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 less
than 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 other
services, including extrication and rescue services, utilized in serving
an individual's need for immediate medical care in order to prevent
loss of life or aggravation of physiological or psychological illness
or 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 established
under 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" means
any of the following:
(1) A registered nurse or licensed practical nurse licensed under
IC 25-23.
(2) A clinical social worker licensed under IC 25-23.6-5.
(3) A marriage and family therapist licensed under
IC 25-23.6-8.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of
education.
(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 review
committee" refers to the statewide child fatality review committee
established 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 review
team 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 a
local child fatality review team.
(c) If a county elects not to establish a county child fatality review
team, the county may join with one (1) or more other counties that
have not established a county child fatality review team and form a
regional child fatality review team.
(d) To establish a regional child fatality review team as described
in subsection (c), the legislative body of each county comprising the
region must cast a majority of votes in favor of establishing a
regional 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; request
of 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 adequately
prevent future deaths of children.
(b) In conducting the child fatality review under subsection (a),
the local child fatality review team shall review every record
concerning the deceased child that is held by the department.
(c) If a local child fatality review team requests records from a
hospital, physician, coroner, or mental health professional regarding
a death that the local child fatality review team is investigating, the
hospital, physician, coroner, or mental health professional shall
provide the requested records, subject to IC 34-30-15, to the child
fatality 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 upon
request of a local child fatality review team
Sec. 8. A local child fatality review team may request that the
statewide child fatality review committee make a fatality review of
a child from the area served by the local child fatality review team if
a majority of the members of a local child fatality review team vote
to 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 the
local child fatality review team.
(2) A representative from:
(A) the health and hospital corporation of Marion County as
set 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 under
IC 16-20-3;
from the area served by the local child fatality review team.
(3) A physician residing or practicing medicine in the area
served by the local child fatality review team.
(4) A representative of law enforcement from the area served by
the local child fatality review team.
(5) A representative from an emergency medical services
provider doing business in the area served by the local child
fatality review team.
(6) A director or manager of a local or regional office of the
department from the area served by the local child fatality
review team.
(7) A representative of the prosecuting attorney from the area
served by the local child fatality review team.
(8) A pathologist with forensic experience who is licensed to
practice medicine in Indiana and who, if feasible, is certified by
the American Board of Pathology in forensic pathology.
(9) A representative from a fire department or volunteer fire
department (as defined in IC 36-8-12-2) from the area served by
the 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 child
fatality review team under section 6 of this chapter shall:
(1) adopt an ordinance for the appointment and reappointment
of members of the local child fatality review team; and
(2) appoint members to the local child fatality review team
under 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 child
fatality review team under section 6 of this chapter shall:
(1) each adopt substantially similar ordinances for the
appointment and reappointment of members of the local child
fatality review team; and
(2) appoint members to the local child fatality review team
under 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 region
served by the local child fatality review team.
(2) A mental health provider providing services in the county or
region served by the local child fatality review team.
(3) A representative from a juvenile or probate court in the
county or region served by the local child fatality review team.
(4) Other representatives requested to serve by the members of
the 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 may
serve as chairperson. The chairperson shall be elected by the
members of the local child fatality review team at the first meeting
of the local child fatality review team.
(b) The local child fatality review team shall meet at the call of
the chairperson.
(c) The local child fatality review team chairperson shall
determine 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 a
local child fatality review team are open to the public.
(b) Meetings of a local child fatality review team that involve
confidential records or identifying information regarding the death
of a child that is confidential under state or federal law shall be held
as executive sessions.
(c) If an executive session is held under subsection (b), each
individual 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 confidentiality
statements 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 and
individuals who attend a meeting of a local child fatality review team
as an invitee of the chairperson:
(1) may discuss among themselves confidential matters that are
before the local child fatality review team;
(2) are bound by all applicable laws regarding the
confidentiality of matters reviewed by the local child fatality
review 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 might
otherwise be imposed as a result of sharing among themselves
confidential matters that are before the local child fatality
review 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 child
fatality 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 document
information surrounding the deaths of children reviewed by local
child fatality review teams. The department shall develop a data
collection form that includes:
(1) identifying and nonidentifying information;
(2) information regarding the circumstances surrounding a
death;
(3) factors contributing to a death; and
(4) findings and recommendations.
(b) The data collection form developed under this section must
also be provided to:
(1) the appropriate community child protection team;
(2) as appropriate:
(A) the health and hospital corporation of Marion County as
set forth in IC 16-22-8;
(B) the local health department established under
IC 16-20-2; or
(C) the multiple county health department established under
IC 16-20-3; and
(3) the appropriate coroner and the pathologist who performed
the autopsy on the child.
As added by P.L.145-2006, SEC.287. Amended by P.L.225-2007,
SEC.6.