Bill Text: IN SB0125 | 2013 | Regular Session | Enrolled
Bill Title: Child fatality reviews and commission on children.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Passed) 2013-05-13 - Public Law 119 [SB0125 Detail]
Download: Indiana-2013-SB0125-Enrolled.html
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
AN ACT to amend the Indiana Code concerning human services.
Chapter 36. Commission on Improving the Status of Children in Indiana
Sec. 1. The following definitions apply throughout this chapter:
(1) "Commission" refers to the commission on improving the status of children in Indiana established by section 3 of this chapter.
(2) "Vulnerable youth" means a child served by:
(A) the department of child services;
(B) the office of the secretary of family and social services;
(C) the department of correction; or
(D) a juvenile probation department.
Sec. 2. As used in this chapter, "state agency" has the meaning set forth in IC 4-6-3-1.
Sec. 3. The commission on improving the status of children in Indiana is established.
Sec. 4. The commission consists of eighteen (18) members as follows:
(1) One (1) legislative member appointed by the speaker of the house of representatives.
(2) One (1) legislative member appointed by the minority
leader of the house of representatives.
(3) One (1) legislative member appointed by the president pro
tempore of the senate.
(4) One (1) legislative member appointed by the minority
leader of the senate.
(5) The superintendent of public instruction.
(6) The director of the department of child services.
(7) One (1) judge or justice with experience in juvenile law
appointed by the chief justice of Indiana to serve on the
commission for a period of four (4) years.
(8) The executive director of the prosecuting attorneys council
of Indiana.
(9) The executive director of the public defender council of
Indiana.
(10) The secretary of family and social services.
(11) The state health commissioner.
(12) The director of the department of correction division of
youth services.
(13) One (1) representative of the juvenile probation system,
appointed by the chief justice of Indiana for a period of four
(4) years.
(14) The director of the office of management and budget, or
the director of the state budget agency, as selected by the
governor.
(15) A member of the governor's staff, to be appointed by the
governor.
(16) The executive director of the division of state court
administration.
(17) The director of the division of mental health and
addiction.
(18) The attorney general, who shall serve as a nonvoting
member.
Sec. 5. (a) The judge or justice appointed under section 4(7) of
this chapter shall serve as the chairperson of the commission in
calendar year 2013 and every third year thereafter.
(b) The chairperson of the legislative council shall designate one
(1) legislative member of the commission to serve as the
chairperson of the commission in calendar year 2014 and every
third year thereafter.
(c) The member of the governor's staff appointed under section
4(15) of this chapter shall serve as the chairperson of the
commission in calendar year 2015 and every third year thereafter.
(d) The chairperson shall determine the agenda for the commission.
Sec. 6. (a) A legislative member of the commission may be removed at any time by the appointing authority who appointed the legislative member.
(b) If a vacancy exists on the commission, the appointing authority who appointed the former member whose position has become vacant shall appoint an individual to fill the vacancy.
Sec. 7. Each member of the commission is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, of interim study committees established by the legislative council.
Sec. 8. The affirmative votes of a majority of the members appointed to the commission are required for the commission to take action on any measure, including final reports.
Sec. 9. The commission shall do the following:
(1) Study and evaluate the following:
(A) Access to services for vulnerable youth.
(B) Availability of services for vulnerable youth.
(C) Duplication of services for vulnerable youth.
(D) Funding of services available for vulnerable youth.
(E) Barriers to service for vulnerable youth.
(F) Communication and cooperation by agencies concerning vulnerable youth.
(G) Implementation of programs or laws concerning vulnerable youth.
(H) The consolidation of existing entities that serve vulnerable youth.
(I) Data from state agencies relevant to evaluating progress, targeting efforts, and demonstrating outcomes.
(2) Review and make recommendations concerning pending legislation.
(3) Promote information sharing concerning vulnerable youth across the state.
(4) Promote best practices, policies, and programs.
(5) Cooperate with:
(A) other child focused commissions;
(B) the judicial branch of government;
(C) the executive branch of government;
(D) stakeholders; and
(E) members of the community.
(6) Submit a report not later than July 1 of each year
regarding the commission's work during the previous year.
The report shall be submitted to the legislative council, the
governor, and the chief justice of Indiana. The report to the
legislative council must be in an electronic format under
IC 5-14-6.
Sec. 10. The commission may do the following:
(1) Request information or a presentation from an agency
involved with vulnerable youth.
(2) Request and review outcome data from an agency related
to vulnerable youth.
(3) Receive information from experts concerning vulnerable
youth.
Sec. 11. The Indiana judicial center shall provide support staff
for the commission.
Chapter 36.1. Child Services Oversight Committee
Sec. 1. As used in this chapter, "commission" refers to the commission on improving the status of children in Indiana established by IC 2-5-36-3.
Sec. 2. As used in this chapter, "committee" refers to the child services oversight committee established by section 4 of this chapter.
Sec. 3. As used in this chapter, "department" refers to the department of child services established by IC 31-25-1-1.
Sec. 4. The child services oversight committee is established.
Sec. 5. The committee consists of eleven (11) voting members appointed as follows:
(1) Two (2) members of the senate appointed by the president pro tempore, not more than one (1) of whom may be from the same political party.
(2) Two (2) members of the house of representatives appointed by the speaker, not more than one (1) of whom may be from the same political party.
(3) The director of the department of child services or the director's designee.
(4) An individual who is a court appointed special advocate, to be appointed by the chief justice of the supreme court.
(5) The executive director of the prosecuting attorneys council or the executive director's designee.
(6) The executive director of the public defenders council or
the executive director's designee.
(7) A provider to the department of foster care, residential
services, or group home services, appointed by the president
pro tempore.
(8) One (1) juvenile or family court judge, appointed by the
speaker upon the recommendation of the chief justice of
Indiana.
(9) One (1) individual representing kindergarten through
grade 12 education, appointed by the:
(A) president pro tempore during even-numbered years;
and
(B) speaker during odd-numbered years;
upon the recommendation of the superintendent of public
instruction.
Sec. 6. A vacancy on the committee shall be filled by the
appointing authority.
Sec. 7. (a) The president pro tempore shall appoint a member of
the committee described in section 5(1) of this chapter to serve as
chairperson of the committee from January 1 through December
31 of odd-numbered years.
(b) The speaker shall appoint a member of the committee
described in section 5(2) of this chapter to serve as chairperson of
the committee from January 1 through December 31 of
even-numbered years.
Sec. 8. (a) The committee shall do the following:
(1) Review quarterly data reports from the department.
(2) Review annual reports from the department of child
services ombudsman (established by IC 4-13-19-3).
(3) Make recommendations to the commission to improve the
delivery of child protection services in Indiana.
(4) Submit an annual report before November 1 to the
commission.
(b) The committee shall meet:
(1) at least quarterly; and
(2) at the call of the committee's chairperson.
Sec. 9. (a) Except as provided in subsection (b), the committee
shall operate under the policies governing study committees
adopted by the legislative council.
(b) The committee may meet at any time during the calendar
year.
Sec. 10. The legislative services agency shall provide support
staff for the committee.
ARTICLE 49. CHILD FATALITY REVIEWS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Child" means an individual less than eighteen (18) years of age.
Sec. 3. "Child fatality committee" means a child fatality committee established under IC 16-49-2-1.
Sec. 4. "County child fatality review team" means a child fatality review team established by a child fatality committee under IC 16-49-2 for a county.
Sec. 5. "Emergency medical services" means the provision of emergency ambulance services or other services, including extrication and rescue services, used 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.
Sec. 6. "Local child fatality review team" refers to a county or regional child fatality review team established by a child fatality committee under IC 16-49-2.
Sec. 7. "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.
Sec. 8. "Regional child fatality review team" means a child fatality review team established by a child fatality committee under IC 16-49-2 for a region consisting of more than one (1) county.
Sec. 9. "State child fatality review coordinator" refers to the state child fatality review coordinator employed by the state department under IC 16-49-5-1.
Sec. 10. "Statewide child fatality review committee" refers to the statewide child fatality review committee established by IC 16-49-4-1.
Chapter 2. Establishing Local Child Fatality Review Teams
Sec. 1. A child fatality committee is established in each county
and consists of the following members:
(1) The prosecuting attorney of the county or a representative
of the prosecuting attorney.
(2) The county coroner or a deputy coroner of the county
representing the county coroner.
(3) A representative from:
(A) a county health department established under
IC 16-20-2;
(B) a health and hospital corporation established under
IC 16-22-8; or
(C) a multiple county health department established under
IC 16-20-3;
that is located in or serves the county.
(4) A representative from the department of child services.
(5) A representative of law enforcement from the county.
Sec. 2. (a) The child fatality committee shall meet for the first
meeting of the child fatality committee at the call of the
prosecuting attorney of the county, or the prosecuting attorney's
representative.
(b) The child fatality committee members shall select a
chairperson at the first meeting.
(c) The child fatality committee shall meet at the call of the
chairperson for all meetings after the first meeting.
Sec. 3. The child fatality committee shall do the following:
(1) Determine whether to establish a:
(A) county child fatality review team; or
(B) regional child fatality review team;
for the county.
(2) Appoint members to the local child fatality review team in
accordance with the member requirements established under
this chapter.
(3) Determine whether the local child fatality review team will
enter into a written agreement with another local child
fatality review team to receive, upon request, services,
guidance, and expertise from the other local child fatality
review team.
Sec. 4. (a) A local child fatality review team consists of the
following members:
(1) The prosecuting attorney of the county or a representative
of a prosecuting attorney from the area served by the local
child fatality review team.
(2) A county coroner or a deputy coroner from the area
served by the local child fatality review team.
(3) A representative from:
(A) a county health department established under
IC 16-20-2;
(B) a health and hospital corporation established under
IC 16-22-8; or
(C) a multiple county health department established under
IC 16-20-3;
that is located in or serves the area served by the local child
fatality review team.
(4) A representative from the department of child services.
(5) A representative of law enforcement from the area served
by the local child fatality review team.
(6) A representative from a school district in the area served
by the local child fatality review team.
(b) In addition to the members under subsection (a), a local
child fatality review team shall:
(1) have as a member of the local child fatality review team:
(A) a pediatrician or family practice physician;
(B) a representative from an emergency medical services
provider;
(C) a representative from a fire department or volunteer
fire department (as defined in IC 36-8-12-2); and
(D) a mental health provider; or
(2) enter into a written agreement with another local child
fatality review team for the provision of services, guidance,
and expertise of a person listed in subdivision (1)(A) through
(1)(D) who is a member of that local child fatality review
team.
(c) In addition to the members under subsection (a), a local child
fatality review team shall have:
(1) a member on the team who is 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; or
(2) an agreement with a pathologist described in subdivision
(1) for the provision of the pathologist's services and
expertise, as needed by the local child fatality review team.
Sec. 5. A local child fatality review team may have additional
members from the following categories:
(1) A representative of a hospital located in the area served by
the local child fatality review team.
(2) A representative from a juvenile or probate court in the area served by the local child fatality review team.
(3) Other representatives requested to serve as members by the:
(A) child fatality committee; or
(B) local child fatality review team.
(4) A representative from the department of natural resources who lives or works in the area served by the local child fatality review team.
(5) A representative from Prevent Child Abuse Indiana (an organization for the prevention of child abuse) who lives or works in the area served by the local child fatality review team.
(6) One (1) of the following:
(A) A court appointed special advocate who provides court appointed special advocate services in the area served by the local child fatality review team.
(B) A guardian ad litem who provides guardian ad litem services in the area served by the local child fatality review team.
Sec. 6. If the local child fatality review team is a regional child fatality review team, more than one (1) of each of the members listed in section 4 of this chapter may serve on the local child fatality review team if each of the members represents a different county served by the local child fatality review team.
Sec. 7. Not later than ninety (90) days after the first meeting of the child fatality committee, the prosecuting attorney of the county or prosecuting attorney's representative shall submit a report to the state child fatality review coordinator that includes the following information:
(1) Whether the child fatality committee established a:
(A) county child fatality review team; or
(B) regional child fatality review team.
(2) The names and contact numbers of all of the members of the local child fatality review team.
(3) Whether the child fatality committee will or has entered into a memorandum of understanding described under section 3(3) of this chapter.
(4) Any assistance the child fatality committee would like from the state child fatality review coordinator in forming the local child fatality review team.
Chapter 3. Local Child Fatality Review Teams
Sec. 1. (a) The local child fatality review team shall meet for the first meeting of the local child fatality review team at the call of a prosecuting attorney or prosecuting attorney's representative.
(b) The members of a local child fatality review team shall elect a member to serve as the chairperson at the first meeting.
(c) The members of the local child fatality review team shall meet at the call of the chairperson for all meetings after the first meeting.
Sec. 2. (a) After an individual becomes a member of a local child fatality review team and before the member participates in a review of a child fatality, the member shall:
(1) sign a confidentiality statement prepared by the state child fatality review coordinator under IC 16-49-5-2;
(2) review the purpose and goal of the local child fatality review team; and
(3) review the data collection form developed by the state child fatality review coordinator under IC 16-49-5-2.
(b) Any individuals who are invited by the chairperson to attend a meeting of a local child fatality review team shall sign a confidentiality statement prepared by the state child fatality review coordinator under IC 16-49-5-2.
(c) A local child fatality review team may:
(1) appoint additional members to the local child fatality review team as provided in IC 16-49-2-5; and
(2) if there is a vacancy on the local child fatality review team, appoint an individual to fill the vacancy.
Sec. 3. (a) A local child fatality review team shall review the death of a child that occurred in the area served by the local child fatality review team if:
(1) the death of the child is:
(A) sudden;
(B) unexpected;
(C) unexplained; or
(D) assessed by the department of child services for alleged abuse or neglect that resulted in the death of the child; or
(2) the coroner in the area served by the local child fatality review team determines that the cause of the death of the child is:
(A) undetermined; or
(B) the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a), the local child fatality review team may review all applicable
records and information related to the death of the child, including
the following:
(1) Records held by the:
(A) local or state health department; and
(B) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(c) Except as otherwise provided under this article, information
and records acquired by the local child fatality review team in the
exercise of its duties under this chapter are confidential and
exempt from disclosure.
(d) Records, information, documents, and reports acquired or
produced by a local child fatality review team are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is
otherwise discoverable or admissible from original sources is not
immune from discovery or use in any proceeding merely because
the information was presented during proceedings before a local
child fatality review team.
Sec. 4. The local child fatality review team shall review the
death certificate of a child received from a local health officer to
determine if the local child fatality review team is required to
review the death of the child as required under section 3 of this
chapter.
Sec. 5. (a) Subject to IC 34-30-15, if the local child fatality
review team requests records from a hospital, physician, coroner,
law enforcement officer, or mental health professional regarding
a death that the local child fatality review team is reviewing, the
hospital, physician, coroner, law enforcement officer, or mental
health professional shall provide the requested records to the local
child fatality review team.
(b) A person who provides records in accordance with
subsection (a) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of such
disclosure.
Sec. 6. In reviewing the death of a child under this chapter, the
local child fatality review team shall:
(1) identify the factors that surrounded or contributed to the
death of the child;
(2) determine whether similar deaths could be prevented in
the future;
(3) if applicable, identify:
(A) agencies and entities that should be involved; and
(B) any other resources that should be used;
to adequately prevent future deaths of children; and
(4) if applicable, identify solutions to improve practice and
policy and enhance coordination.
Sec. 7. (a) A local child fatality review team shall prepare and
release a report that may include the following information:
(1) A summary of the data collected regarding the reviews
conducted by the local child fatality review team.
(2) Actions recommend by the local child fatality review team
to prevent injuries to children and child deaths in the area
served by the local child fatality review team.
(3) Solutions proposed for system inadequacies.
(b) A report released under this section may not contain
identifying information relating to the fatalities reviewed by the
local child fatality review team.
(c) Except as otherwise provided in this article, review data
concerning a child fatality is confidential and may not be released.
(d) A local child fatality review team may prepare and release
a joint report for the report required by subsection (a) with
another child fatality review team if the local child fatality review
team reviewed fewer than two (2) child fatalities in the previous
calendar year.
Sec. 8. (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 must be
held as executive sessions.
(c) If an executive session is held under subsection (b), each
invitee 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 state child fatality review coordinator under IC 16-49-5-2. The chairperson of the local child fatality review team shall keep all confidentiality statements signed under this subsection.
Sec. 9. Members of a local child fatality review team and individuals who attend a meeting of a local child fatality review team as invitees 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.
Sec. 10. The chairperson of a local child fatality review team or the chairperson's designee shall do the following:
(1) Prepare the agenda for each meeting.
(2) Provide notices of meetings to all members of the local child fatality review team.
(3) Maintain confidentiality forms signed in accordance with sections 2(a)(1) and 8(c) of this chapter.
(4) Ensure all new members of the child fatality review team and invitees sign the confidentiality forms as required under sections 2(a)(1) and 8(c) of this chapter.
(5) Record all review data regarding the death of a child using the data collection tools provided by the state child fatality review coordinator and enter the information into the electronic data collection system.
(6) Attend training on the data collection tools.
(7) Serve as a liaison between the local child fatality review team and the:
(A) statewide child fatality review committee; and
(B) state child fatality review coordinator.
(8) Ensure compliance with section 8 of this chapter.
(9) Upon the conclusion of a review of a child fatality, destroy all records, information, and documents obtained by the local
child fatality review team under section 5 of this chapter.
Sec. 11. The department of child services shall have access to all
data submitted by a local child fatality review team, including
access to the electronic data collection system, to assist the
department of child services in preparing the report required
under IC 31-25-2-24.
Sec. 12. A local child fatality review team is subject to the
confidentiality provisions of IC 31-33-18 applying to records held
by the local child fatality review team.
Sec. 13. The discussions, determinations, conclusions, and
recommendations of a local child fatality review team, or its
members, concerning a review of a child fatality at a meeting of the
local child fatality review team:
(1) are privileged; and
(2) are not:
(A) subject to subpoena or discovery; or
(B) admissible as evidence;
in any judicial or administrative proceeding.
Chapter 4. Statewide Child Fatality Review Committee
Sec. 1. The statewide child fatality review committee is
established to:
(1) identify similarities, trends, and factual patterns
concerning the deaths of children in Indiana;
(2) create strategies and make recommendations for the
prevention of injuries to and deaths of children;
(3) provide expertise, consultation, guidance, and training to
local child fatality review teams; and
(4) advise and educate the legislature, governor, and public on
the status of child fatalities in Indiana.
Sec. 2. 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 the state department who:
(A) is a licensed physician; and
(B) specializes in injury prevention.
(3) A representative of a:
(A) local health department established under IC 16-20-2;
or
(B) multiple county health department established under
IC 16-20-3.
(4) A pediatrician.
(5) A representative of law enforcement who has experience
in investigating child deaths.
(6) A representative from an emergency medical services
provider.
(7) The director or a representative of the department of child
services.
(8) A representative of a prosecuting attorney who has
experience in prosecuting child abuse.
(9) A pathologist who is:
(A) certified by the American Board of Pathology in
forensic pathology; and
(B) licensed to practice medicine in Indiana.
(10) A mental health provider.
(11) A representative of a child abuse prevention program.
(12) A representative of the department of education.
(13) An epidemiologist.
(14) The state child fatality review coordinator.
(15) At the discretion of the department of child services
ombudsman, a representative of the office of the department
of child services ombudsman established by IC 4-13-19-3.
Sec. 3. All members of the statewide child fatality review
committee and any individuals invited to attend a meeting of the
statewide child fatality review committee shall sign a
confidentiality statement prepared by the state child fatality review
coordinator.
Sec. 4. The statewide child fatality review committee shall do the
following:
(1) Compile and analyze data recorded by local child fatality
review teams in reviewing child fatalities.
(2) Review child mortality records and examine all other
records relevant to child fatalities in Indiana.
(3) Assist efforts by local child fatality review teams by:
(A) overseeing the creation of standardized forms and
protocols necessary for the review of child deaths;
(B) providing expertise by answering questions related to
a child's death that a local child fatality review team is
reviewing;
(C) establishing and sponsoring training programs for
members of local child fatality review teams; and
(D) providing, upon request of a local child fatality review
team, expertise in creating local prevention strategies.
(4) Upon request by a local child fatality review team or the
department of child services ombudsman established by
IC 4-13-19-3, assist in or conduct a review of the death of a
child as provided under section 5 of this chapter.
(5) Create strategies and make recommendations for the
safety of children and prevention of serious injuries or deaths
of children.
Sec. 5. (a) Upon request by a local child fatality review team or
the department of child services ombudsman established by
IC 4-13-19-3, the statewide child fatality review committee shall
assist a local child fatality review team or conduct a review of the
death of a child that occurred in Indiana if:
(1) the death of the child is:
(A) sudden;
(B) unexpected;
(C) unexplained; or
(D) assessed by the department of child services for alleged
abuse or neglect that resulted in the death of the child; or
(2) the coroner in the area in which the child's death occurred
determines that the cause of the death of the child is:
(A) undetermined; or
(B) the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a),
the statewide child fatality review committee may review all
applicable records and information related to the death of the
child, including the following:
(1) Records held by the:
(A) local or state health department; and
(B) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(c) Subject to IC 34-30-15, if the statewide child fatality review
committee requests records from a hospital, physician, coroner,
law enforcement officer, or mental health professional regarding
a death that the statewide child fatality review committee is
investigating, the hospital, physician, coroner, law enforcement
officer, or mental health professional shall provide the requested
records to the statewide child fatality review committee.
(d) A person who provides records in accordance with
subsection (c) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of such disclosure.
(e) Except as otherwise provided in this article, information and records acquired by the statewide child fatality review committee in the exercise of its duties under this chapter are confidential and exempt from disclosure.
(f) Records, information, documents, and reports acquired or produced by the statewide child fatality review committee are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the statewide child fatality review committee.
Sec. 6. In reviewing the death of a child under this chapter, the statewide child fatality review committee shall:
(1) identify the factors that surrounded or contributed to the death of the child;
(2) determine whether similar deaths could be prevented in the future;
(3) if applicable, identify:
(A) agencies and entities that should be involved; and
(B) any other resources that should be used;
to adequately prevent future deaths of children; and
(4) if applicable, identify solutions to improve practice and policy and enhance coordination.
Sec. 7. (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.
Sec. 8. The chairperson of the statewide child fatality review committee shall do the following:
(1) Work with the state child fatality review coordinator to prepare the agenda for each meeting of the statewide child fatality review committee.
(2) Work with the state child fatality review coordinator to:
(A) prepare the annual report of the statewide child fatality review committee described in section 11 of this
chapter; and
(B) ensure compliance with section 9 of this chapter.
(3) Upon the conclusion of a review of a child fatality, destroy
all records, information, and documents obtained by the
statewide child fatality review committee under section 5 of
this chapter.
Sec. 9. (a) Except as provided in subsection (b), meetings of the
statewide child fatality review committee are open to the public.
(b) 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 invitee 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 state child
fatality review coordinator.
Sec. 10. Members of the statewide child fatality review
committee and individuals who attend a meeting of the statewide
child fatality review committee as invitees 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.
Sec. 11. (a) The statewide child fatality review committee shall
submit to the legislative council, governor, department of child
services, state department, and commission on improving the
status of children in Indiana on or before December 31 of each
year a report that includes the following information:
(1) A summary of the data collected and reviewed by the statewide child fatality review committee in the previous calendar year.
(2) Trends and patterns that have been identified by the statewide child fatality review committee concerning deaths of children in Indiana.
(3) Recommended actions or resources to prevent future child fatalities in Indiana.
A report submitted under this section to the legislative council must be in an electronic format under IC 5-14-6.
(b) The statewide child fatality review committee shall provide a copy of a report submitted under this section to a member of the public upon request.
(c) The state department shall make the report available on the state department's Internet web site.
Sec. 12. (a) A report released under this section 11 of this chapter may not contain identifying information relating to the fatalities reviewed by the statewide child fatality review committee or any local child fatality review team.
(b) Except as otherwise provided in this article, review data concerning a child fatality are confidential and may not be released.
Sec. 13. The discussions, determinations, conclusions, and recommendations of the statewide child fatality review committee or its members, concerning a review of a child fatality, at a meeting of the statewide child fatality review committee:
(1) are privileged; and
(2) are not:
(A) subject to subpoena or discovery; or
(B) admissible as evidence;
in any judicial or administrative proceeding.
Sec. 14. A member of the statewide child fatality review committee is not entitled to receive compensation or per diem but is entitled to receive mileage on the days on which the member is engaged in the business of the statewide child fatality review committee.
Sec. 15. The statewide child fatality review committee is subject to the confidentiality provisions of IC 31-33-18 applying to records held by the statewide child fatality review committee.
Chapter 5. State Child Fatality Review Coordinator
Sec. 1. The state department shall employ a state child fatality review coordinator to do the following:
(1) Assist the statewide child fatality review committee chairperson in establishing agendas for meetings of the statewide child fatality review committee.
(2) Coordinate information and materials for the meetings of the statewide child fatality review committee.
(3) Compile raw data for presentation to the statewide child fatality review committee.
(4) Contact the appropriate individuals if any issues with the electronic data collection system occur.
(5) Record information concerning child fatality reviews conducted by the statewide child fatality review committee in the electronic data collection system.
(6) Record and compile recommendations by the statewide child fatality review committee for the prevention of child fatalities and investigate available prevention resources.
(7) Work with the chairperson of the statewide child fatality review committee to prepare the annual report described in IC 16-49-4-11.
(8) Facilitate distribution of the annual report described in IC 16-49-4-11.
(9) Represent the state of Indiana at national meetings concerning child fatalities and child fatality reviews.
(10) Assist local child fatality review teams by:
(A) assisting with the establishment of local child fatality review teams;
(B) acting as a liaison between the statewide child fatality review committee and local child fatality review teams;
(C) creating and providing forms, including the data collection form described in section 2 of this chapter, for local child fatality review teams and the statewide child fatality review committee;
(D) developing protocols for meetings of and fatality reviews conducted by local child fatality review teams;
(E) providing data collection tools that include collecting and storing:
(i) identifying and nonidentifying information;
(ii) information concerning the circumstances surrounding the death of a child;
(iii) information concerning factors that contributed to the death of a child; and
(iv) information concerning findings and recommendations regarding the death of a child by the
local child fatality review team;
(F) providing training on data collection and technical
assistance for the electronic data collection system;
(G) providing information on the prevention of child
fatalities; and
(H) obtaining death certificates for local child fatality
review teams if necessary.
(11) Coordinate local or statewide training related to child
fatality review.
(12) Maintain all confidentiality statements signed in
accordance with IC 16-49-4-9.
(13) Attend meetings of the commission on improving the
status of children in Indiana, established by IC 2-5-36-3, as
requested by the chairperson of the commission.
Sec. 2. (a) The state child fatality review coordinator 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 that include the following
information:
(A) Whether similar future deaths could be prevented.
(B) A list of:
(i) agencies and entities that should be involved; and
(ii) any other resources that should be used;
to adequately prevent future child deaths in the area.
(b) The state child fatality review coordinator shall develop a
confidentiality form for use by the statewide child fatality review
committee and local child fatality review teams.
Sec. 3. The following must be paid from funds appropriated to
the state department:
(1) The salary of the state child fatality review coordinator.
(2) Expenses for any training for:
(A) the state child fatality review coordinator;
(B) members of the statewide child fatality review
committee; and
(C) members of local child fatality review teams.
(3) Other expenses related to the duties of the state child
fatality review coordinator.
IC 31-33-24, has the meaning set forth in IC 31-33-24-2.
(b) "Emergency medical services", for purposes of IC 31-33-25, has
the meaning set forth in IC 31-33-25-2.
(b) A citizen review panel consists of volunteer members who broadly represent the community in which the panel is established, including members who have expertise in the prevention and treatment of child abuse and neglect.
(c) The department shall appoint the citizen review panels in the following manner:
(1) One (1) panel must be a community child protection team established in a county under IC 31-33-3-1, selected by the director of the department with the consent of the team.
(2) One (1) panel must be either:
(A) the statewide child fatality review committee established under
(B) a local child fatality review team established under
selected by the director of the department with the consent of the committee or team.
(3) One (1) panel must be a foster care advisory panel consisting
of at least five (5) and not more than eleven (11) members,
selected to the extent feasible from the membership of any foster
care advisory group previously established or recognized by the
department. If the panel consists of seven (7) or fewer members,
the panel must include at least one (1) foster parent licensed by
the department and one (1) foster parent licensed by the
department through a child placing agency licensed under
IC 31-27-6. If the panel consists of more than seven (7) members,
the panel must include two (2) foster parents licensed by the
department and two (2) foster parents licensed by the department
through a child placing agency licensed under IC 31-27-6.
Additional members of the panel must include one (1) or more
individuals who are employed by a child placing agency licensed
under IC 31-27-6 and who provide services to foster families and
children placed by the department in out-of-home placements,
and may include other representatives of child welfare service
providers or persons who provide training to current or
prospective foster parents. All members of this panel must be
individuals who are not employees of the department.
(4) The membership of any additional citizen review panels
established under this section shall be determined by the director
of the department, consistent with the guidelines for panel
membership stated in subsection (b) and the purposes and
functions of the panels as described in this section.
(5) Each citizen review panel shall be appointed for a term of
three (3) years beginning July 1, 2007. Upon expiration of the
term of the panel described in subdivision (1), the director of the
department shall select a community child protection team
established in a different county for the succeeding term. Upon
expiration of the term of the panel described in subdivision (2),
the director of the department shall select a different fatality
review team, or committee, if available, for the succeeding term.
Panels appointed under subdivision (3) or (4) may be reappointed
for successive terms, in the discretion of the director of the
department. The director may appoint individuals as needed to fill
vacancies that occur during the term of any panel appointed under
subdivision (3) or (4).
(d) A citizen review panel shall evaluate the extent to which a child
welfare agency is effectively discharging the agency's child protection
responsibilities by examining:
(1) the policies and procedures of child welfare agencies;
(2) if appropriate, specific child protective services cases; and
(3) other criteria the citizen review panel considers important to ensure the protection of children.
(e) Each citizen review panel shall:
(1) meet at least one (1) time every three (3) months; and
(2) prepare and make available to the department and the public an annual report that contains a summary of the activities of the citizen review panel.
(f) The department shall, not more than six (6) months after the date the department receives a report from a citizen review panel under subsection (e), submit to the citizen review panel a written response indicating whether and how the department will incorporate the recommendations of the citizen review panel. The department shall at the same time provide appropriate child welfare agencies with copies of the department's written response.
(g) A child welfare agency shall make all reports and other materials in the child welfare agency's possession available to a citizen review panel established under this section, including any reports and materials that the child welfare agency has received from other agencies.
(h) A member of a citizen review panel may not disclose to a person or government official any identifying information that is provided to the citizen review panel about:
(1) a specific child protective services case or child welfare agency case;
(2) a child or member of the child's family who is the subject of a child protective services assessment; or
(3) any other individuals identified in confidential reports, documents, or other materials.
(i) If a member of a citizen review panel violates subsection (h), the department may remove the member from the citizen review panel.
(j) A child welfare agency shall cooperate and work with each citizen review panel established under this section.
(1) A summary of the information gathered concerning child fatalities resulting from abuse or neglect.
(2) Demographic information regarding victims, perpetrators, and households involved in child fatalities resulting from
abuse or neglect.
(3) An analysis of the primary risk factors involved in child
fatalities resulting from abuse or neglect.
(4) A summary of the most frequent causes of child fatalities
resulting from abuse or neglect.
(5) A description of the manner in which the information was
assembled.
The department shall post the report prepared under this section
on the department's Internet web site.
(1) Reports made under this article (or IC 31-6-11 before its repeal).
(2) Any other information obtained, reports written, or photographs taken concerning the reports in the possession of:
(A) the division of family resources;
(B) the local office;
(C) the department; or
(D) the department of child services ombudsman established by IC 4-13-19-3.
(b) Except as provided in section 1.5 of this chapter, all records held by:
(1) the division of family resources;
(2) a local office;
(3) the department;
(4) a local child fatality review team established under
(5) the statewide child fatality review committee established under
(6) the department of child services ombudsman established by IC 4-13-19-3;
regarding the death of a child determined to be a result of abuse, abandonment, or neglect are confidential and may not be disclosed.
(1) a local office;
(2) the department; or
IC 31-33-24;
(4) the statewide child fatality review committee established
under IC 31-33-25; or
(5) (3) the department of child services ombudsman established
by IC 4-13-19-3;
regarding a child whose death or near fatality may have been the result
of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death or near fatality
may have been the result of abuse, abandonment, or neglect if:
(1) an entity described in subsection (a) determines that the child's
death or near fatality is the result of abuse, abandonment, or
neglect; or
(2) a prosecuting attorney files:
(A) an indictment or information; or
(B) a complaint alleging the commission of a delinquent act;
that, if proven, would cause a reasonable person to believe that
the child's death or near fatality may have been the result of
abuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court
exercising juvenile jurisdiction in the county in which the child's death
or near fatality occurred shall determine whether the allegations
contained in the indictment, information, or complaint described in
subdivision (2), if proven, would cause a reasonable person to believe
that the child's death or near fatality may have been the result of abuse,
abandonment, or neglect.
(c) If the juvenile court finds that the child's death or near fatality
was the result of abuse, abandonment, or neglect, the court shall make
written findings and provide a copy of the findings and the indictment,
information, or complaint described under subsection (b)(2) to the
department.
(d) As used in this section:
(1) "case" means:
(A) any intake report generated by the department;
(B) any investigation or assessment conducted by the
department; or
(C) ongoing involvement between the department and a child
or family that is the result of:
(i) a program of informal adjustment; or
(ii) a child in need of services action;
for which related records and documents have not been expunged
as required by law or by a court at the time the department is
notified of a fatality or near fatality;
(2) "contact" means in person communication about a case in which:
(A) the child who is the victim of a fatality or near fatality is alleged to be a victim; or
(B) the perpetrator of the fatality or near fatality is alleged to be the perpetrator;
(3) "identifying information" means information that identifies an individual, including an individual's:
(A) name, address, date of birth, occupation, place of employment, and telephone number;
(B) employer identification number, mother's maiden name, Social Security number, or any identification number issued by a governmental entity;
(C) unique biometric data, including the individual's fingerprint, voice print, or retina or iris image;
(D) unique electronic identification number, address, or routing code;
(E) telecommunication identifying information; or
(F) telecommunication access device, including a card, a plate, a code, an account number, a personal identification number, an electronic serial number, a mobile identification number, or another telecommunications service or device or means of account access; and
(4) "near fatality" has the meaning set forth in 42 U.S.C. 5106a.
(e) Unless information in a record is otherwise confidential under state or federal law, a record described in subsection (a) that has been redacted in accordance with this section is not confidential and may be disclosed to any person who requests the record. The person requesting the record may be required to pay the reasonable expenses of copying the record.
(f) When a person requests a record described in subsection (a), the entity having control of the record shall immediately transmit a copy of the record to the court exercising juvenile jurisdiction in the county in which the death or near fatality of the child occurred. However, if the court requests that the entity having control of a record transmit the original record, the entity shall transmit the original record.
(g) Upon receipt of the record described in subsection (a), the court shall, within thirty (30) days, redact the record to exclude:
(1) identifying information described in subsection (d)(3)(B) through (d)(3)(F) of a person; and
(2) all identifying information of a child less than eighteen (18) years of age.
(h) The court shall disclose the record redacted in accordance with subsection (g) to any person who requests the record, if the person has paid:
(1) to the entity having control of the record, the reasonable expenses of copying under IC 5-14-3-8; and
(2) to the court, the reasonable expenses of copying the record.
(i) The data and information in a record disclosed under this section must include the following:
(1) A summary of the report of abuse or neglect and a factual description of the contents of the report.
(2) The date of birth and gender of the child.
(3) The cause of the fatality or near fatality, if the cause has been determined.
(4) Whether the department had any contact with the child or the perpetrator before the fatality or near fatality, and, if the department had contact, the following:
(A) The frequency of the contact with the child or the perpetrator before the fatality or near fatality and the date on which the last contact occurred before the fatality or near fatality.
(B) A summary of the status of the child's case at the time of the fatality or near fatality, including:
(i) whether the child's case was closed by the department before the fatality or near fatality; and
(ii) if the child's case was closed as described under item (i), the date of closure and the reasons that the case was closed.
(j) The court's determination under subsection (g) that certain identifying information or other information is not relevant to establishing the facts and circumstances leading to the death or near fatality of a child is not admissible in a criminal proceeding or civil action.
(1) Persons authorized by this article.
(2) A legally mandated public or private child protective agency investigating a report of child abuse or neglect or treating a child or family that is the subject of a report or record.
(3) A police or other law enforcement agency, prosecuting
attorney, or coroner in the case of the death of a child who is
investigating a report of a child who may be a victim of child
abuse or neglect.
(4) A physician who has before the physician a child whom the
physician reasonably suspects may be a victim of child abuse or
neglect.
(5) An individual legally authorized to place a child in protective
custody if:
(A) the individual has before the individual a child whom the
individual reasonably suspects may be a victim of abuse or
neglect; and
(B) the individual requires the information in the report or
record to determine whether to place the child in protective
custody.
(6) An agency having the legal responsibility or authorization to
care for, treat, or supervise a child who is the subject of a report
or record or a parent, guardian, custodian, or other person who is
responsible for the child's welfare.
(7) An individual named in the report or record who is alleged to
be abused or neglected or, if the individual named in the report is
a child or is otherwise incompetent, the individual's guardian ad
litem or the individual's court appointed special advocate, or both.
(8) Each parent, guardian, custodian, or other person responsible
for the welfare of a child named in a report or record and an
attorney of the person described under this subdivision, with
protection for the identity of reporters and other appropriate
individuals.
(9) A court, for redaction of the record in accordance with section
1.5 of this chapter, or upon the court's finding that access to the
records may be necessary for determination of an issue before the
court. However, except for disclosure of a redacted record in
accordance with section 1.5 of this chapter, access is limited to in
camera inspection unless the court determines that public
disclosure of the information contained in the records is necessary
for the resolution of an issue then pending before the court.
(10) A grand jury upon the grand jury's determination that access
to the records is necessary in the conduct of the grand jury's
official business.
(11) An appropriate state or local official responsible for child
protection services or legislation carrying out the official's official
functions.
(12) A foster care review board established by a juvenile court
under IC 31-34-21-9 (or IC 31-6-4-19 before its repeal) upon the
court's determination that access to the records is necessary to
enable the foster care review board to carry out the board's
purpose under IC 31-34-21.
(13) The community child protection team appointed under
IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
enable the team to carry out the team's purpose under IC 31-33-3.
(14) A person about whom a report has been made, with
protection for the identity of:
(A) any person reporting known or suspected child abuse or
neglect; and
(B) any other person if the person or agency making the
information available finds that disclosure of the information
would be likely to endanger the life or safety of the person.
(15) An employee of the department, a caseworker, or a juvenile
probation officer conducting a criminal history check under
IC 31-26-5, IC 31-34, or IC 31-37 to determine the
appropriateness of an out-of-home placement for a:
(A) child at imminent risk of placement;
(B) child in need of services; or
(C) delinquent child.
The results of a criminal history check conducted under this
subdivision must be disclosed to a court determining the
placement of a child described in clauses (A) through (C).
(16) A local child fatality review team established under
IC 31-33-24-6. IC 16-49-2.
(17) The statewide child fatality review committee established by
IC 31-33-25-6. IC 16-49-4.
(18) The department.
(19) The division of family resources, if the investigation report:
(A) is classified as substantiated; and
(B) concerns:
(i) an applicant for a license to operate;
(ii) a person licensed to operate;
(iii) an employee of; or
(iv) a volunteer providing services at;
a child care center licensed under IC 12-17.2-4 or a child care
home licensed under IC 12-17.2-5.
(20) A citizen review panel established under IC 31-25-2-20.4.
(21) The department of child services ombudsman established by
IC 4-13-19-3.
(22) The state superintendent of public instruction with protection
for the identity of:
(A) any person reporting known or suspected child abuse or
neglect; and
(B) any other person if the person or agency making the
information available finds that disclosure of the information
would be likely to endanger the life or safety of the person.
(23) The state child fatality review coordinator employed by
the state department of health under IC 16-49-5-1.
the statewide child fatality review committee or a person who attends
a meeting of the statewide child fatality review committee as an invitee
of the chairperson).
(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there is no address the location where the dead body was found and, if different, the address where the death occurred, or if there is no address the location where the death occurred.
(3) The name of the agency to which the death was reported and the name of the person reporting the death.
(4) The name of any public official or governmental employee present at the scene of the death and the name of the person certifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed) limited to the date, the person who performed the autopsy, where the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the person determining the location to which the body was removed, and the authority under which the decision to remove the body was made.
(7) The records required to be filed by a coroner under section 6 of this chapter and the verdict and the written report required under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an
investigatory record from a law enforcement agency shall treat the
investigatory record with the same confidentiality as the law
enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of a parent of the decedent, an adult child of
the decedent, a next of kin of the decedent, or an insurance company
investigating a claim arising from the death of the individual upon
whom the autopsy was performed. A parent of the decedent, an adult
child of the decedent, a next of kin of the decedent, and an insurance
company are prohibited from publicly disclosing any information
contained in the report beyond that information that may otherwise be
disclosed by a coroner under this section. This prohibition does not
apply to information disclosed in communications in conjunction with
the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of:
(1) the director of the division of disability and rehabilitative
services established by IC 12-9-1-1;
(2) the director of the division of mental health and addiction
established by IC 12-21-1-1; or
(3) the director of the division of aging established by
IC 12-9.1-1-1;
in connection with a division's review of the circumstances surrounding
the death of an individual who received services from a division or
through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to:
(1) the department of child services established by IC 31-25-1-1,
including an office of the department located in the county where
the death occurred;
(2) the statewide child fatality review committee established by
IC 31-33-25-6; IC 16-49-4; or
(3) a county child fatality review team or regional child fatality
review team established under IC 31-33-24-6 by the county or
IC 16-49-2 for the county area where the death occurred;
for purposes of an entity described in subdivisions (1) through (3)
conducting a review or an investigation of the circumstances
surrounding the death of a child (as defined in IC 31-9-2-13(d)(1))
IC 16-49-1-2) and making a determination as to whether the death of
the child was a result of abuse, abandonment, or neglect. An autopsy
report made available under this subsection is confidential and shall not
be disclosed to another individual or agency, unless otherwise
authorized or required by law.
(f) Except as provided in subsection (g), the information required to
be available under subsection (a) must be completed not later than
fourteen (14) days after the completion of:
(1) the autopsy report; or
(2) if applicable, any other report, including a toxicology report,
requested by the coroner as part of the coroner's investigation;
whichever is completed last.
(g) The prosecuting attorney may petition a circuit or superior court
for an order prohibiting the coroner from publicly disclosing the
information required in subsection (a). The prosecuting attorney shall
serve a copy of the petition on the coroner.
(h) Upon receipt of a copy of the petition described in subsection
(g), the coroner shall keep the information confidential until the court
rules on the petition.
(i) The court shall grant a petition filed under subsection (g) if the
prosecuting attorney proves by a preponderance of the evidence that
public access or dissemination of the information specified in
subsection (a) would create a significant risk of harm to the criminal
investigation of the death. The court shall state in the order the reasons
for granting or denying the petition. An order issued under this
subsection must use the least restrictive means and duration possible
when restricting access to the information. Information to which access
is restricted under this subsection is confidential.
(j) Any person may petition the court to modify or terminate an
order issued under subsection (i). The petition for modification or
termination must allege facts demonstrating that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death.
The person petitioning the court for modification or termination shall
serve a copy of the petition on the prosecuting attorney and the coroner.
(k) Upon receipt of a petition for modification or termination filed
under subsection (j), the court may:
(1) summarily grant, modify, or dismiss the petition; or
(2) set the matter for hearing.
If the court sets the matter for hearing, upon the motion of any party or upon the court's own motion, the court may close the hearing to the public.
(l) If the person filing the petition for modification or termination proves by a preponderance of the evidence that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not create a significant risk to the criminal investigation of the death;
the court shall modify or terminate its order restricting access to the information. In ruling on a request under this subsection, the court shall state the court's reasons for granting or denying the request.
the director's designee, who shall serve as a nonvoting member.
(5) The executive director of the prosecuting attorneys council or
the executive director's designee, who shall serve as a nonvoting
member.
(6) The executive director of the public defenders council or the
executive director's designee, who shall serve as a nonvoting
member.
(7) A provider of foster care services to the department of child
services, who shall serve as a nonvoting member, appointed by
the president pro tempore of the senate.
(8) A provider of residential or group home services to the
department of child services, who shall serve as a nonvoting
member, appointed by the speaker of the house of representatives.
(9) One (1) juvenile or family court judge, who shall serve as a
nonvoting member, appointed by the president pro tempore of the
senate.
(10) One (1) juvenile or family court judge, who shall serve as a
nonvoting member, appointed by the speaker of the house of
representatives.
(e) The affirmative votes of a majority of the voting members of the
committee are required for the committee to take action on any
measure, including final reports.
(f) This SECTION expires December 31, 2013.
Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned
