§ 32.1-283.1. State Child Fatality Review Team established; membership;access to and maintenance of records; confidentiality; etc.
A. There is hereby created the State Child Fatality Review Team, hereinafterreferred to as the "Team," which shall develop and implement procedures toensure that child deaths occurring in Virginia are analyzed in a systematicway. The Team shall review (i) violent and unnatural child deaths, (ii)sudden child deaths occurring within the first 18 months of life, and (iii)those fatalities for which the cause or manner of death was not determinedwith reasonable medical certainty. No child death review shall be initiatedby the Team until conclusion of any law-enforcement investigation or criminalprosecution. The Team shall (i) develop and revise as necessary operatingprocedures for the review of child deaths, including identification of casesto be reviewed and procedures for coordination among the agencies andprofessionals involved, (ii) improve the identification, data collection, andrecord keeping of the causes of child death, (iii) recommend components forprevention and education programs, (iv) recommend training to improve theinvestigation of child deaths, and (v) provide technical assistance, uponrequest, to any local child fatality teams that may be established. Theoperating procedures for the review of child deaths shall be exempt from theAdministrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision 17 ofsubsection B of § 2.2-4002.
B. The 16-member Team shall be chaired by the Chief Medical Examiner andshall be composed of the following persons or their designees: theCommissioner of Behavioral Health and Developmental Services; the Director ofChild Protective Services within the Department of Social Services; theSuperintendent of Public Instruction; the State Registrar of Vital Records;and the Director of the Department of Criminal Justice Services. In addition,one representative from each of the following entities shall be appointed bythe Governor to serve for a term of three years: local law-enforcementagencies, local fire departments, local departments of social services, theMedical Society of Virginia, the Virginia College of Emergency Physicians,the Virginia Pediatric Society, Virginia Sudden Infant Death SyndromeAlliance, local emergency medical services personnel, Commonwealth'sattorneys, and community services boards.
C. Upon the request of the Chief Medical Examiner in his capacity as chair ofthe Team, made after the conclusion of any law-enforcement investigation orprosecution, information and records regarding a child whose death is beingreviewed by the Team may be inspected and copied by the Chief MedicalExaminer or his designee, including, but not limited to, any report of thecircumstances of the event maintained by any state or local law-enforcementagency or medical examiner, and information or records maintained on suchchild by any school, social services agency or court. Information, records orreports maintained by any Commonwealth's Attorney shall be made available forinspection and copying by the Chief Medical Examiner pursuant to procedureswhich shall be developed by the Chief Medical Examiner and the Commonwealth'sAttorneys' Services Council established by § 2.2-2617. Any presentence reportprepared pursuant to § 19.2-299 for any person convicted of a crime that ledto the death of the child shall be made available for inspection and copyingby the Chief Medical Examiner pursuant to procedures which shall be developedby the Chief Medical Examiner. In addition, the Chief Medical Examiner mayinspect and copy from any Virginia health care provider, on behalf of theTeam, (i) without obtaining consent, the health and mental health records ofthe child and those perinatal medical records of the child's mother thatrelated to such child and (ii) upon obtaining consent from each adultregarding his personal records, or from a parent regarding the records of aminor child, the health and mental health records of the child's family. Allsuch information and records shall be confidential and shall be excluded fromthe Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant tosubdivision 9 of § 2.2-3705.5. Upon the conclusion of the child death review,all information and records concerning the child and the child's family shallbe shredded or otherwise destroyed by the Chief Medical Examiner in order toensure confidentiality. Such information or records shall not be subject tosubpoena or discovery or be admissible in any criminal or civil proceeding.If available from other sources, however, such information and records shallnot be immune from subpoena, discovery or introduction into evidence whenobtained through such other sources solely because the information andrecords were presented to the Team during a child death review. Further, thefindings of the Team may be disclosed or published in statistical or otherform which shall not identify individuals. The portions of meetings in whichindividual child death cases are discussed by the Team shall be closedpursuant to subdivision A 21 of § 2.2-3711. In addition to the requirementsof § 2.2-3712, all team members, persons attending closed team meetings, andpersons presenting information and records on specific child deaths to theTeam during closed meetings shall execute a sworn statement to honor theconfidentiality of the information, records, discussions, and opinionsdisclosed during any closed meeting to review a specific child death.Violations of this subsection shall be punishable as a Class 3 misdemeanor.
D. Upon notification of a child death, any state or local government agencymaintaining records on such child or such child's family which areperiodically purged shall retain such records for the longer of 12 months oruntil such time as the State Child Fatality Review Team has completed itschild death review of the specific case.
E. The Team shall compile annual data which shall be made available to theGovernor and the General Assembly as requested. These statistical datacompilations shall not contain any personally identifying information andshall be public records.
(1994, c. 643; 1995, c. 499; 1999, cc. 703, 726; 2004, c. 690; 2007, c. 411;2009, cc. 813, 840.)
§ 32.1-283.1. State Child Fatality Review Team established; membership;access to and maintenance of records; confidentiality; etc.
A. There is hereby created the State Child Fatality Review Team, hereinafterreferred to as the "Team," which shall develop and implement procedures toensure that child deaths occurring in Virginia are analyzed in a systematicway. The Team shall review (i) violent and unnatural child deaths, (ii)sudden child deaths occurring within the first 18 months of life, and (iii)those fatalities for which the cause or manner of death was not determinedwith reasonable medical certainty. No child death review shall be initiatedby the Team until conclusion of any law-enforcement investigation or criminalprosecution. The Team shall (i) develop and revise as necessary operatingprocedures for the review of child deaths, including identification of casesto be reviewed and procedures for coordination among the agencies andprofessionals involved, (ii) improve the identification, data collection, andrecord keeping of the causes of child death, (iii) recommend components forprevention and education programs, (iv) recommend training to improve theinvestigation of child deaths, and (v) provide technical assistance, uponrequest, to any local child fatality teams that may be established. Theoperating procedures for the review of child deaths shall be exempt from theAdministrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision 17 ofsubsection B of § 2.2-4002.
B. The 16-member Team shall be chaired by the Chief Medical Examiner andshall be composed of the following persons or their designees: theCommissioner of Behavioral Health and Developmental Services; the Director ofChild Protective Services within the Department of Social Services; theSuperintendent of Public Instruction; the State Registrar of Vital Records;and the Director of the Department of Criminal Justice Services. In addition,one representative from each of the following entities shall be appointed bythe Governor to serve for a term of three years: local law-enforcementagencies, local fire departments, local departments of social services, theMedical Society of Virginia, the Virginia College of Emergency Physicians,the Virginia Pediatric Society, Virginia Sudden Infant Death SyndromeAlliance, local emergency medical services personnel, Commonwealth'sattorneys, and community services boards.
C. Upon the request of the Chief Medical Examiner in his capacity as chair ofthe Team, made after the conclusion of any law-enforcement investigation orprosecution, information and records regarding a child whose death is beingreviewed by the Team may be inspected and copied by the Chief MedicalExaminer or his designee, including, but not limited to, any report of thecircumstances of the event maintained by any state or local law-enforcementagency or medical examiner, and information or records maintained on suchchild by any school, social services agency or court. Information, records orreports maintained by any Commonwealth's Attorney shall be made available forinspection and copying by the Chief Medical Examiner pursuant to procedureswhich shall be developed by the Chief Medical Examiner and the Commonwealth'sAttorneys' Services Council established by § 2.2-2617. Any presentence reportprepared pursuant to § 19.2-299 for any person convicted of a crime that ledto the death of the child shall be made available for inspection and copyingby the Chief Medical Examiner pursuant to procedures which shall be developedby the Chief Medical Examiner. In addition, the Chief Medical Examiner mayinspect and copy from any Virginia health care provider, on behalf of theTeam, (i) without obtaining consent, the health and mental health records ofthe child and those perinatal medical records of the child's mother thatrelated to such child and (ii) upon obtaining consent from each adultregarding his personal records, or from a parent regarding the records of aminor child, the health and mental health records of the child's family. Allsuch information and records shall be confidential and shall be excluded fromthe Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant tosubdivision 9 of § 2.2-3705.5. Upon the conclusion of the child death review,all information and records concerning the child and the child's family shallbe shredded or otherwise destroyed by the Chief Medical Examiner in order toensure confidentiality. Such information or records shall not be subject tosubpoena or discovery or be admissible in any criminal or civil proceeding.If available from other sources, however, such information and records shallnot be immune from subpoena, discovery or introduction into evidence whenobtained through such other sources solely because the information andrecords were presented to the Team during a child death review. Further, thefindings of the Team may be disclosed or published in statistical or otherform which shall not identify individuals. The portions of meetings in whichindividual child death cases are discussed by the Team shall be closedpursuant to subdivision A 21 of § 2.2-3711. In addition to the requirementsof § 2.2-3712, all team members, persons attending closed team meetings, andpersons presenting information and records on specific child deaths to theTeam during closed meetings shall execute a sworn statement to honor theconfidentiality of the information, records, discussions, and opinionsdisclosed during any closed meeting to review a specific child death.Violations of this subsection shall be punishable as a Class 3 misdemeanor.
D. Upon notification of a child death, any state or local government agencymaintaining records on such child or such child's family which areperiodically purged shall retain such records for the longer of 12 months oruntil such time as the State Child Fatality Review Team has completed itschild death review of the specific case.
E. The Team shall compile annual data which shall be made available to theGovernor and the General Assembly as requested. These statistical datacompilations shall not contain any personally identifying information andshall be public records.
(1994, c. 643; 1995, c. 499; 1999, cc. 703, 726; 2004, c. 690; 2007, c. 411;2009, cc. 813, 840.)
§ 32.1-283.1. State Child Fatality Review Team established; membership;access to and maintenance of records; confidentiality; etc.
A. There is hereby created the State Child Fatality Review Team, hereinafterreferred to as the "Team," which shall develop and implement procedures toensure that child deaths occurring in Virginia are analyzed in a systematicway. The Team shall review (i) violent and unnatural child deaths, (ii)sudden child deaths occurring within the first 18 months of life, and (iii)those fatalities for which the cause or manner of death was not determinedwith reasonable medical certainty. No child death review shall be initiatedby the Team until conclusion of any law-enforcement investigation or criminalprosecution. The Team shall (i) develop and revise as necessary operatingprocedures for the review of child deaths, including identification of casesto be reviewed and procedures for coordination among the agencies andprofessionals involved, (ii) improve the identification, data collection, andrecord keeping of the causes of child death, (iii) recommend components forprevention and education programs, (iv) recommend training to improve theinvestigation of child deaths, and (v) provide technical assistance, uponrequest, to any local child fatality teams that may be established. Theoperating procedures for the review of child deaths shall be exempt from theAdministrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision 17 ofsubsection B of § 2.2-4002.
B. The 16-member Team shall be chaired by the Chief Medical Examiner andshall be composed of the following persons or their designees: theCommissioner of Behavioral Health and Developmental Services; the Director ofChild Protective Services within the Department of Social Services; theSuperintendent of Public Instruction; the State Registrar of Vital Records;and the Director of the Department of Criminal Justice Services. In addition,one representative from each of the following entities shall be appointed bythe Governor to serve for a term of three years: local law-enforcementagencies, local fire departments, local departments of social services, theMedical Society of Virginia, the Virginia College of Emergency Physicians,the Virginia Pediatric Society, Virginia Sudden Infant Death SyndromeAlliance, local emergency medical services personnel, Commonwealth'sattorneys, and community services boards.
C. Upon the request of the Chief Medical Examiner in his capacity as chair ofthe Team, made after the conclusion of any law-enforcement investigation orprosecution, information and records regarding a child whose death is beingreviewed by the Team may be inspected and copied by the Chief MedicalExaminer or his designee, including, but not limited to, any report of thecircumstances of the event maintained by any state or local law-enforcementagency or medical examiner, and information or records maintained on suchchild by any school, social services agency or court. Information, records orreports maintained by any Commonwealth's Attorney shall be made available forinspection and copying by the Chief Medical Examiner pursuant to procedureswhich shall be developed by the Chief Medical Examiner and the Commonwealth'sAttorneys' Services Council established by § 2.2-2617. Any presentence reportprepared pursuant to § 19.2-299 for any person convicted of a crime that ledto the death of the child shall be made available for inspection and copyingby the Chief Medical Examiner pursuant to procedures which shall be developedby the Chief Medical Examiner. In addition, the Chief Medical Examiner mayinspect and copy from any Virginia health care provider, on behalf of theTeam, (i) without obtaining consent, the health and mental health records ofthe child and those perinatal medical records of the child's mother thatrelated to such child and (ii) upon obtaining consent from each adultregarding his personal records, or from a parent regarding the records of aminor child, the health and mental health records of the child's family. Allsuch information and records shall be confidential and shall be excluded fromthe Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant tosubdivision 9 of § 2.2-3705.5. Upon the conclusion of the child death review,all information and records concerning the child and the child's family shallbe shredded or otherwise destroyed by the Chief Medical Examiner in order toensure confidentiality. Such information or records shall not be subject tosubpoena or discovery or be admissible in any criminal or civil proceeding.If available from other sources, however, such information and records shallnot be immune from subpoena, discovery or introduction into evidence whenobtained through such other sources solely because the information andrecords were presented to the Team during a child death review. Further, thefindings of the Team may be disclosed or published in statistical or otherform which shall not identify individuals. The portions of meetings in whichindividual child death cases are discussed by the Team shall be closedpursuant to subdivision A 21 of § 2.2-3711. In addition to the requirementsof § 2.2-3712, all team members, persons attending closed team meetings, andpersons presenting information and records on specific child deaths to theTeam during closed meetings shall execute a sworn statement to honor theconfidentiality of the information, records, discussions, and opinionsdisclosed during any closed meeting to review a specific child death.Violations of this subsection shall be punishable as a Class 3 misdemeanor.
D. Upon notification of a child death, any state or local government agencymaintaining records on such child or such child's family which areperiodically purged shall retain such records for the longer of 12 months oruntil such time as the State Child Fatality Review Team has completed itschild death review of the specific case.
E. The Team shall compile annual data which shall be made available to theGovernor and the General Assembly as requested. These statistical datacompilations shall not contain any personally identifying information andshall be public records.
(1994, c. 643; 1995, c. 499; 1999, cc. 703, 726; 2004, c. 690; 2007, c. 411;2009, cc. 813, 840.)
