PRIOR PRINTER'S NO. 1291 PRINTER'S NO. 1649
No. 1026 Session of 2007
INTRODUCED BY VANCE, GORDNER, BAKER, O'PAKE, BOSCOLA, TOMLINSON,
COSTA, FOLMER, LAVALLE, MELLOW, ORIE, RAFFERTY, WONDERLING,
FERLO, C. WILLIAMS, BROWNE AND REGOLA, JULY 10, 2007
SENATOR VANCE, AGING AND YOUTH, AS AMENDED, DECEMBER 11, 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 release of information in
4 confidential reports, for investigating performance of county
5 agency, for reports to the Governor and General Assembly, for
6 services for prevention, investigation and treatment of child
7 abuse and for reports to Department of Public Welfare and
8 coroner. PROVIDING FOR THE DEFINITION OF "CHILDREN'S ADVOCACY <--
9 CENTERS"; FURTHER PROVIDING FOR IMMUNITY FROM LIABILITY, FOR
10 RELEASE OF INFORMATION IN CONFIDENTIAL REPORTS, FOR STUDIES
11 OF DATA IN RECORDS, FOR INVESTIGATING PERFORMANCE OF COUNTY
12 AGENCY, FOR CITIZEN REVIEW PANELS, FOR SERVICES FOR
13 PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE AND
14 FOR REPORTS TO DEPARTMENT AND CORONER; AND PROVIDING FOR
15 RELEASE OF REPORTS.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 6303(a) of Title 23 of the Pennsylvania
19 Consolidated Statutes is amended by adding definitions A <--
20 DEFINITION to read:
21 § 6303. Definitions.
22 (a) General rule.--The following words and phrases when used
23 in this chapter shall have the meanings given to them in this
24 section unless the context clearly indicates otherwise:
1 * * *
2 "Children's advocacy centers." Local public agencies in this
3 Commonwealth, and not-for-profit entities incorporated in this
4 Commonwealth that are 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)) or any successor provision, which operate within this
7 Commonwealth, for the primary purpose of providing a child-
8 focused, facility-based program dedicated to coordinating a
9 formalized multidisciplinary response to suspected child abuse,
10 that at a minimum, either onsite or through a partnership with
11 another entity or entities, assists county agencies,
12 investigative teams and law enforcement by providing services,
13 including forensic interviews, medical evaluations, therapeutic
14 interventions, victim support and advocacy, team case reviews
15 and a system for case tracking.
16 * * *
17 "Multidisciplinary response." A response to suspected child <--
18 abuse in which the county agency, law enforcement, prosecution,
19 victim support and advocacy agencies and medical and mental
20 health professionals cooperate pursuant to a written protocol to
21 provide coordinated intervention that assures that children are
22 connected to services necessary to provide for their safety,
23 health and well-being, and that as part of the coordinated
24 response, the children are interviewed regarding the suspected
25 child abuse in a coordinated and child-focused manner to avoid
26 duplication of fact-finding and to minimize additional trauma to
27 the children.
28 * * *
29 SECTION 2. SECTION 6318(A) OF TITLE 23 IS AMENDED TO READ: <--
30 § 6318. IMMUNITY FROM LIABILITY.
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1 (A) GENERAL RULE.--A PERSON, HOSPITAL, INSTITUTION, SCHOOL,
2 FACILITY, AGENCY OR AGENCY EMPLOYEE THAT PARTICIPATES IN GOOD
3 FAITH IN THE MAKING OF A REPORT, WHETHER REQUIRED OR NOT,
4 COOPERATING WITH AN INVESTIGATION, INCLUDING PROVIDING
5 INFORMATION TO A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM,
6 TESTIFYING IN A PROCEEDING ARISING OUT OF AN INSTANCE OF
7 SUSPECTED CHILD ABUSE, THE TAKING OF PHOTOGRAPHS OR THE REMOVAL
8 OR KEEPING OF A CHILD PURSUANT TO SECTION 6315 (RELATING TO
9 TAKING CHILD INTO PROTECTIVE CUSTODY), AND ANY OFFICIAL OR
10 EMPLOYEE OF A COUNTY AGENCY WHO REFERS A REPORT OF SUSPECTED
11 ABUSE TO LAW ENFORCEMENT AUTHORITIES OR PROVIDES SERVICES UNDER
12 THIS CHAPTER, SHALL HAVE IMMUNITY FROM CIVIL AND CRIMINAL
13 LIABILITY THAT MIGHT OTHERWISE RESULT BY REASON OF THOSE
14 ACTIONS.
15 * * *
16 Section 2 3. Section 6340(a) of Title 23 is amended by <--
17 adding a paragraph PARAGRAPHS to read: <--
18 § 6340. Release of information in confidential reports.
19 (a) General rule.--Reports specified in section 6339
20 (relating to confidentiality of reports) shall only be made
21 available to:
22 * * *
23 (17) A member of a child fatality or near fatality
24 review team under section 6365(d) (relating to services for
25 prevention, investigation and treatment of child abuse),
26 except for information that the district attorney determines
27 may compromise any pending criminal proceeding shall not be
28 shared with members of a child fatality or near fatality
29 review team.
30 (18) A MEMBER OF A LOCAL PUBLIC HEALTH CHILD DEATH <--
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1 REVIEW TEAM.
2 * * *
3 Section 3. Sections 6343, 6347, 6365 and 6367 of Title 23 <--
4 are amended by adding subsections to read:
5 SECTION 4. SECTION 6342 OF TITLE 23 IS AMENDED TO READ: <--
6 § 6342. STUDIES OF DATA IN RECORDS.
7 (A) STUDIES.--THE DEPARTMENT MAY CONDUCT OR AUTHORIZE THE
8 CONDUCTING OF STUDIES OF THE DATA CONTAINED IN THE PENDING
9 COMPLAINT FILE AND THE STATEWIDE CENTRAL REGISTER AND COUNTY
10 AGENCIES AND DISTRIBUTE THE RESULTS OF THE STUDIES. NO STUDY MAY
11 CONTAIN THE NAME OR OTHER INFORMATION BY WHICH A SUBJECT OF A
12 REPORT COULD BE IDENTIFIED. THE DEPARTMENT MAY ALLOW FEDERAL
13 AUDITORS ACCESS TO NONIDENTIFIABLE DUPLICATES OF REPORTS IN THE
14 PENDING COMPLAINT FILE AND THE STATEWIDE CENTRAL REGISTER IF
15 REQUIRED FOR FEDERAL FINANCIAL PARTICIPATION IN FUNDING OF
16 AGENCIES.
17 (B) DATA FORM.--THE DEPARTMENT SHALL DEVELOP A DATA FORM TO
18 FACILITATE THE COLLECTION OF STATISTICAL AND DEMOGRAPHIC
19 INFORMATION FROM A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM
20 AND A COUNTY AGENCY, WHICH CAN BE INCORPORATED INTO A STUDY
21 CONDUCTED BY THE DEPARTMENT.
22 SECTION 5. SECTION 6343 OF TITLE 23 IS AMENDED BY ADDING A
23 SUBSECTION TO READ:
24 § 6343. Investigating performance of county agency.
25 * * *
26 (c) Department reviews and reports.--
27 (1) The department shall conduct child fatality and near
28 fatality reviews and provide written reports on any child
29 fatality or near fatality where child abuse is suspected. An <--
30 explanation regarding the nature and extent of the review
20070S1026B1649 - 4 -
1 shall be provided in each report.
2 (2) In cases where a county agency has investigated
3 child abuse or neglect reports related to the child or to
4 other children of either of the child's parents or has
5 provided protective or general protective services involving
6 the child or other children of either of the child's parents,
7 the department shall analyze the county agency's performance
8 in each review and report, including, but not limited to:
9 (i) The investigation of prior child abuse or
10 neglect reports.
11 (ii) Assessment of risk.
12 (iii) Acceptance of the family for services.
13 (iv) Provision of services.
14 (v) Case closure.
15 (vi) Compliance with this chapter and related
16 regulations.
17 (3) On and after the effective date of this paragraph,
18 the child fatality or near fatality review and report shall
19 be completed no later than six months following the date of
20 the oral report of suspected child abuse to the department. A
21 copy of each child fatality and near fatality report shall be
22 maintained in the appropriate Harrisburg office of the
23 department.
24 (4) Within 60 days of receipt of a report under section
25 6365(d)(4)(iv) (relating to services for prevention,
26 investigation and treatment of child abuse), the department
27 shall review the findings and recommendations of the report
28 and submit a written response to the county agency. By May 1,
29 the department shall prepare and transmit to the Governor and
30 General Assembly an annual summary of the reports and
20070S1026B1649 - 5 -
1 responses under this paragraph.
2 § 6347. Reports to Governor and General Assembly.
3 * * *
4 (d) Reports on child fatalities and near fatalities.--The
5 department shall prepare and transmit annually to the Governor
6 and to the General Assembly a report on its findings and
7 recommendations regarding the child fatality and near fatality
8 reviews and reports conducted under section 6343(c) (relating to
9 investigating performance of county agency). The annual report
10 shall include, but not be limited to, the following:
11 (1) A breakdown of child fatalities and near fatalities
12 reviewed versus those not reviewed and a discussion
13 explaining the lack of reviews for some child fatalities and
14 near fatalities.
15 (2) An analysis of the regulatory compliance problems
16 identified in the course of the child fatality and near
17 fatality reviews and a discussion outlining the actions taken
18 by the department and the county agencies.
19 (3) An analysis of the practice or decision-making
20 problems identified in the course of the child fatality and
21 near fatality reviews and a discussion outlining the actions
22 taken by the department and the county agencies.
23 (4) The good practice, effective decision making and
24 regulatory compliance identified in the course of the child
25 fatality and near fatality reviews.
26 (5) The numbers of license revocations, provisional
27 licenses and full licenses given to county agencies reviewed
28 under section 6343(c).
29 (6) Recommendations for specific or systemic
30 administrative, regulatory or statutory change, including
20070S1026B1649 - 6 -
1 improvement of the department's monitoring and inspection
2 process, necessary to fulfill the purposes of this chapter.
3 THE DEPARTMENT SHALL SUMMARIZE: <--
4 (I) THE NATURE AND EXTENT OF ITS REVIEW;
5 (II) STATUTORY AND REGULATORY COMPLIANCE BY THE
6 COUNTY AGENCY IN THE COUNTY WHERE:
7 (A) THE FATALITY OR NEAR FATALITY OCCURRED; AND
8 (B) THE CHILD RESIDED WITHIN THE 16 MONTHS
9 PRECEDING THE FATALITY OR NEAR FATALITY;
10 (III) ITS FINDINGS AND RECOMMENDATIONS FOR REDUCING
11 THE LIKELIHOOD OF FUTURE CHILD FATALITIES AND NEAR
12 FATALITIES, RESULTING FROM CHILD ABUSE.
13 (2) THE DEPARTMENT'S CHILD FATALITY OR NEAR FATALITY
14 REVIEW SHALL BE COMMENCED IMMEDIATELY UPON RECEIPT OF A
15 REPORT TO THE DEPARTMENT THAT A CHILD DIED OR NEARLY DIED AS
16 A RESULT OF SUSPECTED CHILD ABUSE. THE DEPARTMENT SHALL
17 PROVIDE ASSISTANCE AND RELEVANT INFORMATION TO THE CHILD
18 FATALITY OR NEAR FATALITY REVIEW TEAM AND ATTEMPT TO
19 COORDINATE ITS FACT-FINDING EFFORTS AND INTERVIEWS WITH THE
20 TEAM TO AVOID DUPLICATION. THE DEPARTMENT'S CHILD FATALITY OR
21 NEAR FATALITY REVIEW AND REPORT SHALL BE COMPLETED AS SOON AS
22 POSSIBLE BUT NO LATER THAN SIX MONTHS FROM RECEIPT OF THE
23 INITIAL REPORT OF THE CHILD FATALITY OR NEAR FATALITY.
24 SECTION 6. SECTION 6343.1(A) AND (B)(2)(II) OF TITLE 23 ARE
25 AMENDED TO READ:
26 § 6343.1. CITIZEN REVIEW PANELS.
27 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH A MINIMUM
28 OF THREE CITIZEN REVIEW PANELS. THE DEPARTMENT MAY DESIGNATE A
29 CHILD FATALITY OR NEAR FATALITY REVIEW TEAM UNDER SECTION
30 6365(D) (RELATING TO SERVICES FOR PREVENTION, INVESTIGATION AND
20070S1026B1649 - 7 -
1 TREATMENT OF CHILD ABUSE) AS A CITIZEN REVIEW PANEL AS LONG AS
2 THE TEAM HAS THE CAPACITY TO PERFORM AS A CITIZEN REVIEW PANEL.
3 (B) FUNCTION.--THE PANELS SHALL EXAMINE ALL OF THE
4 FOLLOWING:
5 * * *
6 (2) OTHER CRITERIA THE PANEL CONSIDERS IMPORTANT TO
7 ENSURE THE PROTECTION OF CHILDREN, INCLUDING:
8 * * *
9 (II) A REVIEW OF CHILD FATALITIES AND NEAR
10 FATALITIES[.], INCLUDING, BUT NOT LIMITED TO, A REVIEW OF
11 ANY CHILD FATALITY OR NEAR FATALITY INVOLVING A CHILD IN
12 THE CUSTODY OF A PUBLIC OR PRIVATE AGENCY WHERE THERE IS
13 NO REPORT OF SUSPECTED CHILD ABUSE AND THE CAUSE OF DEATH
14 IS NEITHER THE RESULT OF CHILD ABUSE NOR NATURAL CAUSES.
15 * * *
16 SECTION 7. SECTIONS 6365 AND 6367 OF TITLE 23 ARE AMENDED BY
17 ADDING SUBSECTIONS TO READ:
18 § 6365. Services for prevention, investigation and treatment of
19 child abuse.
20 * * *
21 (d) Child fatality and near fatality review team and written
22 report.--
23 (1) A child fatality or near fatality review team shall
24 be convened BY A COUNTY AGENCY IN ACCORDANCE WITH A PROTOCOL <--
25 DEVELOPED BY THE COUNTY AGENCY, THE DEPARTMENT AND THE
26 DISTRICT ATTORNEY in cases where a child dies or nearly dies
27 as a result of substantiated child abuse or when the county
28 agency has not made a status determination within 30 days.
29 The team may convene after a substantiation is made and shall
30 convene not later than 31 days from the receipt of the oral
20070S1026B1649 - 8 -
1 report to the department of the suspected child abuse. The
2 county agency shall convene a child fatality or near fatality
3 review team in the county where the abuse occurred and in any
4 county where the child resided within the 12 16 months <--
5 preceding the fatality or near fatality. The team shall <--
6 consist of the following individuals, who must have
7 experience in working with children and families:
8 (i) A staff person from the county agency.
9 (ii) A member of the advisory committee of the
10 county agency.
11 (iii) A representative of a private or public human
12 services agency.
13 (iv) A health care provider.
14 (v) A representative of a local school or
15 educational program.
16 (vi) A representative of law enforcement.
17 (vii) A lawyer trained in legal representation of
18 children or individual trained as a court-appointed
19 special advocate for children.
20 (viii) A mental health service provider.
21 (ix) The county multidisciplinary team coordinator.
22 (x) A children's advocacy center representative, who
23 is not an employee of a county agency if present in the
24 community.
25 (xi) The county coroner or forensic pathologist.
26 (xii) A resident of the county where the review is
27 being conducted. FATALITY OR NEAR FATALITY. THE TEAM <--
28 SHALL CONSIST OF AT LEAST SIX INDIVIDUALS WHO ARE BROADLY
29 REPRESENTATIVE OF THE COUNTY WHERE THE TEAM IS
30 ESTABLISHED AND WHO HAVE EXPERTISE IN PREVENTION AND
20070S1026B1649 - 9 -
1 TREATMENT OF CHILD ABUSE. WITH CONSIDERATION GIVEN TO THE
2 CIRCUMSTANCES OF EACH CASE AND AVAILABILITY OF
3 INDIVIDUALS TO SERVE AS MEMBERS, THE TEAM MAY CONSIST OF
4 THE FOLLOWING INDIVIDUALS:
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 LOCAL DOMESTIC VIOLENCE
9 PROGRAM.
10 (IV) A HEALTH CARE PROFESSIONAL.
11 (V) A REPRESENTATIVE OF A LOCAL SCHOOL, EDUCATIONAL
12 PROGRAM OR CHILD CARE OR EARLY CHILDHOOD DEVELOPMENT
13 PROGRAM.
14 (VI) A REPRESENTATIVE OF LAW ENFORCEMENT OR THE
15 DISTRICT ATTORNEY.
16 (VII) A LAWYER TRAINED IN LEGAL REPRESENTATION OF
17 CHILDREN OR AN INDIVIDUAL TRAINED UNDER 42 PA.C.S. § 6342
18 (RELATING TO COURT-APPOINTED SPECIAL ADVOCATES).
19 (VIII) A MENTAL HEALTH SERVICE PROFESSIONAL.
20 (IX) A REPRESENTATIVE OF A LOCAL DRUG AND ALCOHOL
21 PROGRAM.
22 (X) A REPRESENTATIVE OF A CHILDREN'S ADVOCACY CENTER
23 THAT PROVIDES SERVICES TO CHILDREN IN THE COUNTY. THE
24 INDIVIDUAL UNDER THIS SUBPARAGRAPH MUST NOT BE AN
25 EMPLOYEE OF THE COUNTY AGENCY.
26 (XI) THE COUNTY CORONER OR FORENSIC PATHOLOGIST.
27 (XII) AN INDIVIDUAL REPRESENTING PARENTS.
28 (XIII) ANY INDIVIDUAL WHOM THE COUNTY AGENCY OR
29 CHILD FATALITY OR NEAR FATALITY REVIEW TEAM DETERMINES IS
30 NECESSARY TO ASSIST THE TEAM IN PERFORMING ITS DUTIES.
20070S1026B1649 - 10 -
1 (2) All members of the team shall assist in carrying out
2 the purpose of the team by doing all of the following:
3 (i) Maintaining confidentiality of information under
4 section SECTIONS 6339 (RELATING TO CONFIDENTIALITY OF <--
5 REPORTS) AND 6340 (relating to release of information in
6 confidential reports).
7 (ii) Providing and discussing relevant case-specific
8 information from the member's records.
9 (iii) Attending and participating in all meetings
10 and activities as required.
11 (iv) Reviewing and responding to the report under
12 paragraph (4)(iv) (4)(V). <--
13 (3) The county agency, IN ACCORDANCE WITH THE PROTOCOL <--
14 AND IN CONSULTATION WITH THE TEAM, shall appoint an
15 individual to serve as chairman who is not an employee of the
16 county agency.
17 (4) The purposes of the team shall be TEAM SHALL PERFORM <--
18 the following:
19 (i) Review the circumstances of the child's fatality
20 or near fatality resulting from suspected or
21 substantiated child abuse.
22 (ii) Review the delivery of services to the abused
23 child and the child's family provided by the county
24 agency in the county or counties where the child and
25 family have resided within the 12 16 months preceding the <--
26 fatality or near fatality and services provided to the
27 child and the child's family, THE CHILD'S FAMILY AND THE <--
28 PERPETRATOR by other public and private community
29 agencies or professionals. This subparagraph includes law
30 enforcement, mental health services, PROGRAMS FOR YOUNG <--
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1 CHILDREN, programs for children with special needs, drug
2 and alcohol programs, local schools and health care
3 providers.
4 (iii) Review the county agency's compliance with
5 statutes and regulations and with relevant policies and
6 procedures of the county agency.
7 (iv) (IV) REVIEW RELEVANT COURT RECORDS AND <--
8 DOCUMENTS RELATED TO AN ABUSED CHILD AND THE CHILD'S
9 FAMILY.
10 (V) Submit, within 90 days of convening, a written
11 report on its review to the department and designated
12 county officials under section 6340(a)(11). The report <--
13 shall be made available, upon request, to other
14 individuals to whom confidential reports may be released,
15 as specified by section 6340. The report and the
16 department's response shall be made available to the
17 public only if identifying information is removed from
18 the contents of the report. The report shall include:
19 (A) Deficiencies and strengths in:
20 (I) Compliance with statutes and
21 regulations.
22 (II) Services to children and families.
23 (B) Recommendations for changes at the State and
24 local level on all of the following:
25 (I) Reducing the likelihood of future child
26 fatalities and near fatalities directly related
27 to child abuse and neglect.
28 (II) Monitoring and inspection of county
29 agencies.
30 (III) Collaboration of community agencies
20070S1026B1649 - 12 -
1 and service providers to prevent child abuse and
2 neglect.
3 (E) RESPONSE BY DEPARTMENT.--WITHIN 45 DAYS OF RECEIPT OF A <--
4 REPORT OF A CHILD FATALITY OR NEAR FATALITY UNDER SUBSECTION
5 (D), THE DEPARTMENT SHALL REVIEW THE FINDINGS AND
6 RECOMMENDATIONS OF THE REPORT AND PROVIDE A WRITTEN RESPONSE TO
7 THE COUNTY AGENCY AND THE CHILD FATALITY REVIEW TEAM OR NEAR
8 FATALITY REVIEW TEAM.
9 (F) CONSTRUCTION.--THE PROVISIONS OF THIS SECTION SHALL BE
10 CONSTRUED TO ASSIST IN THE IMPROVEMENT OF SERVICES DESIGNED TO
11 IDENTIFY AND PREVENT CHILD ABUSE. THE PROVISIONS SHALL NOT BE
12 CONSTRUED TO IMPEDE OR INTERFERE WITH CRIMINAL PROSECUTIONS OF
13 PERSONS WHO HAVE COMMITTED CHILD ABUSE.
14 § 6367. Reports to department and coroner.
15 * * *
16 (c) Reports of child death.--In addition to the child abuse <--
17 report required under subsection (a), a FATALITY OR NEAR <--
18 FATALITY.--A county agency shall immediately provide information
19 to the department regarding its involvement with the child and
20 with either of the child's parents THE CHILD'S PARENT, GUARDIAN <--
21 OR CUSTODIAN when a child dies or nearly dies and child abuse is
22 suspected. The county agency shall inform the department of any
23 history of protective or general protective services provided to
24 the child or to other children of either of the child's parents <--
25 THE CHILD'S PARENT, GUARDIAN OR CUSTODIAN by the county agency <--
26 under this chapter or by court order and shall inform the
27 department if the child was in the agency's custody at the time
28 of the child's NEAR FATALITY OR death. The county agency shall <--
29 provide this information in writing on forms provided by the
30 department within 48 hours of the oral report.
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1 Section 4. The Department of Public Welfare shall promulgate <--
2 regulations necessary for implementing the amendment or addition
3 of 23 Pa.C.S. §§ 6303(a), 6340(a)(17), 6343(c), 6347(d), 6365(d)
4 and 6367(c).
5 SECTION 8. TITLE 23 IS AMENDED BY ADDING A SECTION TO READ: <--
6 § 6387. RELEASE OF REPORTS.
7 (A) CONTENTS.--PRIOR TO COMPLETING ITS REPORT, UNDER SECTION
8 6343(C) (RELATING TO INVESTIGATING PERFORMANCE OF COUNTY
9 AGENCY), THE DEPARTMENT MAY RELEASE THE FOLLOWING INFORMATION TO
10 THE PUBLIC CONCERNING A CHILD WHO DIED OR NEARLY DIED AS A
11 RESULT OF SUSPECTED OR SUBSTANTIATED CHILD ABUSE:
12 (1) THE IDENTITY OF THE CHILD.
13 (2) IF THE CHILD WAS IN THE CUSTODY OF A PUBLIC OR
14 PRIVATE AGENCY, THE IDENTITY OF THE AGENCY.
15 (3) THE IDENTITY OF THE PUBLIC OR PRIVATE AGENCY UNDER
16 CONTRACT WITH A COUNTY AGENCY TO PROVIDE SERVICES TO THE
17 CHILD AND THE CHILD'S FAMILY IN THE CHILD'S HOME PRIOR TO THE
18 CHILD'S DEATH OR NEAR FATALITY.
19 (4) A DESCRIPTION OF SERVICES PROVIDED UNDER PARAGRAPH
20 (3).
21 (5) THE IDENTITY OF THE COUNTY AGENCY THAT CONVENED A
22 CHILD FATALITY OR NEAR FATALITY REVIEW TEAM WITH RESPECT TO
23 THE CHILD.
24 (B) AVAILABILITY TO CERTAIN GROUPS.--
25 (1) UPON COMPLETION OF THE REVIEW AND REPORT UNDER
26 SECTION 6343(C), THE DEPARTMENT'S CHILD FATALITY OR NEAR
27 FATALITY REPORT SHALL BE MADE AVAILABLE TO THE COUNTY AGENCY,
28 THE CHILD FATALITY OR NEAR FATALITY REVIEW TEAM AND
29 DESIGNATED COUNTY OFFICIALS UNDER SECTION 6340(A)(11)
30 (RELATING TO RELEASE OF INFORMATION IN CONFIDENTIAL REPORTS).
20070S1026B1649 - 14 -
1 THE REPORT SHALL BE MADE AVAILABLE, UPON REQUEST, TO OTHER
2 INDIVIDUALS TO WHOM CONFIDENTIAL REPORTS MAY BE RELEASED, AS
3 SPECIFIED UNDER SECTION 6340. THE DEPARTMENT'S REPORT SHALL
4 BE MADE AVAILABLE TO THE PUBLIC, BUT IDENTIFYING INFORMATION
5 SHALL BE REMOVED FROM THE CONTENTS OF THE REPORT EXCEPT FOR
6 DISCLOSURE OF:
7 (I) THE IDENTITY OF A DECEASED CHILD.
8 (II) IF THE CHILD WAS IN THE CUSTODY OF A PUBLIC OR
9 PRIVATE AGENCY, THE IDENTITY OF THE AGENCY.
10 (III) THE IDENTITY OF THE PUBLIC OR PRIVATE AGENCY
11 UNDER CONTRACT WITH A COUNTY AGENCY TO PROVIDE SERVICES
12 TO THE CHILD AND THE CHILD'S FAMILY IN THE CHILD'S HOME
13 PRIOR TO THE CHILD'S DEATH OR NEAR FATALITY.
14 (IV) THE IDENTITY OF ANY COUNTY AGENCY THAT CONVENED
15 A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM IN RESPECT
16 TO THE CHILD.
17 (2) THE REPORT SHALL NOT BE RELEASED TO THE PUBLIC IF
18 THE DISTRICT ATTORNEY CERTIFIES THAT RELEASE OF THE REPORT
19 MAY COMPROMISE A PENDING CRIMINAL INVESTIGATION OR
20 PROCEEDING. CERTIFICATION BY THE DISTRICT ATTORNEY SHALL STAY
21 THE RELEASE OF THE REPORT FOR A PERIOD OF 60 DAYS, AT WHICH
22 TIME THE REPORT SHALL BE RELEASED UNLESS A NEW CERTIFICATION
23 IS MADE BY THE DISTRICT ATTORNEY.
24 (C) AVAILABILITY TO CERTAIN INDIVIDUALS.--
25 (1) WITHIN 30 DAYS AFTER SUBMISSION OF THE REPORT UNDER
26 SECTION 6365(D) (RELATING TO SERVICES FOR PREVENTION,
27 INVESTIGATION AND TREATMENT OF CHILD ABUSE) TO THE
28 DEPARTMENT, THE REPORT SHALL BE MADE AVAILABLE, UPON REQUEST,
29 TO OTHER INDIVIDUALS TO WHOM CONFIDENTIAL REPORTS MAY BE
30 RELEASED, AS SPECIFIED BY SECTION 6340. THE REPORT SHALL BE
20070S1026B1649 - 15 -
1 MADE AVAILABLE TO THE PUBLIC, BUT IDENTIFYING INFORMATION
2 SHALL BE REMOVED FROM THE CONTENTS OF THE REPORT EXCEPT FOR
3 DISCLOSURE OF:
4 (I) THE IDENTITY OF A DECEASED CHILD.
5 (II) IF THE CHILD WAS IN THE CUSTODY OF A PUBLIC OR
6 PRIVATE AGENCY, THE IDENTITY OF THE AGENCY.
7 (III) THE IDENTITY OF THE PUBLIC OR PRIVATE AGENCY
8 UNDER CONTRACT WITH A COUNTY AGENCY TO PROVIDE SERVICES
9 TO THE CHILD AND THE CHILD'S FAMILY IN THE CHILD'S HOME
10 PRIOR TO THE CHILD'S DEATH OR NEAR FATALITY.
11 (IV) THE IDENTITY OF ANY COUNTY AGENCY THAT CONVENED
12 A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM IN RESPECT
13 TO THE CHILD.
14 (2) THE REPORT SHALL NOT BE RELEASED TO THE PUBLIC IF
15 THE DISTRICT ATTORNEY CERTIFIES THAT RELEASE OF THE REPORT
16 MAY COMPROMISE A PENDING CRIMINAL INVESTIGATION OR
17 PROCEEDING. CERTIFICATION BY THE DISTRICT ATTORNEY SHALL STAY
18 THE RELEASE OF THE REPORT FOR A PERIOD OF 60 DAYS, AT WHICH
19 TIME THE REPORT SHALL BE RELEASED UNLESS A NEW CERTIFICATION
20 IS MADE BY THE DISTRICT ATTORNEY.
21 (D) AVAILABILITY OF RESPONSE.--
22 (1) THE DEPARTMENT'S RESPONSE UNDER SECTION 6365(E) TO
23 THE REPORT OF THE CHILD FATALITY OR NEAR FATALITY REVIEW TEAM
24 SHALL BE MADE AVAILABLE, UPON REQUEST, TO OTHER INDIVIDUALS
25 TO WHOM CONFIDENTIAL REPORTS MAY BE RELEASED, AS SPECIFIED
26 UNDER SECTION 6340. THE DEPARTMENT'S RESPONSE SHALL BE MADE
27 AVAILABLE TO THE PUBLIC, BUT IDENTIFYING INFORMATION SHALL BE
28 REMOVED FROM THE CONTENTS OF THE RESPONSE, EXCEPT FOR
29 DISCLOSURE OF:
30 (I) THE IDENTITY OF A DECEASED CHILD.
20070S1026B1649 - 16 -
1 (II) IF THE CHILD WAS IN THE CUSTODY OF A PUBLIC OR
2 PRIVATE AGENCY, THE IDENTITY OF THE AGENCY.
3 (III) THE IDENTITY OF THE PUBLIC OR PRIVATE AGENCY
4 UNDER CONTRACT WITH A COUNTY AGENCY TO PROVIDE SERVICES
5 TO THE CHILD AND THE CHILD'S FAMILY IN THE CHILD'S HOME
6 PRIOR TO THE CHILD'S DEATH OR NEAR FATALITY.
7 (IV) THE IDENTITY OF ANY COUNTY AGENCY THAT CONVENED
8 A CHILD FATALITY OR NEAR FATALITY REVIEW TEAM IN RESPECT
9 TO THE CHILD.
10 (2) THE RESPONSE SHALL NOT BE RELEASED TO THE PUBLIC IF
11 THE DISTRICT ATTORNEY CERTIFIES THAT RELEASE OF THE RESPONSE
12 MAY COMPROMISE A PENDING CRIMINAL INVESTIGATION OR
13 PROCEEDING. CERTIFICATION BY THE DISTRICT ATTORNEY SHALL STAY
14 THE RELEASE OF THE REPORT FOR A PERIOD OF 60 DAYS, AT WHICH
15 TIME THE REPORT SHALL BE RELEASED UNLESS A NEW CERTIFICATION
16 IS MADE BY THE DISTRICT ATTORNEY.
17 Section 5 9. This act shall take effect in six months. <--
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