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 lessthan sixteen (16) years of age.
As added by P.L.145-2006, SEC.287.
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 otherservices, including extrication and rescue services, utilized in servingan individual's need for immediate medical care in order to preventloss of life or aggravation of physiological or psychological illnessor 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 county or regional child fatality review team establishedunder this chapter.
As added by P.L.145-2006, SEC.287.
IC 31-33-24-4
"Mental health provider"
Sec. 4. As used in this chapter, "mental health provider" meansany of the following:
(1) A registered nurse or licensed practical nurse licensed underIC 25-23.
(2) A clinical social worker licensed under IC 25-23.6-5.
(3) A marriage and family therapist licensed underIC 25-23.6-8.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board ofeducation.
(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 reviewcommittee" refers to the statewide child fatality review committeeestablished by IC 31-33-25-6.
As added by P.L.145-2006, SEC.287.
IC 31-33-24-6
Purpose Sec. 6. (a) A county may establish a county child fatality reviewteam to review the death of a child that is:
(1) sudden;
(2) unexpected; or
(3) unexplained.
(b) The legislative body of a county (as defined in IC 36-1-2-9)must determine by majority vote whether the county will establish alocal child fatality review team.
(c) If a county elects not to establish a county child fatality reviewteam, the county may join with one (1) or more other counties thathave not established a county child fatality review team and form aregional child fatality review team.
(d) To establish a regional child fatality review team as describedin subsection (c), the legislative body of each county comprising theregion must cast a majority of votes in favor of establishing aregional child fatality review team.
As added by P.L.145-2006, SEC.287.
IC 31-33-24-7
Child fatality review determinations; review of all records; requestof records
Sec. 7. (a) A child fatality review consists of determining:
(1) whether similar future deaths could be prevented; and
(2) agencies or resources that should be involved to adequatelyprevent future deaths of children.
(b) In conducting the child fatality review under subsection (a),the local child fatality review team shall review every recordconcerning the deceased child that is held by the department.
(c) If a local child fatality review team requests records from ahospital, physician, coroner, or mental health professional regardinga death that the local child fatality review team is investigating, thehospital, physician, coroner, or mental health professional shallprovide the requested records, subject to IC 34-30-15, to the childfatality review team.
As added by P.L.145-2006, SEC.287. Amended by P.L.225-2007,SEC.4.
IC 31-33-24-8
Statewide child fatality review committee may review a death uponrequest of a local child fatality review team
Sec. 8. A local child fatality review team may request that thestatewide child fatality review committee make a fatality review ofa child from the area served by the local child fatality review team ifa majority of the members of a local child fatality review team voteto make the request.
As added by P.L.145-2006, SEC.287.
IC 31-33-24-9
Team 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 thelocal child fatality review team.
(2) A representative from:
(A) the health and hospital corporation of Marion County asset forth in IC 16-22-8;
(B) a local health department established under IC 16-20-2;or
(C) a multiple county health department established underIC 16-20-3;
from the area served by the local child fatality review team.
(3) A physician residing or practicing medicine in the areaserved by the local child fatality review team.
(4) A representative of law enforcement from the area served bythe local child fatality review team.
(5) A representative from an emergency medical servicesprovider doing business in the area served by the local childfatality review team.
(6) A director or manager of a local or regional office of thedepartment from the area served by the local child fatalityreview team.
(7) A representative of the prosecuting attorney from the areaserved by the local child fatality review team.
(8) A pathologist with forensic experience who is licensed topractice medicine in Indiana and who, if feasible, is certified bythe American Board of Pathology in forensic pathology.
(9) A representative from a fire department or volunteer firedepartment (as defined in IC 36-8-12-2) from the area served bythe local child fatality review team.
(b) If a local child fatality review team is established in one (1)county, the legislative body that voted to establish the local childfatality review team under section 6 of this chapter shall:
(1) adopt an ordinance for the appointment and reappointmentof members of the local child fatality review team; and
(2) appoint members to the local child fatality review teamunder the ordinance adopted.
(c) If a local child fatality review team is established in a region,the county legislative bodies that voted to establish the local childfatality review team under section 6 of this chapter shall:
(1) each adopt substantially similar ordinances for theappointment and reappointment of members of the local childfatality review team; and
(2) appoint members to the local child fatality review teamunder the ordinances adopted.
As added by P.L.145-2006, SEC.287. Amended by P.L.225-2007,SEC.5.
IC 31-33-24-10
Additional team members
Sec. 10. A local child fatality review team may have additional
members from the following categories:
(1) A representative of a hospital located in the county or regionserved by the local child fatality review team.
(2) A mental health provider providing services in the county orregion served by the local child fatality review team.
(3) A representative from a juvenile or probate court in thecounty or region served by the local child fatality review team.
(4) Other representatives requested to serve by the members ofthe local child fatality review team.
As added by P.L.145-2006, SEC.287.
IC 31-33-24-11
Chairperson
Sec. 11. (a) Any member of a local child fatality review team mayserve as chairperson. The chairperson shall be elected by themembers of the local child fatality review team at the first meetingof the local child fatality review team.
(b) The local child fatality review team shall meet at the call ofthe chairperson.
(c) The local child fatality review team chairperson shalldetermine the agenda for each meeting.
As added by P.L.145-2006, SEC.287.
IC 31-33-24-12
Meetings
Sec. 12. (a) Except as provided in subsection (b), meetings of alocal child fatality review team are open to the public.
(b) Meetings of a local child fatality review team that involveconfidential records or identifying information regarding the deathof a child that is confidential under state or federal law shall be heldas executive sessions.
(c) If an executive session is held under subsection (b), eachindividual 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 confidentialitystatements 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 andindividuals who attend a meeting of a local child fatality review teamas an invitee of the chairperson:
(1) may discuss among themselves confidential matters that arebefore the local child fatality review team;
(2) are bound by all applicable laws regarding theconfidentiality of matters reviewed by the local child fatalityreview 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 mightotherwise be imposed as a result of sharing among themselvesconfidential matters that are before the local child fatalityreview 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 childfatality review teams.
As added by P.L.145-2006, SEC.287.
IC 31-33-24-15
Annual report
Sec. 15. (a) The department shall collect and documentinformation surrounding the deaths of children reviewed by localchild fatality review teams. The department shall develop a datacollection form that includes:
(1) identifying and nonidentifying information;
(2) information regarding the circumstances surrounding adeath;
(3) factors contributing to a death; and
(4) findings and recommendations.
(b) The data collection form developed under this section mustalso be provided to:
(1) the appropriate community child protection team;
(2) as appropriate:
(A) the health and hospital corporation of Marion County asset forth in IC 16-22-8;
(B) the local health department established underIC 16-20-2; or
(C) the multiple county health department established underIC 16-20-3; and
(3) the appropriate coroner and the pathologist who performedthe autopsy on the child.
As added by P.L.145-2006, SEC.287. Amended by P.L.225-2007,SEC.6.