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        PRIOR PRINTER'S NO. 940                       PRINTER'S NO. 2097

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 823 Session of 2007


        INTRODUCED BY DERMODY, SOLOBAY, KILLION, MELIO, PALLONE, HARHAI,
           KOTIK, DALEY, WOJNAROSKI, READSHAW, MANN, SAYLOR, SIPTROTH,
           SAINATO, MUNDY, WALKO, PETRARCA, M. SMITH, BELFANTI, JOSEPHS,
           FRANKEL, CALTAGIRONE, KULA, HORNAMAN, DeLUCA, K. SMITH,
           YOUNGBLOOD, MURT, JAMES AND KORTZ, MARCH 19, 2007

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 26, 2007

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, further providing, in child protective
     3     services, for definitions, FOR IMMUNITY FROM LIABILITY, for    <--
     4     release of information in confidential reports, FOR STUDIES    <--
     5     OF DATA IN RECORDS, for investigating performance of county
     6     agencies, for citizen review panels, for child abuse services
     7     and for reporting.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  The definition of "nonaccidental" in section
    11  6303(a) of Title 23 of the Pennsylvania Consolidated Statutes,    <--
    12  added November 9, 2006 (P.L.1358, No.146), is amended and the
    13  subsection is amended by adding a definition to read:
    14  § 6303.  Definitions.
    15     (a)  General rule.--The following words and phrases when used
    16  in this chapter shall have the meanings given to them in this
    17  section unless the context clearly indicates otherwise:
    18     * * *


     1     "Children's advocacy center."  A local public agency in this
     2  Commonwealth and a not-for-profit entity incorporated in this
     3  Commonwealth which:
     4         (1)  is tax exempt under section 501(c)(3) of the
     5     Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
     6     501(c)(3)); and
     7         (2)  operates within this Commonwealth for the primary
     8     purpose of providing a child-focused, facility-based program
     9     dedicated to coordinating a formalized multidisciplinary
    10     response to suspected child abuse that, at a minimum, either
    11     onsite or through a partnership with another entity or
    12     entities, assists county agencies, investigative teams and
    13     law enforcement by providing services, including forensic
    14     interviews, medical evaluations, therapeutic interventions,
    15     victim support and advocacy, team case reviews and a system
    16     for case tracking.
    17     * * *
    18     "Nonaccidental."  [An injury that is the result of] Resulting
    19  from an intentional act that is committed with disregard of a
    20  substantial and unjustifiable risk.
    21     * * *
    22     SECTION 1.1.  SECTION 6318(A) OF TITLE 23 IS AMENDED TO READ:  <--
    23  § 6318.  IMMUNITY FROM LIABILITY.
    24     (A)  GENERAL RULE.--A PERSON, HOSPITAL, INSTITUTION, SCHOOL,
    25  FACILITY, AGENCY OR AGENCY EMPLOYEE THAT PARTICIPATES IN GOOD
    26  FAITH IN THE MAKING OF A REPORT, WHETHER REQUIRED OR NOT,
    27  COOPERATING WITH AN INVESTIGATION, INCLUDING PROVIDING
    28  INFORMATION TO A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM,
    29  TESTIFYING IN A PROCEEDING ARISING OUT OF AN INSTANCE OF
    30  SUSPECTED CHILD ABUSE, THE TAKING OF PHOTOGRAPHS OR THE REMOVAL
    20070H0823B2097                  - 2 -     

     1  OR KEEPING OF A CHILD PURSUANT TO SECTION 6315 (RELATING TO
     2  TAKING CHILD INTO PROTECTIVE CUSTODY), AND ANY OFFICIAL OR
     3  EMPLOYEE OF A COUNTY AGENCY WHO REFERS A REPORT OF SUSPECTED
     4  ABUSE TO LAW ENFORCEMENT AUTHORITIES OR PROVIDES SERVICES UNDER
     5  THIS CHAPTER, SHALL HAVE IMMUNITY FROM CIVIL AND CRIMINAL
     6  LIABILITY THAT MIGHT OTHERWISE RESULT BY REASON OF THOSE
     7  ACTIONS.
     8     * * *
     9     Section 2.  Section 6340(a) of Title 23 is amended by adding
    10  a paragraph to read:
    11  § 6340.  Release of information in confidential reports.
    12     (a)  General rule.--Reports specified in section 6339
    13  (relating to confidentiality of reports) shall only be made
    14  available to:
    15         * * *
    16         (17)  A member of a child fatality or near fatality
    17     review team under section 6365(d). This paragraph does not     <--
    18     include information which the district attorney determines
    19     may compromise any pending criminal proceeding.
    20     * * *
    21     SECTION 2.1.  SECTION 6342 OF TITLE 23 IS AMENDED TO READ:     <--
    22  § 6342.  STUDIES OF DATA IN RECORDS.
    23     (A)  STUDIES.--THE DEPARTMENT MAY CONDUCT OR AUTHORIZE THE
    24  CONDUCTING OF STUDIES OF THE DATA CONTAINED IN THE PENDING
    25  COMPLAINT FILE AND THE STATEWIDE CENTRAL REGISTER AND COUNTY
    26  AGENCIES AND DISTRIBUTE THE RESULTS OF THE STUDIES. NO STUDY MAY
    27  CONTAIN THE NAME OR OTHER INFORMATION BY WHICH A SUBJECT OF A
    28  REPORT COULD BE IDENTIFIED. THE DEPARTMENT MAY ALLOW FEDERAL
    29  AUDITORS ACCESS TO NONIDENTIFIABLE DUPLICATES OF REPORTS IN THE
    30  PENDING COMPLAINT FILE AND THE STATEWIDE CENTRAL REGISTER IF
    20070H0823B2097                  - 3 -     

     1  REQUIRED FOR FEDERAL FINANCIAL PARTICIPATION IN FUNDING OF
     2  AGENCIES.
     3     (B)  DATA FORM.--THE DEPARTMENT SHALL DEVELOP A DATA FORM TO
     4  FACILITATE THE COLLECTION OF STATISTICAL AND DEMOGRAPHIC
     5  INFORMATION FROM A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM
     6  AND A COUNTY AGENCY, WHICH CAN BE INCORPORATED INTO A STUDY
     7  CONDUCTED BY THE DEPARTMENT.
     8     Section 3.  Section 6343 of Title 23 is amended by adding a
     9  subsection to read:
    10  § 6343.  Investigating performance of county agency.
    11     * * *
    12     (c)  Department reviews and reports of child fatalities and
    13  near fatalities.--
    14         (1)  The department shall conduct a child fatality and
    15     near fatality review and provide a written report on any
    16     child fatality or near fatality, if child abuse is suspected.
    17     The department shall summarize:
    18             (i)  the nature and extent of its review;
    19             (ii)  statutory and regulatory compliance by the
    20         county agency in the county where:
    21                 (A)  the fatality or near fatality occurred; and
    22                 (B)  the child resided within the 16 months
    23             preceding the fatality or near fatality;
    24             (iii)  its findings and recommendations for reducing
    25         the likelihood of future child fatalities and near
    26         fatalities, resulting from child abuse.
    27         (2)  The department's child fatality or near fatality
    28     review shall be commenced immediately upon receipt of a
    29     report to the department that a child died or nearly died as
    30     a result of suspected child abuse. THE DEPARTMENT SHALL        <--
    20070H0823B2097                  - 4 -     

     1     PROVIDE ASSISTANCE AND RELEVANT INFORMATION TO THE CHILD
     2     FATALITY OR NEAR FATALITY REVIEW TEAM AND ATTEMPT TO
     3     COORDINATE ITS FACT-FINDING EFFORTS AND INTERVIEWS WITH THE
     4     TEAM TO AVOID DUPLICATION. The department's child fatality or
     5     near fatality review and report shall be completed as soon as
     6     possible but no later than six months from receipt of the
     7     initial report of the child fatality or near fatality.
     8         (3)  PRIOR TO COMPLETING ITS REPORT, THE DEPARTMENT MAY    <--
     9     RELEASE THE FOLLOWING INFORMATION TO THE PUBLIC CONCERNING A
    10     CHILD WHO DIED OR NEARLY DIED AS A RESULT OF SUSPECTED OR
    11     SUBSTANTIATED CHILD ABUSE:
    12             (I)  THE IDENTITY OF THE CHILD.
    13             (II)  IF THE CHILD WAS IN THE CUSTODY OF A PUBLIC OR
    14         PRIVATE AGENCY, THE IDENTITY OF THE AGENCY.
    15             (III)  THE IDENTITY OF THE PUBLIC OR PRIVATE AGENCY
    16         UNDER CONTRACT WITH A COUNTY AGENCY TO PROVIDE SERVICES
    17         TO THE CHILD AND THE CHILD'S FAMILY IN THE CHILD'S HOME
    18         PRIOR TO THE CHILD'S DEATH OR NEAR FATALITY.
    19             (IV)  A DESCRIPTION OF SERVICES PROVIDED UNDER
    20         SUBPARAGRAPH (III).
    21             (V)  THE IDENTITY OF THE COUNTY AGENCY THAT CONVENED
    22         A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM WITH
    23         RESPECT TO THE CHILD.
    24         (3)  (4)  Upon completion of the review and report, the    <--
    25     department's child fatality or near fatality report shall be
    26     made available to the county agency, THE CHILD FATALITY OR     <--
    27     NEAR FATALITY REVIEW TEAM and designated county officials
    28     under section 6340(a)(11) (relating to release of information
    29     in confidential reports). The report shall be made available,
    30     upon request, to other individuals to whom confidential
    20070H0823B2097                  - 5 -     

     1     reports may be released, as specified by section 6340. The
     2     DEPARTMENT'S report shall be made available to the public,     <--
     3     but identifying information shall be removed from the
     4     contents of the report EXCEPT FOR DISCLOSURE OF: THE IDENTITY  <--
     5     OF A DECEASED CHILD; IF THE CHILD WAS IN THE CUSTODY OF A
     6     PUBLIC OR PRIVATE AGENCY, THE IDENTITY OF THE AGENCY; THE
     7     IDENTITY OF THE PUBLIC OR PRIVATE AGENCY UNDER CONTRACT WITH
     8     A COUNTY AGENCY TO PROVIDE SERVICES TO THE CHILD AND THE
     9     CHILD'S FAMILY IN THE CHILD'S HOME PRIOR TO THE CHILD'S DEATH
    10     OR NEAR FATALITY; AND THE IDENTITY OF ANY COUNTY AGENCY THAT
    11     CONVENED A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM IN
    12     RESPECT TO THE CHILD. THE REPORT SHALL NOT BE RELEASED TO THE
    13     PUBLIC IF THE DISTRICT ATTORNEY CERTIFIES THAT RELEASE OF THE
    14     REPORT MAY COMPROMISE A PENDING CRIMINAL INVESTIGATION OR
    15     PROCEEDING. CERTIFICATION BY THE DISTRICT ATTORNEY SHALL STAY
    16     THE RELEASE OF THE REPORT FOR A PERIOD OF 60 DAYS, AT WHICH
    17     TIME THE REPORT SHALL BE RELEASED UNLESS A NEW CERTIFICATION
    18     IS MADE BY THE DISTRICT ATTORNEY.
    19     Section 4.  Section 6343.1(a) of Title 23, added November 9,   <--
    20  2006 (P.L.1358, No.146), is amended to read:
    21     SECTION 4.  SECTION 6343.1(A) AND (B)(2)(II) OF TITLE 23 ARE   <--
    22  AMENDED TO READ:
    23  § 6343.1.  Citizen review panels.
    24     (a)  Establishment.--The department shall establish a minimum
    25  of three citizen review panels. The department may designate a
    26  child fatality or near fatality review team under section
    27  6365(d) (relating to services for prevention, investigation and
    28  treatment of child abuse) as a citizen review panel as long as
    29  the team has the capacity to perform as a citizen review panel.
    30     (B)  FUNCTION.--THE PANELS SHALL EXAMINE ALL OF THE            <--
    20070H0823B2097                  - 6 -     

     1  FOLLOWING:
     2         * * *
     3         (2)  OTHER CRITERIA THE PANEL CONSIDERS IMPORTANT TO
     4     ENSURE THE PROTECTION OF CHILDREN, INCLUDING:
     5             * * *
     6             (II)  A REVIEW OF CHILD FATALITIES AND NEAR
     7         FATALITIES[.], INCLUDING, BUT NOT LIMITED TO, A REVIEW OF
     8         ANY CHILD FATALITY OR NEAR FATALITY INVOLVING A CHILD IN
     9         THE CUSTODY OF A PUBLIC OR PRIVATE AGENCY WHERE THERE IS
    10         NO REPORT OF SUSPECTED CHILD ABUSE AND THE CAUSE OF DEATH
    11         IS NEITHER THE RESULT OF CHILD ABUSE OR NATURAL CAUSES.
    12     * * *
    13     Section 5.  Sections 6365 and 6367 of Title 23 are amended by
    14  adding subsections to read:
    15  § 6365.  Services for prevention, investigation and treatment of
    16             child abuse.
    17     * * *
    18     (d)  Child fatality and OR near fatality review team and       <--
    19  written report.--
    20         (1)  A child fatality or near fatality review team shall
    21     be convened by a county agency in a case when a child dies or
    22     nearly dies as a result of substantiated child abuse or when
    23     the county agency has not made a status determination within
    24     30 days. The team may convene after a substantiation is made
    25     and shall convene no later than 31 days from the receipt of
    26     the oral report to the department of the suspected child
    27     abuse. The county agency shall convene a child fatality or
    28     near fatality review team in the county where the abuse
    29     occurred and in any county where the child resided within the
    30     16 months preceding the fatality or near fatality. The team
    20070H0823B2097                  - 7 -     

     1     shall consist of AT LEAST SIX individuals who are broadly      <--
     2     representative of the county where the team is established
     3     and who have expertise in prevention and treatment of child
     4     abuse. The team shall include:                                 <--
     5             (i)  A staff person from the county agency.
     6             (ii)  A member of the advisory committee of the
     7         county agency.
     8             (iii)  A representative of a private or public human
     9         services agency other than the county agency.
    10             (iv)  A health care provider.
    11             (v)  A representative of a local school or
    12         educational program.
    13             (vi)  A representative of law enforcement.
    14             (vii)  A lawyer trained in legal representation of
    15         children or an individual trained under 42 Pa.C.S § 6342
    16         (relating to court-appointed special advocates).
    17             (viii)  A mental health service provider.
    18             (ix)  A representative of a children's advocacy
    19         center that provides services to children in the county.
    20         The individual under this subparagraph must not be an
    21         employee of the county agency.
    22             (x)  The county coroner or forensic pathologist.
    23             (xi)  A resident of the county where the review is
    24         being conducted.
    25             (xii)  A representative of a local domestic violence
    26         program.
    27     WITH CONSIDERATION GIVEN TO THE CIRCUMSTANCES OF EACH CASE     <--
    28     AND AVAILABILITY OF INDIVIDUALS TO SERVE AS MEMBERS, THE TEAM
    29     MAY CONSIST OF THE FOLLOWING INDIVIDUALS:
    30             (I)  A STAFF PERSON FROM THE COUNTY AGENCY.
    20070H0823B2097                  - 8 -     

     1             (II)  A MEMBER OF THE ADVISORY COMMITTEE OF THE
     2         COUNTY AGENCY.
     3             (III)  A HEALTH CARE PROFESSIONAL.
     4             (IV)  A REPRESENTATIVE OF A LOCAL SCHOOL, EDUCATIONAL
     5         PROGRAM OR CHILD CARE OR EARLY CHILDHOOD DEVELOPMENT
     6         PROGRAM.
     7             (V)  A REPRESENTATIVE OF LAW ENFORCEMENT OR THE
     8         DISTRICT ATTORNEY.
     9             (VI)  AN ATTORNEY-AT-LAW TRAINED IN LEGAL
    10         REPRESENTATION OF CHILDREN OR AN INDIVIDUAL TRAINED UNDER
    11         42 PA.C.S. § 6342 (RELATING TO COURT-APPOINTED SPECIAL
    12         ADVOCATES).
    13             (VII)  A MENTAL HEALTH PROFESSIONAL.
    14             (VIII)  A REPRESENTATIVE OF A CHILDREN'S ADVOCACY
    15         CENTER THAT PROVIDES SERVICES TO CHILDREN IN THE COUNTY.
    16         THE INDIVIDUAL UNDER THIS SUBPARAGRAPH MUST NOT BE AN
    17         EMPLOYEE OF THE COUNTY AGENCY.
    18             (IX)  THE COUNTY CORONER OR FORENSIC PATHOLOGIST.
    19             (X)  A REPRESENTATIVE OF A LOCAL DOMESTIC VIOLENCE
    20         PROGRAM.
    21             (XI)  A REPRESENTATIVE OF A LOCAL DRUG AND ALCOHOL
    22         PROGRAM.
    23             (XII)  AN INDIVIDUAL REPRESENTING PARENTS.
    24             (XIII)  ANY INDIVIDUAL WHOM THE COUNTY AGENCY OR
    25         CHILD FATALITY OR NEAR FATALITY REVIEW TEAM DETERMINES IS
    26         NECESSARY TO ASSIST THE TEAM IN PERFORMING ITS DUTIES.
    27         (2)  Members of the team shall be responsible for all of
    28     the following:
    29             (i)  Maintaining confidentiality of information under
    30         section SECTIONS 6339 (RELATING TO CONFIDENTIALITY OF      <--
    20070H0823B2097                  - 9 -     

     1         REPORTS) AND 6340.
     2             (ii)  Providing and discussing relevant case-specific
     3         information from the member's records.                     <--
     4             (iii)  Attending and participating in all meetings
     5         and activities as required.
     6             (iv)  Assisting in the development of the report
     7         under paragraph (4)(iv) (4)(V).                            <--
     8         (3)  The county agency, IN CONSULTATION WITH THE TEAM,     <--
     9     shall appoint an individual who is not an employee of the
    10     county agency to serve as chairperson.
    11         (4)  The team shall perform the following:
    12             (i)  Review the circumstances of the child's fatality
    13         or near fatality resulting from suspected or
    14         substantiated child abuse.
    15             (ii)  Review the delivery of services to the abused
    16         child and the child's family provided by the county
    17         agency AND REVIEW SERVICES PROVIDED TO THE PERPETRATOR BY  <--
    18         THE COUNTY AGENCY in each county where the child and
    19         family have resided within the 16 months preceding the
    20         fatality or near fatality and the services provided to
    21         the child and, the child's family AND THE PERPETRATOR by   <--
    22         other public and private community agencies or
    23         professionals. This subparagraph includes law
    24         enforcement, mental health services, programs for young
    25         children and children with special needs, drug and
    26         alcohol programs, local schools and health care
    27         providers.
    28             (III)  REVIEW RELEVANT COURT RECORDS AND DOCUMENTS     <--
    29         RELATED TO THE ABUSED CHILD AND THE CHILD'S FAMILY.
    30             (iii) (IV)  Review the county agency's compliance      <--
    20070H0823B2097                 - 10 -     

     1         with statutes and regulations and with relevant policies
     2         and procedures of the county agency.
     3             (iv) (V)  Within 90 days of convening, submit a FINAL  <--
     4         written report on the child fatality or near fatality to
     5         the department and designated county officials under
     6         section 6340(a)(11). The WITHIN 30 DAYS AFTER SUBMISSION   <--
     7         OF THE REPORT TO THE DEPARTMENT, THE report shall be made
     8         available, upon request, to other individuals to whom
     9         confidential reports may be released, as specified by
    10         section 6340. The report and the department's response     <--
    11         shall be made available to the public, but identifying
    12         information shall be removed from the contents of the
    13         report EXCEPT FOR DISCLOSURE OF: THE IDENTITY OF A         <--
    14         DECEASED CHILD; IF THE CHILD WAS IN THE CUSTODY OF A
    15         PUBLIC OR PRIVATE AGENCY, THE IDENTITY OF THE AGENCY; THE
    16         IDENTITY OF THE PUBLIC OR PRIVATE AGENCY UNDER CONTRACT
    17         WITH A COUNTY AGENCY TO PROVIDE SERVICES TO THE CHILD AND
    18         THE CHILD'S FAMILY IN THE CHILD'S HOME PRIOR TO THE
    19         CHILD'S DEATH OR NEAR FATALITY; AND THE IDENTITY OF ANY
    20         COUNTY AGENCY THAT CONVENED A CHILD FATALITY OR NEAR
    21         FATALITY REVIEW TEAM IN RESPECT TO THE CHILD. THE REPORT
    22         SHALL NOT BE RELEASED TO THE PUBLIC IF THE DISTRICT
    23         ATTORNEY CERTIFIES THAT RELEASE OF THE REPORT MAY
    24         COMPROMISE A PENDING CRIMINAL INVESTIGATION OR
    25         PROCEEDING. CERTIFICATION BY THE DISTRICT ATTORNEY SHALL
    26         STAY THE RELEASE OF THE REPORT FOR A PERIOD OF 60 DAYS,
    27         AT WHICH TIME THE REPORT SHALL BE RELEASED UNLESS A NEW
    28         CERTIFICATION IS MADE BY THE DISTRICT ATTORNEY. The
    29         report shall include:
    30                 (A)  Deficiencies and strengths in:
    20070H0823B2097                 - 11 -     

     1                     (I)  compliance with statutes and
     2                 regulations; and
     3                     (II)  services to children and families.
     4                 (B)  Recommendations for changes at the State and
     5             local levels on:
     6                     (I)  reducing the likelihood of future child
     7                 fatalities and near fatalities directly related
     8                 to child abuse and neglect;
     9                     (II)  monitoring and inspection of county
    10                 agencies; and
    11                     (III)  collaboration of community agencies
    12                 and service providers to prevent child abuse and
    13                 neglect.
    14     (e)  Response by department.--Within 60 45 days of receipt of  <--
    15  a report of a child fatality or near fatality under subsection
    16  (d), the department shall review the findings and
    17  recommendations of the report and provide a written response to
    18  the county agency and the child fatality review team or near
    19  fatality review team. THE DEPARTMENT'S RESPONSE TO THE REPORT OF  <--
    20  THE CHILD FATALITY OR NEAR FATALITY REVIEW TEAM SHALL BE MADE
    21  AVAILABLE, UPON REQUEST, TO OTHER INDIVIDUALS TO WHOM
    22  CONFIDENTIAL REPORTS MAY BE RELEASED, AS SPECIFIED BY SECTION
    23  6340. THE DEPARTMENT'S RESPONSE SHALL BE MADE AVAILABLE TO THE
    24  PUBLIC, BUT IDENTIFYING INFORMATION SHALL BE REMOVED FROM THE
    25  CONTENTS OF THE RESPONSE, EXCEPT FOR DISCLOSURE OF: THE
    26  IDENTITY, OF A DECEASED CHILD; IF THE CHILD WAS IN THE CUSTODY
    27  OF A PUBLIC OR PRIVATE AGENCY, THE IDENTITY OF THE AGENCY; THE
    28  IDENTITY OF THE PUBLIC OR PRIVATE AGENCY UNDER CONTRACT WITH A
    29  COUNTY AGENCY TO PROVIDE SERVICES TO THE CHILD AND THE CHILD'S
    30  FAMILY IN THE CHILD'S HOME PRIOR TO THE CHILD'S DEATH OR NEAR
    20070H0823B2097                 - 12 -     

     1  FATALITY; AND THE IDENTITY OF ANY COUNTY AGENCY THAT CONVENED A
     2  CHILD FATALITY OR NEAR FATALITY REVIEW TEAM IN RESPECT TO THE
     3  CHILD. THE RESPONSE SHALL NOT BE RELEASED TO THE PUBLIC IF THE
     4  DISTRICT ATTORNEY CERTIFIES THAT RELEASE OF THE RESPONSE MAY
     5  COMPROMISE A PENDING CRIMINAL INVESTIGATION OR PROCEEDING.
     6  CERTIFICATION BY THE DISTRICT ATTORNEY SHALL STAY THE RELEASE OF
     7  THE REPORT FOR A PERIOD OF 60 DAYS, AT WHICH TIME THE REPORT
     8  SHALL BE RELEASED UNLESS A NEW CERTIFICATION IS MADE BY THE
     9  DISTRICT ATTORNEY.
    10  § 6367.  Reports to department and coroner.
    11     * * *
    12     (c)  Reports of child death CHILD DEATHS AND NEAR              <--
    13  FATALITIES.--A county agency shall immediately provide
    14  information to the department regarding its involvement with the
    15  child and with either of the child's parents PARENT, GUARDIAN OR  <--
    16  CUSTODIAN when a child dies or nearly dies and child abuse is
    17  suspected. The county agency shall inform the department of any
    18  history of CHILD protective or general protective services        <--
    19  provided to the child or PRIOR TO THE CHILD'S DEATH OR NEAR       <--
    20  FATALITY AND OF SERVICES PROVIDED to other children of either of  <--
    21  the child's parents PARENT, GUARDIAN OR CUSTODIAN by the county   <--
    22  agency under this chapter or by court order and. THE COUNTY       <--
    23  AGENCY shall inform the department if the child was in the
    24  agency's custody at the time of the child's death OR NEAR         <--
    25  FATALITY. The county agency shall provide this information in
    26  writing on forms provided by the department within 48 hours of
    27  the oral report.
    28     Section 6.  This act shall take effect in 180 days.


    L6L23VDL/20070H0823B2097        - 13 -