§321-345 - Use of child death review information and records.
[§321-345] Use of child death review
information and records. (a) Except as otherwise provided in this part,
all child death review information acquired by the department during its review
of child deaths pursuant to this part, is confidential and may only be
disclosed as necessary to carry out the purposes of this part.
(b) Child death review information and
statistical compilations of data that do not contain any information that would
permit the identification of any person shall be public records.
(c) No individual participating in the
department's multidisciplinary and multiagency review of a child's death may be
questioned in any civil or criminal proceeding regarding information presented
in or opinions formed as a result of a child death review meeting. Nothing in
this subsection shall be construed to prevent a person from testifying to
information obtained independently of the department's multidisciplinary and
multiagency review of a child's death, or which is public information, or where
disclosure is required by law or court order.
(d) Child death review information held by the
department as a result of child death reviews conducted under this part are not
subject to subpoena, discovery, or introduction into evidence in any civil or
criminal proceeding, except that child death review information otherwise
available from other sources is not immune from subpoena, discovery, or
introduction into evidence through those sources solely because they were
provided as required by this part. [L 1997, c 369, pt of §1]