§ 32.1-283.3. Family violence fatality review teams established; modelprotocol and data management; membership; authority; confidentiality, etc.
A. The Chief Medical Examiner shall develop a model protocol for thedevelopment and implementation of local family violence fatality review teams(hereinafter teams) which shall include relevant procedures for conductingreviews of fatal family violence incidents. A "fatal family violenceincident" means any fatality, whether homicide or suicide, occurring as aresult of abuse between family members or intimate partners. The ChiefMedical Examiner shall provide technical assistance to the local teams andserve as a clearinghouse for information.
B. Subject to available funding, the Chief Medical Examiner shall provideongoing surveillance of fatal family violence occurrences and promulgate anannual report based on accumulated data.
C. Any county or city, or combination of counties, cities or counties andcities may establish a family violence fatality review team to examine fatalfamily violence incidents and to create a body of information to help preventfuture family violence fatalities. The team shall have the authority toreview the facts and circumstances of all fatal family violence incidentsthat occur within its designated geographic area.
D. Membership in the team may include, but shall not be limited to: healthcare professionals, representatives from the local bar, attorneys for theCommonwealth, judges, law-enforcement officials, criminologists, the medicalexaminer, other experts in forensic medicine and pathology, family violencevictim advocates, health department professionals, probation and paroleprofessionals, adult and child protective services professionals, andrepresentatives of family violence local coordinating councils.
E. Each team shall establish local rules and procedures to govern the reviewprocess prior to the first fatal family violence incident review conducted.The review of a death shall be delayed until any criminal investigations orprosecutions connected with the death are completed.
F. 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 review 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.
G. 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 family violence fatality 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.
§ 32.1-283.3. Family violence fatality review teams established; modelprotocol and data management; membership; authority; confidentiality, etc.
A. The Chief Medical Examiner shall develop a model protocol for thedevelopment and implementation of local family violence fatality review teams(hereinafter teams) which shall include relevant procedures for conductingreviews of fatal family violence incidents. A "fatal family violenceincident" means any fatality, whether homicide or suicide, occurring as aresult of abuse between family members or intimate partners. The ChiefMedical Examiner shall provide technical assistance to the local teams andserve as a clearinghouse for information.
B. Subject to available funding, the Chief Medical Examiner shall provideongoing surveillance of fatal family violence occurrences and promulgate anannual report based on accumulated data.
C. Any county or city, or combination of counties, cities or counties andcities may establish a family violence fatality review team to examine fatalfamily violence incidents and to create a body of information to help preventfuture family violence fatalities. The team shall have the authority toreview the facts and circumstances of all fatal family violence incidentsthat occur within its designated geographic area.
D. Membership in the team may include, but shall not be limited to: healthcare professionals, representatives from the local bar, attorneys for theCommonwealth, judges, law-enforcement officials, criminologists, the medicalexaminer, other experts in forensic medicine and pathology, family violencevictim advocates, health department professionals, probation and paroleprofessionals, adult and child protective services professionals, andrepresentatives of family violence local coordinating councils.
E. Each team shall establish local rules and procedures to govern the reviewprocess prior to the first fatal family violence incident review conducted.The review of a death shall be delayed until any criminal investigations orprosecutions connected with the death are completed.
F. 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 review 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.
G. 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 family violence fatality 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.
§ 32.1-283.3. Family violence fatality review teams established; modelprotocol and data management; membership; authority; confidentiality, etc.
A. The Chief Medical Examiner shall develop a model protocol for thedevelopment and implementation of local family violence fatality review teams(hereinafter teams) which shall include relevant procedures for conductingreviews of fatal family violence incidents. A "fatal family violenceincident" means any fatality, whether homicide or suicide, occurring as aresult of abuse between family members or intimate partners. The ChiefMedical Examiner shall provide technical assistance to the local teams andserve as a clearinghouse for information.
B. Subject to available funding, the Chief Medical Examiner shall provideongoing surveillance of fatal family violence occurrences and promulgate anannual report based on accumulated data.
C. Any county or city, or combination of counties, cities or counties andcities may establish a family violence fatality review team to examine fatalfamily violence incidents and to create a body of information to help preventfuture family violence fatalities. The team shall have the authority toreview the facts and circumstances of all fatal family violence incidentsthat occur within its designated geographic area.
D. Membership in the team may include, but shall not be limited to: healthcare professionals, representatives from the local bar, attorneys for theCommonwealth, judges, law-enforcement officials, criminologists, the medicalexaminer, other experts in forensic medicine and pathology, family violencevictim advocates, health department professionals, probation and paroleprofessionals, adult and child protective services professionals, andrepresentatives of family violence local coordinating councils.
E. Each team shall establish local rules and procedures to govern the reviewprocess prior to the first fatal family violence incident review conducted.The review of a death shall be delayed until any criminal investigations orprosecutions connected with the death are completed.
F. 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 review 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.
G. 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 family violence fatality 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.
