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                                                       PRINTER'S NO. 732

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 684 Session of 2007


        INTRODUCED BY BAKER, BROWNE, COSTA, FERLO, GREENLEAF, KITCHEN,
           ORIE, O'PAKE, RAFFERTY, RHOADES, WAUGH AND WONDERLING,
           MARCH 23, 2007

        REFERRED TO AGING AND YOUTH, MARCH 23, 2007

                                     AN ACT

     1  Providing for child death review.

     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4  Section 1.  Short title.
     5     This act shall be known and may be cited as the Child Death
     6  Review Act.
     7  Section 2.  Definitions.
     8     The following words and phrases when used in this act shall
     9  have the meanings given to them in this section unless the
    10  context clearly indicates otherwise:
    11     "Child."  An individual under 20 years of age.
    12     "Child death review data collection system."  A data
    13  collection system approved by the National MCH Center for Child
    14  Death Review or a similar national organization.
    15     "Department."  The Department of Health of the Commonwealth.
    16     "Local child death review team."  A county or regional team
    17  comprised of professionals from organizations and local agencies

     1  who review cases of child deaths in accordance with protocols
     2  established by the State child death review team.
     3     "State child death review team."  A State team comprised of
     4  multidisciplinary professionals and representatives of State
     5  agencies who review data submitted by local child death review
     6  teams to develop protocols for child death reviews and child
     7  death prevention strategies.
     8  Section 3.  Child Death Review Program.
     9     (a)  Establishment.--The department shall establish the Child
    10  Death Review Program which shall develop State and local
    11  multiagency, multidisciplinary teams to examine the
    12  circumstances surrounding deaths in this Commonwealth for the
    13  purpose of promoting safety and reducing child fatalities.
    14     (b)  State child death review team.--The program shall be
    15  administered by a State child death review team comprised of the
    16  following:
    17         (1)  The Secretary of Health or a designee, who shall
    18     serve as chairman.
    19         (2)  The Director of the Office of Children, Youth and
    20     Families within the Department of Public Welfare.
    21         (3)  The Commissioner of the Pennsylvania State Police or
    22     a designee.
    23         (4)  A physician who specializes in pediatric medicine
    24     appointed by the Governor.
    25         (5)  A physician who specializes in family medicine
    26     appointed by the Governor.
    27         (6)  A representative of local law enforcement appointed
    28     by the Attorney General.
    29         (7)  A representative of emergency medical services
    30     appointed by the Governor.
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     1         (8)  A member of the Attorney General's Medical/Legal
     2     Advisory Board on Child Abuse appointed by the Attorney
     3     General.
     4         (9)  The State Fire Commissioner or a designee.
     5         (10)  A coroner appointed by the Pennsylvania State
     6     Coroners Association.
     7         (11)  A district attorney appointed by the Pennsylvania
     8     District Attorneys Association.
     9         (12)  Any other member deemed appropriate by a majority
    10     vote of the State child death review team.
    11     (c)  Powers and duties.--The State child death review team
    12  shall have the following powers and duties:
    13         (1)  Assist in the establishment and coordination of
    14     local child death review teams.
    15         (2)  Coordinate the collection of child death data
    16     including the development and distribution of a form to be
    17     used by local child death review teams to report information
    18     and procedures for sharing the data with State and local
    19     agencies as appropriate.
    20         (3)  Develop protocols to be used in the review of child
    21     deaths.
    22         (4)  Provide training and technical assistance to local
    23     child death review teams, local agencies and individuals
    24     relating to the child deaths.
    25         (5)  Review reports from local child death review teams.
    26         (6)  Identify best prevention strategies and activities,
    27     including an assessment of the following:
    28             (i)  Effectiveness.
    29             (ii)  Ease of implementation.
    30             (iii)  Cost.
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     1             (iv)  Sustainability.
     2             (v)  Potential community support.
     3             (vi)  Unintended consequences.
     4         (7)  Adopt programs, policies, recommendations and
     5     strategies based on collected data to prevent child deaths.
     6         (8)  Review statutes and regulations relating to
     7     confidentiality and access to information relating to
     8     children from agencies responsible for the health and safety
     9     of children and propose recommended changes to appropriate
    10     Commonwealth agencies and the General Assembly.
    11         (9)  Provide public information and education regarding
    12     the incidence and causes of child injury and death and the
    13     reduction of risks to children to agencies, health care
    14     professionals, child care professionals and the public.
    15         (10)  Submit an annual report to the Governor and the
    16     General Assembly by September of each year relating to the
    17     activities of the State child death review team, a summary of
    18     reports received from local child death review teams and
    19     recommendations relating to the reduction of risk of child
    20     injury or death.
    21     (d)  Quorum.--A majority of the members of the State child
    22  death review team shall constitute a quorum.
    23     (e)  Staff.--Staffing for the State child death review team
    24  shall be provided by the department.
    25     (f)  Initial meeting.--The initial meeting of the State child
    26  death review team shall be held within 90 days of the effective
    27  date of this section.
    28  Section 4.  Local child death review teams.
    29     (a)  Establishment.--Each county in this Commonwealth shall
    30  establish a local child death review team. A local child death
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     1  review team shall be comprised of the following:
     2         (1)  A representative appointed by the county child
     3     protective services agency.
     4         (2)  A representative appointed by the district attorney.
     5         (3)  A representative of local law enforcement appointed
     6     by the county commissioners.
     7         (4)  A representative of the court of common pleas
     8     appointed by the president judge.
     9         (5)  A physician who specializes in pediatric or family
    10     medicine appointed by the county commissioners from a list of
    11     three physicians provided by the Pennsylvania Chapter of the
    12     American Academy of Pediatrics.
    13         (6)  The county coroner or medical examiner.
    14         (7)  A representative from emergency medical services
    15     selected by all emergency medical organizations in the
    16     county. If the emergency medical services organizations fail
    17     to appoint a representative, the representative shall be
    18     appointed by the county commissioners.
    19         (8)  Any other person deemed appropriate by the local
    20     child death review team.
    21     (b)  Chairman.--The members of the local child death review
    22  team shall annually elect a chairman.
    23     (c)  Regional teams.--Counties may cooperate to establish a
    24  regional child death review team that may include a
    25  representative from each county for each category of
    26  representative identified in subsection (a).
    27  Section 5.  Powers and duties of local child death review teams.
    28     (a)  Review.--A local child death review team shall review
    29  all deaths of children and may review the following information:
    30         (1)  Coroner's reports or postmortem examination records.
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     1         (2)  Death certificates and birth certificates.
     2         (3)  Law enforcement records and interviews with law
     3     enforcement officials.
     4         (4)  Medical records from hospitals and other health care
     5     providers.
     6         (5)  Information and reports made available by the county
     7     child protection services agency.
     8         (6)  Information made available by firefighters or
     9     emergency services personnel.
    10         (7)  Reports and records made available by the court.
    11         (8)  Reports to animal control.
    12         (9)  EMS records.
    13         (10)  Traffic fatality reports.
    14         (11)  Any other records necessary to conduct the review.
    15     (b)  Data collection.--The local child death review team
    16  shall utilize the child death review data collection system to
    17  report its findings in accordance with protocols established by
    18  the State child death review team.
    19     (c)  Reports.--A local child death review team shall submit
    20  biennial reports on deaths reviewed to the State child death
    21  review team which shall include all of the following:
    22         (1)  Identification of factors which cause a risk for
    23     injury and death, including modifiable risk factors.
    24         (2)  Recommendations regarding the following:
    25             (i)  The improvement of health and safety policies in
    26         this Commonwealth.
    27             (ii)  The coordination of services and investigations
    28         by child welfare agencies, medical officials, law
    29         enforcement and other agencies.
    30         (3)  Any other information required by the department.
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     1     (d)  Recommendations.--A local child death review team shall
     2  make recommendations to local agencies relating to the
     3  procedures and other actions to reduce injury and death of
     4  children.
     5  Section 6.  Access to records.
     6     (a)  Juvenile records.--Notwithstanding any other provision
     7  of law, all files and records of the court in a proceeding under
     8  42 Pa.C.S. Ch. 63 (relating to juvenile matters) shall be open
     9  to inspection by a State or local child death review team under
    10  42 Pa.C.S. § 6307 (relating to inspection of court files and
    11  records).
    12     (b)  Medical records.--Notwithstanding any other provision of
    13  law, health care facilities and health care providers shall
    14  provide medical records without the authorization of a person in
    15  interest to the State child death review team and to a local
    16  child death review team for purposes of review under this act.
    17     (c)  Other records.--Other records pertaining to the child
    18  under review for the purposes of this act shall be open to
    19  inspection as permitted by law.
    20  Section 7.  Confidentiality.
    21     (a)  Maintenance.--State and local child death review teams
    22  shall maintain the confidentiality of any information obtained
    23  relating to the death of a child, including the name of the
    24  child, in accordance with law and the requirements of the
    25  department.
    26     (b)  Agreement.--Each member of a local child death review
    27  team and any person appearing before the team shall sign a
    28  confidentiality agreement applicable to all proceedings and
    29  reviews conducted by the local child death review team.
    30     (c)  Liability.--An individual or agency that in good faith
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     1  provides information or records to a State or local child death
     2  review team shall not be subject to civil or criminal liability
     3  as a result of providing the information or record.
     4     (d)  Discovery.--The proceedings, deliberations and records
     5  of a State or local child death review team are privileged and
     6  confidential and shall not be subject to discovery, subpoena or
     7  introduction into evidence in any civil or criminal action.
     8     (e)  Meetings.--Meetings of the State or local child death
     9  review team at which a specific child death is discussed shall
    10  be closed to the public and shall not be subject to the
    11  provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).
    12     (f)  Identifying information.--Information identifying a
    13  deceased child, a family member, guardian or caretaker of a
    14  deceased child or an alleged or suspected perpetrator of abuse,
    15  neglect or a criminal act shall not be disclosed to the public.
    16     (g)  Attendance.--Nothing in this act shall prevent a State
    17  or local child death review team from allowing the attendance of
    18  a person, including a parent, with information relevant to a
    19  review, at a child death review meeting.
    20     (h)  Penalty.--A person who violates the provisions of this
    21  section commits a misdemeanor.
    22  Section 20.  Regulations.
    23     The Department of Health and the Department of Public Welfare
    24  shall promulgate regulations to carry out the purposes of this
    25  act.
    26  Section 21.  Effective date.
    27     This act shall take effect in 90 days.


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