PUBLIC HEALTH CHILD DEATH REVIEW ACT - ENACTMENT
	Act of Oct. 8, 2008, P.L. 1073, No. 87	Cl. 35

AN ACT

 

Providing for child death review.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Public Health Child Death Review Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child."  An individual 21 years of age and under.

"Child death review data collection system."  A data collection system approved by the National MCH Center for Child Death Review or a similar national organization.

"Department."  The Department of Health of the Commonwealth.

"Local public health child death review team."  A team representing a county or two or more counties comprised of professionals from organizations and local agencies who review cases of child deaths in accordance with protocols established by the State public health child death review team.

"Person in interest."  A person authorized to permit the release of the medical records of a deceased child.

"Program."  The Public Health Child Death Review Program established in section 3.

"State public health child death review team."  A State multidisciplinary team comprised of local professionals and representatives of State agencies who review data submitted by local public health child death review teams, develop protocols for child death reviews and develop child death prevention strategies.

Section 3.  Public Health Child Death Review Program.

(a)  Establishment.--The department shall establish the Public Health Child Death Review Program which shall facilitate State and local multiagency, multidisciplinary teams to examine the circumstances surrounding deaths in this Commonwealth for the purpose of promoting safety and reducing child fatalities.

(b)  Powers and duties.--The department, in cooperation with the State public health child death review team, shall have the following powers and duties in relation to the program:

(1)  Assist in the establishment and coordination of local public health child death review teams.

(2)  Coordinate the collection of child death data, including the development and distribution of a form to be used by local public health child death review teams to report information and procedures for sharing the data with State and local agencies as appropriate.

(3)  Develop protocols to be used in the review of child deaths. These protocols shall not conflict with requirements set forth in 23 Pa.C.S. Ch. 63 (relating to child protective services), including, but not limited to, provisions relating to the review of child fatalities and near fatalities.

(4)  Provide training and technical assistance to local public health child death review teams, local agencies and individuals relating to child deaths.

(5)  Review reports from local public health child death review teams.

(6)  Identify best prevention strategies and activities, including an assessment of the following:

(i)  Effectiveness.

(ii)  Ease of implementation.

(iii)  Cost.

(iv)  Sustainability.

(v)  Potential community support.

(vi)  Unintended consequences.

(7)  Adopt programs, policies, recommendations and strategies based on collected data to prevent child deaths.

(8)  Review statutes and regulations relating to confidentiality and access to information relating to children from agencies responsible for the health and safety of children and propose recommended changes to appropriate Commonwealth agencies and the General Assembly.

(9)  Provide public information and education regarding the incidence and causes of child injury and death and the reduction of risks to children to agencies, health care professionals, child care professionals and the public.

(10)  Submit an annual report to the Governor and the General Assembly by September of each year relating to the activities of the State child death review team, a summary of reports received from local child death review teams and recommendations relating to the reduction of risk of child injury or death.

Section 4.  State public health child death review team.

(a)  Composition.--A State public health child death review team shall be established by the department. The team shall consist of:

(1)  The following individuals or their designees:

(i)  The Secretary of Health, who shall serve as chairman.

(ii)  The Secretary of Public Welfare.

(iii)  The Director of the Office of Children, Youth and Families within the Department of Public Welfare.

(iv)  The Commissioner of the Pennsylvania State Police.

(v)  The Attorney General.

(vi)  The Pennsylvania State Fire Commissioner.

(vii)  The Director of the Bureau of Emergency Medical Services of the Department of Health.

(2)  The following individuals who shall be appointed by the Secretary of Health:

(i)  A physician who specializes in pediatric medicine.

(ii)  A physician who specializes in family medicine.

(iii)  A representative of local law enforcement.

(iv)  A medical examiner.

(v)  A district attorney.

(vi)  A coroner.

(3)  Representatives from local public health child death review teams.

(4)  Any other individual deemed appropriate by the Secretary of Health.

(b)  Powers and duties of the State public health child death review team.--The State public health child death review team shall:

(1)  Review data submitted by local public health child death review teams.

(2)  Develop protocols for child death reviews.

(3)  Develop child death prevention strategies.

(4)  Assist the department in implementing the program.

(c)  Initial meeting.--The initial meeting of the State public health child death review team shall be held within 90 days of the effective date of this section.

(d)  Additional meetings.--The department, in conjunction with the team, shall arrange for additional meetings to fulfill the duties of the team and goals of the program.

 

Compiler's Note:  The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.

Section 5.  Local public health child death review teams.

(a)  Establishment.--Each county in this Commonwealth shall establish a local public health child death review team. Two or more counties may establish a local public health child death review team to operate on a regional basis to satisfy the requirements of this section.

(b)  Local public health child death review team.--Local teams shall be comprised of the following:

(1)  The director of the county children and youth agency or a designee.

(2)  The district attorney or a designee.

(3)  A representative of local law enforcement appointed by the county commissioners.

(4)  A representative of the court of common pleas appointed by the president judge.

(5)  A physician who specializes in pediatric or family medicine appointed by the county commissioners.

(6)  The county coroner or medical examiner.

(7)  A representative of emergency medical services selected jointly by the supervisors of all emergency medical organizations in the county.

(8)  The director of a local public health agency or a designee.

(9)  Any other person deemed appropriate by a majority of the local public health child death review team.

(c)  Chairman.--The members of the local public health child death review team shall elect a chairman annually.

Section 6.  Powers and duties of local public health child death review teams.

(a)  Review.--A local public health child death review team shall review all deaths of children and may review the following information:

(1)  Coroner's reports or postmortem examination records.

(2)  Death certificates and birth certificates.

(3)  Law enforcement records and interviews with law enforcement officials as long as the release of such records will not jeopardize an ongoing criminal investigation or proceeding.

(4)  Medical records from hospitals and other health care providers.

(5)  Information and reports made available by the county children and youth agency in accordance with 23 Pa.C.S. Ch. 63 (relating to child protective services).

(6)  Information made available by firefighters or emergency services personnel.

(7)  Reports and records made available by the court to the extent permitted by law or court rule.

(8)  Reports to animal control.

(9)  EMS records.

(10)  Traffic fatality reports.

(11)  Any other records necessary to conduct the review.

(b)  Data collection.--The local public health child death review team shall utilize the child death review data collection system to report its findings in accordance with protocols established by the State public health child death review team. The name and home address of the deceased child shall not be reported to the child death review data collection system.

(c)  Reports.--A local public health child death review team shall submit annual reports on deaths reviewed to the State public health child death review team. The report shall include the following:

(1)  Identification of factors which cause a risk for injury and death, including modifiable risk factors.

(2)  Recommendations regarding the following:

(i)  The improvement of health and safety policies in this Commonwealth.

(ii)  The coordination of services and investigations by child welfare agencies, medical officials, law enforcement and other agencies.

(3)  Any other information required by the department.

(d)  Recommendations.--A local public health child death review team shall make recommendations to local agencies relating to the procedures and other actions to reduce injury and death of children.

Section 7.  Access to records.

(a)  Juvenile records.--When deemed necessary for its review, a State or local public health child death review team may review and inspect all files and records of the court relating to a child pursuant to a proceeding under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) in accordance with 42 Pa.C.S. § 6307 (relating to inspection of court files and records). However, this subsection shall not apply to files and records of the court subject to a child fatality or near fatality review pursuant to 23 Pa.C.S. Ch. 63 (relating to child protective services).

(b)  Medical records.--Notwithstanding any other provision of law and consistent with the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936), health care facilities and health care providers shall provide medical records of a child under review without the authorization of a person in interest to the State public health child death review team and to a local public health child death review team for purposes of review under this act.

(c)  Other records.--Other records pertaining to the child under review for the purposes of this act shall be open to inspection as permitted by law.

Section 8.  Confidentiality.

(a)  Maintenance.--State and local public health child death review teams shall maintain the confidentiality of any identifying information obtained relating to the death of a child, including the name of the child, guardians, family members, caretakers or alleged or suspected perpetrators of abuse, neglect or a criminal act.

(b)  Agreement.--Each member of the State and local public health child death review team and any person appearing before the team shall sign a confidentiality agreement applicable to all proceedings and reviews conducted by the State or local public health child death review team.

(c)  Liability.--An individual or agency that in good faith provides information or records to a State or local public health child death review team shall not be subject to civil or criminal liability as a result of providing the information or record.

(d)  Discovery.--The proceedings, deliberations and records of a State or local public health child death review team are privileged and confidential and shall not be subject to discovery, subpoena or introduction into evidence in any civil or criminal action.

(e)  Meetings.--Meetings of the State or local public health child death review team at which a specific child death is discussed shall be closed to the public and shall not be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(f)  Attendance.--Nothing in this act shall prevent a State or local public health child death review team from allowing the attendance of a person, including a parent, with information relevant to a review, at a child death review meeting.

(g)  Penalty.--A person who violates the provisions of this section commits a misdemeanor of the third degree.

Section 20.  Regulations.

The department shall promulgate regulations as necessary to carry out the purposes of this act.

Section 21.  Effective date.

This act shall take effect in 90 days.