the superior court for a subpoena as necessary to compel the production of books,
records, documents and other evidence related to a child fatality
investigation. Subpoenas so issued shall be served and, upon application to the court by
the director or his designee, enforced in the manner provided by law for the service and
enforcement of subpoenas. A law enforcement agency shall not be required to produce the
information requested under the subpoena if the subpoenaed evidence relates to a pending
criminal investigation or prosecution. All records shall be returned to the agency or
organization on completion of the review. No written reports or records containing
identifying information shall be kept by the team.

D. All information and records acquired by the state team or any local team are
confidential and not subject to subpoena, discovery or introduction into evidence in any
civil or criminal proceedings, except that information, documents and records otherwise
available from other sources are not immune from subpoena, discovery or introduction into
evidence through those sources solely because they were presented to or reviewed by a
team.

E. Members of a team, persons attending a team meeting, and persons who present
information to a team may not be questioned in any civil or criminal proceedings
regarding information presented in or opinions formed as a result of a meeting. Nothing
in this subsection shall be construed to prevent a person from testifying to information
obtained independently of the team or which is public information.

F. A member of the state or a local child fatality review team shall not contact,
interview or obtain information by request or subpoena from a member of a deceased
child's family, except that a member of the state or a local child fatality review team
who is otherwise a public officer or employee may contact, interview or obtain
information from a family member, if necessary, as part of the public officer's or
employee's other official duties.

G. State and local team meetings are closed to the public and are not subject to
title 38, chapter 3, article 3.1 if the team is reviewing individual child fatality
cases. All other team meetings are open to the public.

H. A person who violates the confidentiality provisions of this section is guilty
of a class 2 misdemeanor.