135.43 - IOWA CHILD DEATH REVIEW TEAM ESTABLISHED -- DUTIES.
135.43 IOWA CHILD DEATH REVIEW TEAM ESTABLISHED --
DUTIES.
1. An Iowa child death review team is established as part of the
office of the state medical examiner. The office of the state
medical examiner shall provide staffing and administrative support to
the team.
2. The membership of the review team is subject to the provisions
of sections 69.16 and 69.16A, relating to political affiliation and
gender balance. Review team members who are not designated by
another appointing authority shall be appointed by the state medical
examiner. Membership terms shall be for three years. A membership
vacancy shall be filled in the same manner as the original
appointment. The review team shall elect a chairperson and other
officers as deemed necessary by the review team. The review team
shall meet upon the call of the state medical examiner or as
determined by the review team. The members of the team are eligible
for reimbursement of actual and necessary expenses incurred in the
performance of their official duties. The review team shall include
the following:
a. The state medical examiner or the state medical examiner's
designee.
b. A certified or licensed professional who is knowledgeable
concerning sudden infant death syndrome.
c. A pediatrician who is knowledgeable concerning deaths of
children.
d. A family practice physician who is knowledgeable
concerning deaths of children.
e. One mental health professional who is knowledgeable
concerning deaths of children.
f. One social worker who is knowledgeable concerning deaths
of children.
g. A certified or licensed professional who is knowledgeable
concerning domestic violence.
h. A professional who is knowledgeable concerning substance
abuse.
i. A local law enforcement official.
j. A county attorney.
k. An emergency room nurse who is knowledgeable concerning
the deaths of children.
l. A perinatal expert.
m. A representative of the health insurance industry.
n. One other appointed at large.
3. The review team shall perform the following duties:
a. Collect, review, and analyze child death certificates and
child death data, including patient records or other pertinent
confidential information concerning the deaths of children under age
eighteen, and other information as the review team deems appropriate
for use in preparing an annual report to the governor and the general
assembly concerning the causes and manner of child deaths. The
report shall include analysis of factual information obtained through
review and recommendations regarding prevention of child deaths.
b. Recommend to the governor and the general assembly
interventions to prevent deaths of children based on an analysis of
the cause and manner of such deaths.
c. Recommend to the agencies represented on the review team
changes which may prevent child deaths.
d. Except as authorized by this section, maintain the
confidentiality of any patient records or other confidential
information reviewed.
e. Recommend to the department of human services, appropriate
law enforcement agencies, and any other person involved with child
protection, interventions that may prevent harm to a child who is
related to or is living in the same home as a child whose case is
reviewed by the team.
f. If the sharing of information is necessary to assist in or
initiate a child death investigation or criminal prosecution and the
office or agency receiving the information does not otherwise have
access to the information, share information possessed by the review
team with the office of the attorney general, a county attorney's
office, or an appropriate law enforcement agency. The office or
agency receiving the information shall maintain the confidentiality
of the information in accordance with this section. Unauthorized
release or disclosure of the information received is subject to
penalty as provided in this section.
g. In order to assist a division of the department in
performing the division's duties, if the division does not otherwise
have access to the information, share information possessed by the
review team. The division receiving the information shall maintain
the confidentiality of the information in accordance with this
section. Unauthorized release or disclosure of the information
received is subject to penalty as provided in this section.
4. The review team shall develop protocols for a child fatality
review committee, to be appointed by the state medical examiner on an
ad hoc basis, to immediately review the child abuse assessments which
involve the fatality of a child under age eighteen. The state
medical examiner shall appoint a medical examiner, a pediatrician,
and a person involved with law enforcement to the committee.
a. The purpose of the review shall be to determine whether
the department of human services and others involved with the case of
child abuse responded appropriately. The protocols shall provide for
the committee to consult with any multidisciplinary team, as defined
in section 235A.13, that is operating in the area in which the
fatality occurred.
b. The committee shall have access to patient records and
other pertinent confidential information and, subject to the
restrictions in this subsection, may redisseminate the confidential
information in the committee's report.
c. Upon completion of the review, the committee shall issue a
report which shall include findings concerning the case and
recommendations for changes to prevent child fatalities when similar
circumstances exist. The report shall include but is not limited to
the following information, subject to the restrictions listed in
paragraph "d":
(1) The dates, outcomes, and results of any actions taken by the
department of human services and others in regard to each report and
allegation of child abuse involving the child who died.
(2) The results of any review of the case performed by a
multidisciplinary team, or by any other public entity that reviewed
the case.
(3) Confirmation of the department of human services receipt of
any report of child abuse involving the child, including confirmation
as to whether or not any assessment involving the child was performed
in accordance with section 232.71B, the results of any assessment, a
description of the most recent assessment and the services offered to
the family, the services rendered to the family, and the basis for
the department's decisions concerning the case.
d. Prior to issuing the report, the committee shall consult
with the county attorney responsible for prosecution of the alleged
perpetrator of the child fatality. The committee's report shall
include child abuse information associated with the case and the
child, but is subject to the restrictions applicable to the
department of human services for release of information concerning a
child fatality or near fatality in accordance with section 235A.15,
subsection 9.
e. Following the completion of the trial of any alleged
perpetrator of the child fatality and the appeal period for the
granting of a new trial, the committee shall issue a supplemental
report containing the information that was withheld, in accordance
with paragraph "d", so as not to jeopardize the prosecution or
the rights of the alleged perpetrator to a fair trial as described in
section 235A.15, subsection 9, paragraphs "e" and "f".
f. The report and any supplemental report shall be submitted
to the governor and general assembly.
g. If deemed appropriate by the committee, at any point in
the review the committee may recommend to the department of human
services, appropriate law enforcement agencies, and any other person
involved with child protection, interventions that may prevent harm
to a child who is related to or is living in the same home as a child
whose case is reviewed by the committee.
5. a. The following individuals shall designate a liaison to
assist the review team in fulfilling its responsibilities:
(1) The director of public health.
(2) The director of human services.
(3) The commissioner of public safety.
(4) The attorney general.
(5) The director of transportation.
(6) The director of the department of education.
b. In addition, the chairperson of the review team shall
designate a liaison from the public at large to assist the review
team in fulfilling its responsibilities.
6. The review team may establish subcommittees to which the team
may delegate some or all of the team's responsibilities under
subsection 3.
7. a. The state medical examiner, the Iowa department of
public health, and the department of human services shall adopt rules
providing for disclosure of information which is confidential under
chapter 22 or any other provision of state law, to the review team
for purposes of performing its child death and child abuse review
responsibilities.
b. A person in possession or control of medical,
investigative, assessment, or other information pertaining to a child
death and child abuse review shall allow the inspection and
reproduction of the information by the office of the state medical
examiner upon the request of the office, to be used only in the
administration and for the duties of the Iowa child death review
team. Except as provided for a report on a child fatality by an ad
hoc child fatality review committee under subsection 4, information
and records produced under this section which are confidential under
section 22.7 and chapter 235A, and information or records received
from the confidential records, remain confidential under this
section. A person does not incur legal liability by reason of
releasing information to the department{ as required under and in
compliance with this section.
8. Review team members and their agents are immune from any
liability, civil or criminal, which might otherwise be incurred or
imposed as a result of any act, omission, proceeding, decision, or
determination undertaken or performed, or recommendation made as a
review team member or agent provided that the review team members or
agents acted in good faith and without malice in carrying out their
official duties in their official capacity. The state medical
examiner shall adopt rules pursuant to chapter 17A to administer this
subsection. A complainant bears the burden of proof in establishing
malice or lack of good faith in an action brought against review team
members involving the performance of their duties and powers under
this section.
9. A person who releases or discloses confidential data, records,
or any other type of information in violation of this section is
guilty of a serious misdemeanor. Section History: Recent Form
95 Acts, ch 147, §2; 97 Acts, ch 159, § 3, 4; 2000 Acts, ch 1051,
§1; 2000 Acts, ch 1137, §1--3, 14; 2002 Acts, ch 1119, §129, 130;
2005 Acts, ch 6, §1--3; 2005 Acts, ch 179, §118; 2007 Acts, ch 159,
§19, 20; 2009 Acts, ch 182, §108--111
Referred to in § 691.6
Legislative findings and purpose; 95 Acts, ch 147, § 1 Footnotes
{The words "or the office of the state medical examiner" probably
also intended; corrective legislation is pending
Continuing effectiveness of rules adopted by department of public
health until replacement rules are adopted by state medical examiner;
2009 Acts, ch 182, §113