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 less
than 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, including
extrication and rescue services, provided to an individual in need of
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.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 established
under 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" 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.
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 review
committee" refers to the statewide child fatality review committee
established 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 is
established 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 fatality
review team or if the local child fatality review team requests a
review of the child's death by the statewide committee.
(b) The statewide child fatality review committee may also review
the death of a child upon request by an individual or the department
of 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 the
death; 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; request
of records
Sec. 7. (a) A child fatality review conducted by the statewide
child fatality review committee under this chapter must consist 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 statewide child fatality review committee shall review every
record 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 requests
records from a hospital, physician, coroner, or mental health
professional regarding a death that the statewide child fatality review
committee is investigating, the hospital, physician, coroner, or mental
health professional shall provide the requested records, subject to
IC 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 of
the following members appointed by the governor:
(1) a coroner or deputy coroner;
(2) a representative from:
(A) the state department of health established by
IC 16-19-1-1;
(B) a local health department established under IC 16-20-2;
or
(C) a multiple county health department established under
IC 16-20-3;
(3) a pediatrician;
(4) a representative of law enforcement;
(5) a representative from an emergency medical services
provider;
(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 forensic
pathology; 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 services
ombudsman, a representative of the department of child
services 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 review
committee shall be selected by the governor.
(b) The statewide child fatality review committee shall meet at the
call of the chairperson.
(c) The statewide child fatality review committee chairperson
shall 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 the
statewide child fatality review committee are open to the public.
(b) Except as provided in subsection (d), a meeting of the
statewide child fatality review committee that involves:
(1) confidential records; or
(2) identifying information regarding the death of a child that is
confidential 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 review
committee;
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 fatality
review committee may vote to disclose any report or part of a report
regarding a fatality review to the public if the information is in the
general public interest as determined by the statewide child fatality
review 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 committee
and individuals who attend a meeting of the statewide child fatality
review committee as an invitee of the chairperson:
(1) may discuss among themselves confidential matters that are
before the statewide child fatality review committee;
(2) are bound by all applicable laws regarding the
confidentiality of matters reviewed by the statewide child
fatality 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 might
otherwise be imposed as a result of communicating among
themselves about confidential matters that are before the
statewide 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 statewide
child 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 document
information surrounding the deaths of children reviewed by the
statewide child fatality review committee. 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 established
under IC 31-33-3;
(2) the appropriate:
(A) local health department established under IC 16-20-2; or
(B) 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.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 a
majority of the statewide child fatality review committee are required
for 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 review
committee 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 fatality
review committee is not admissible as evidence concerning an
investigation by the statewide child fatality review committee.
As added by P.L.145-2006, SEC.288.