§ 32.1-283.2. Local and regional child fatality review teams established;membership; authority; confidentiality; immunity.
A. Upon the initiative of any local or regional law-enforcement agency, firedepartment, department of social services, emergency medical services agency,Commonwealth's attorney's office, or community services board, local orregional child fatality teams may be established for the purpose ofconducting contemporaneous reviews of local child deaths in order to developinterventions and strategies for prevention specific to the locality orregion. Each team shall establish rules and procedures to govern the reviewprocess. Agencies may share information but shall be bound by confidentialityand execute a sworn statement to honor the confidentiality of the informationthey share. Violations shall be punishable as a Class 3 misdemeanor. TheState Child Fatality Review Team shall provide technical assistance anddirection as provided for in subsection A of § 32.1-283.1.
B. Local and regional teams may be composed of the following persons from thelocalities represented on a particular board or their designees: a local orregional medical examiner, a local social services official in charge ofchild protective services, a director of the relevant local or districthealth department, a chief law-enforcement officer, a local fire marshal, theattorney for the Commonwealth, an executive director of the local communityservices board or other local mental health agency, and such additionalpersons, not to exceed five, as may be appointed to serve by the chairpersonof the local or regional team. The chairperson shall be elected from amongthe designated membership. The additional members appointed by thechairperson may include, but are not restricted to, representatives of localhuman services agencies; local public education agencies; localpediatricians, psychiatrists and psychologists; and local child advocacyorganizations.
C. Each team shall establish local rules and procedures to govern the reviewprocess prior to conducting the first child fatality review. The review of adeath shall be delayed until any criminal investigations connected with thedeath are completed or the Commonwealth consents to the commencement of suchreview prior to the completion of the criminal investigation.
D. All information and records obtained or created regarding the review of afatality shall be confidential and shall be excluded from the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 9 of§ 2.2-3705.5. All such information and records shall be used by the team onlyin the exercise of its proper purpose and function and shall not bedisclosed. Such information or records shall not be subject to subpoena,subpoena duces tecum, or discovery or be admissible in any criminal or civilproceeding. If available from other sources, however, such information andrecords shall not be immune from subpoena, subpoena duces tecum, discovery orintroduction into evidence when obtained through such other sources solelybecause the information and records were presented to the team during afatality review. No person who participated in the reviews nor any member ofthe team shall be required to make any statement as to what transpired duringthe review or what information was collected during the review. Upon theconclusion of the fatality review, all information and records concerning thevictim and the family shall be returned to the originating agency ordestroyed. However, the findings of the team may be disclosed or published instatistical or other form which shall not identify individuals. The portionsof meetings in which individual cases are discussed by the team shall beclosed pursuant to subdivision A 21 of § 2.2-3711. All team members, personsattending closed team meetings, and persons presenting information andrecords on specific fatalities to the team during closed meetings shallexecute a sworn statement to honor the confidentiality of the information,records, discussions, and opinions disclosed during any closed meeting toreview a specific death. Violations of this subsection shall be punishable asa Class 3 misdemeanor.
E. Members of teams, as well as their agents and employees, shall be immunefrom civil liability for any act or omission made in connection withparticipation in a child fatality review team review, unless such act oromission was the result of gross negligence or willful misconduct. Anyorganization, institution, or person furnishing information, data, testimony,reports or records to review teams as part of such review, shall be immunefrom civil liability for any act or omission in furnishing such information,unless such act or omission was the result of gross negligence or willfulmisconduct.
§ 32.1-283.2. Local and regional child fatality review teams established;membership; authority; confidentiality; immunity.
A. Upon the initiative of any local or regional law-enforcement agency, firedepartment, department of social services, emergency medical services agency,Commonwealth's attorney's office, or community services board, local orregional child fatality teams may be established for the purpose ofconducting contemporaneous reviews of local child deaths in order to developinterventions and strategies for prevention specific to the locality orregion. Each team shall establish rules and procedures to govern the reviewprocess. Agencies may share information but shall be bound by confidentialityand execute a sworn statement to honor the confidentiality of the informationthey share. Violations shall be punishable as a Class 3 misdemeanor. TheState Child Fatality Review Team shall provide technical assistance anddirection as provided for in subsection A of § 32.1-283.1.
B. Local and regional teams may be composed of the following persons from thelocalities represented on a particular board or their designees: a local orregional medical examiner, a local social services official in charge ofchild protective services, a director of the relevant local or districthealth department, a chief law-enforcement officer, a local fire marshal, theattorney for the Commonwealth, an executive director of the local communityservices board or other local mental health agency, and such additionalpersons, not to exceed five, as may be appointed to serve by the chairpersonof the local or regional team. The chairperson shall be elected from amongthe designated membership. The additional members appointed by thechairperson may include, but are not restricted to, representatives of localhuman services agencies; local public education agencies; localpediatricians, psychiatrists and psychologists; and local child advocacyorganizations.
C. Each team shall establish local rules and procedures to govern the reviewprocess prior to conducting the first child fatality review. The review of adeath shall be delayed until any criminal investigations connected with thedeath are completed or the Commonwealth consents to the commencement of suchreview prior to the completion of the criminal investigation.
D. All information and records obtained or created regarding the review of afatality shall be confidential and shall be excluded from the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 9 of§ 2.2-3705.5. All such information and records shall be used by the team onlyin the exercise of its proper purpose and function and shall not bedisclosed. Such information or records shall not be subject to subpoena,subpoena duces tecum, or discovery or be admissible in any criminal or civilproceeding. If available from other sources, however, such information andrecords shall not be immune from subpoena, subpoena duces tecum, discovery orintroduction into evidence when obtained through such other sources solelybecause the information and records were presented to the team during afatality review. No person who participated in the reviews nor any member ofthe team shall be required to make any statement as to what transpired duringthe review or what information was collected during the review. Upon theconclusion of the fatality review, all information and records concerning thevictim and the family shall be returned to the originating agency ordestroyed. However, the findings of the team may be disclosed or published instatistical or other form which shall not identify individuals. The portionsof meetings in which individual cases are discussed by the team shall beclosed pursuant to subdivision A 21 of § 2.2-3711. All team members, personsattending closed team meetings, and persons presenting information andrecords on specific fatalities to the team during closed meetings shallexecute a sworn statement to honor the confidentiality of the information,records, discussions, and opinions disclosed during any closed meeting toreview a specific death. Violations of this subsection shall be punishable asa Class 3 misdemeanor.
E. Members of teams, as well as their agents and employees, shall be immunefrom civil liability for any act or omission made in connection withparticipation in a child fatality review team review, unless such act oromission was the result of gross negligence or willful misconduct. Anyorganization, institution, or person furnishing information, data, testimony,reports or records to review teams as part of such review, shall be immunefrom civil liability for any act or omission in furnishing such information,unless such act or omission was the result of gross negligence or willfulmisconduct.
§ 32.1-283.2. Local and regional child fatality review teams established;membership; authority; confidentiality; immunity.
A. Upon the initiative of any local or regional law-enforcement agency, firedepartment, department of social services, emergency medical services agency,Commonwealth's attorney's office, or community services board, local orregional child fatality teams may be established for the purpose ofconducting contemporaneous reviews of local child deaths in order to developinterventions and strategies for prevention specific to the locality orregion. Each team shall establish rules and procedures to govern the reviewprocess. Agencies may share information but shall be bound by confidentialityand execute a sworn statement to honor the confidentiality of the informationthey share. Violations shall be punishable as a Class 3 misdemeanor. TheState Child Fatality Review Team shall provide technical assistance anddirection as provided for in subsection A of § 32.1-283.1.
B. Local and regional teams may be composed of the following persons from thelocalities represented on a particular board or their designees: a local orregional medical examiner, a local social services official in charge ofchild protective services, a director of the relevant local or districthealth department, a chief law-enforcement officer, a local fire marshal, theattorney for the Commonwealth, an executive director of the local communityservices board or other local mental health agency, and such additionalpersons, not to exceed five, as may be appointed to serve by the chairpersonof the local or regional team. The chairperson shall be elected from amongthe designated membership. The additional members appointed by thechairperson may include, but are not restricted to, representatives of localhuman services agencies; local public education agencies; localpediatricians, psychiatrists and psychologists; and local child advocacyorganizations.
C. Each team shall establish local rules and procedures to govern the reviewprocess prior to conducting the first child fatality review. The review of adeath shall be delayed until any criminal investigations connected with thedeath are completed or the Commonwealth consents to the commencement of suchreview prior to the completion of the criminal investigation.
D. All information and records obtained or created regarding the review of afatality shall be confidential and shall be excluded from the VirginiaFreedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 9 of§ 2.2-3705.5. All such information and records shall be used by the team onlyin the exercise of its proper purpose and function and shall not bedisclosed. Such information or records shall not be subject to subpoena,subpoena duces tecum, or discovery or be admissible in any criminal or civilproceeding. If available from other sources, however, such information andrecords shall not be immune from subpoena, subpoena duces tecum, discovery orintroduction into evidence when obtained through such other sources solelybecause the information and records were presented to the team during afatality review. No person who participated in the reviews nor any member ofthe team shall be required to make any statement as to what transpired duringthe review or what information was collected during the review. Upon theconclusion of the fatality review, all information and records concerning thevictim and the family shall be returned to the originating agency ordestroyed. However, the findings of the team may be disclosed or published instatistical or other form which shall not identify individuals. The portionsof meetings in which individual cases are discussed by the team shall beclosed pursuant to subdivision A 21 of § 2.2-3711. All team members, personsattending closed team meetings, and persons presenting information andrecords on specific fatalities to the team during closed meetings shallexecute a sworn statement to honor the confidentiality of the information,records, discussions, and opinions disclosed during any closed meeting toreview a specific death. Violations of this subsection shall be punishable asa Class 3 misdemeanor.
E. Members of teams, as well as their agents and employees, shall be immunefrom civil liability for any act or omission made in connection withparticipation in a child fatality review team review, unless such act oromission was the result of gross negligence or willful misconduct. Anyorganization, institution, or person furnishing information, data, testimony,reports or records to review teams as part of such review, shall be immunefrom civil liability for any act or omission in furnishing such information,unless such act or omission was the result of gross negligence or willfulmisconduct.
