CHAPTER 25. STATEWIDE CHILD FATALITY REVIEW COMMITTEE
IC 31-33-25
Chapter 25. Statewide Child Fatality Review Committee
IC 31-33-25-1
"Child"
Sec. 1. As used in this chapter, "child" means an individual lessthan eighteen (18) years of age.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-2
"Emergency medical services"
Sec. 2. As used in this chapter, "emergency medical services"means emergency ambulance services or other services, includingextrication and rescue services, provided to an individual in need ofimmediate medical care in order to prevent loss of life or aggravationof physiological or psychological illness or injury.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-3
"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 IC 31-33-24.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-4
"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.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-5
"Statewide child fatality review committee"
Sec. 5. As used in this chapter, "statewide child fatality reviewcommittee" refers to the statewide child fatality review committeeestablished by section 6 of this chapter.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-6
Purpose
Sec. 6. (a) The statewide child fatality review committee isestablished to review a child's death that is: (1) sudden;
(2) unexpected; or
(3) unexplained;
if the county where the child died does not have a local child fatalityreview team or if the local child fatality review team requests areview of the child's death by the statewide committee.
(b) The statewide child fatality review committee may also reviewthe death of a child upon request by an individual or the departmentof child services ombudsman established by IC 4-13-19-3.
(c) A request submitted under subsection (b) must set forth:
(1) the name of the child;
(2) the age of the child;
(3) the county where the child died;
(4) whether a local child fatality review team reviewed thedeath; and
(5) the cause of death of the deceased child.
As added by P.L.145-2006, SEC.288. Amended by P.L.182-2009(ss),SEC.381.
IC 31-33-25-7
Child fatality review determinations; review of all records; requestof records
Sec. 7. (a) A child fatality review conducted by the statewidechild fatality review committee under this chapter must consist ofdetermining:
(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 statewide child fatality review committee shall review everyrecord concerning the deceased child that is held by:
(1) the department of child services; or
(2) a local child fatality review team.
(c) If the statewide child fatality review committee requestsrecords from a hospital, physician, coroner, or mental healthprofessional regarding a death that the statewide child fatality reviewcommittee is investigating, the hospital, physician, coroner, or mentalhealth professional shall provide the requested records, subject toIC 34-30-15, to the statewide child fatality review committee.
As added by P.L.145-2006, SEC.288. Amended by P.L.225-2007,SEC.7.
IC 31-33-25-8
Team members
Sec. 8. The statewide child fatality review committee consists ofthe following members appointed by the governor:
(1) a coroner or deputy coroner;
(2) a representative from:
(A) the state department of health established byIC 16-19-1-1; (B) a local health department established under IC 16-20-2;or
(C) a multiple county health department established underIC 16-20-3;
(3) a pediatrician;
(4) a representative of law enforcement;
(5) a representative from an emergency medical servicesprovider;
(6) the director or a representative of the department;
(7) a representative of a prosecuting attorney;
(8) a pathologist who is:
(A) certified by the American Board of Pathology in forensicpathology; and
(B) licensed to practice medicine in Indiana;
(9) a mental health provider;
(10) a representative of a child abuse prevention program;
(11) a representative of the department of education; and
(12) at the discretion of the department of child servicesombudsman, a representative of the department of childservices ombudsman established by IC 4-13-19-3.
As added by P.L.145-2006, SEC.288. Amended by P.L.225-2007,SEC.8; P.L.182-2009(ss), SEC.382.
IC 31-33-25-9
Chairperson
Sec. 9. (a) The chairperson of the statewide child fatality reviewcommittee shall be selected by the governor.
(b) The statewide child fatality review committee shall meet at thecall of the chairperson.
(c) The statewide child fatality review committee chairpersonshall determine the agenda for each meeting.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-10
Meetings open; exceptions
Sec. 10. (a) Except as provided in subsection (b), meetings of thestatewide child fatality review committee are open to the public.
(b) Except as provided in subsection (d), a meeting of thestatewide child fatality review committee that involves:
(1) confidential records; or
(2) identifying information regarding the death of a child that isconfidential 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 individual who:
(1) attends the meeting; and
(2) is not a member of the statewide child fatality reviewcommittee;
shall sign a confidentiality statement prepared by the department.The statewide child fatality review committee shall keep all
confidentiality statements signed under this subsection.
(d) A majority of the members of the statewide child fatalityreview committee may vote to disclose any report or part of a reportregarding a fatality review to the public if the information is in thegeneral public interest as determined by the statewide child fatalityreview committee.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-11
Confidentiality; immunity
Sec. 11. Members of the statewide child fatality review committeeand individuals who attend a meeting of the statewide child fatalityreview committee as an invitee of the chairperson:
(1) may discuss among themselves confidential matters that arebefore the statewide child fatality review committee;
(2) are bound by all applicable laws regarding theconfidentiality of matters reviewed by the statewide childfatality 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 mightotherwise be imposed as a result of communicating amongthemselves about confidential matters that are before thestatewide child fatality review committee.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-12
Training
Sec. 12. The department shall provide training to the statewidechild fatality review committee.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-13
Data collection and sharing
Sec. 13. (a) The department shall collect and documentinformation surrounding the deaths of children reviewed by thestatewide child fatality review committee. The department shalldevelop a data collection 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 establishedunder IC 31-33-3;
(2) the appropriate: (A) local health department established under IC 16-20-2; or
(B) 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.288. Amended by P.L.225-2007,SEC.9.
IC 31-33-25-14
Affirmative votes of voting members required for action
Sec. 14. The affirmative votes of the voting members of amajority of the statewide child fatality review committee are requiredfor the committee to take action on any measure.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-15
Expenses
Sec. 15. The expenses of the statewide child fatality reviewcommittee shall be paid from funds appropriated to the department.
As added by P.L.145-2006, SEC.288.
IC 31-33-25-16
Testimony
Sec. 16. The testimony of a member of the statewide child fatalityreview committee is not admissible as evidence concerning aninvestigation by the statewide child fatality review committee.
As added by P.L.145-2006, SEC.288.