2000 Legislation
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HOUSE BILL NO. 578 – Child fatality review comm authoriz

HOUSE BILL NO. 578

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H0578.................................................by HEALTH AND WELFARE
CHILD FATALITY REVIEW COMMITTEES - Amends and adds to existing law to
authorize county child abuse multidisciplinary teams to establish child
fatality review committees within their jurisdiction; to provide for
membership; to provide procedures and powers of the committee; and to
exempt from disclosure the records, findings, determinations, decisions and
recommendations of any child fatality review committee and any statewide
child mortality review committee.
                                                                        
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Health/Wel

Bill Text


 H0578
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 578
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CHILD FATALITY REVIEW COMMITTEES; AMENDING CHAPTER 16,  TITLE  16,
  3        IDAHO  CODE,  BY  THE  ADDITION  OF A NEW SECTION 16-1609C, IDAHO CODE, TO
  4        AUTHORIZE COUNTY CHILD ABUSE MULTIDISCIPLINARY TEAMS  TO  ESTABLISH  CHILD
  5        FATALITY REVIEW COMMITTEES WITHIN THEIR JURISDICTION, TO PROVIDE FOR  MEM-
  6        BERSHIP  AND  TO  PROVIDE PROCEDURES AND POWERS OF THE COMMITTEE; AMENDING
  7        SECTION 9-340B, IDAHO CODE, TO EXEMPT FROM DISCLOSURE THE  RECORDS,  FIND-
  8        INGS,  DETERMINATIONS, DECISIONS AND RECOMMENDATIONS OF ANY CHILD FATALITY
  9        REVIEW COMMITTEE AND ANY STATEWIDE CHILD MORTALITY REVIEW COMMITTEE ESTAB-
 10        LISHED BY STATUTE OR EXECUTIVE ORDER OF THE  GOVERNOR;  AND  DECLARING  AN
 11        EMERGENCY.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Chapter  16,  Title 16, Idaho Code, be, and the same is
 14    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 15    ignated as Section 16-1609C, Idaho Code, and to read as follows:
                                                                        
 16        16-1609C.  CHILD  FATALITY  REVIEW  COMMITTEES. (1) Each multidisciplinary
 17    team, as part of its written protocols or policies, may establish a  committee
 18    to  review  fatalities of children, where the death, or event believed to have
 19    caused  death,  occurred  within  the  county  or  counties   in   which   the
 20    multidisciplinary  team  is established. The permanent members of the fatality
 21    review committee shall include a representative of the prosecuting  attorney's
 22    office,  a  representative of the coroner's office, a department of health and
 23    welfare representative, a law enforcement officer, a medical doctor,  and  any
 24    other  person  or persons designated by the multidisciplinary team. Other per-
 25    sons may participate in a review of particular cases at the invitation of  the
 26    fatality review committee and as determined necessary.
 27        (2)  The  fatality review committee, by and through the prosecuting attor-
 28    ney, shall have the power to issue subpoenas duces tecum to compel the produc-
 29    tion of pertinent hospital and other medical records. In any case of disobedi-
 30    ence of a subpoena, relief may be sought from the district court of any county
 31    in this state in which such disobedience occurs to compel compliance with  the
 32    subpoena.
 33        (3)  Permanent  members, those persons participating by invitation and any
 34    other person providing information to a fatality review committee,  if  acting
 35    in good faith within the scope of the function of a fatality review committee,
 36    shall  be  immune  from liability in any civil action brought as a result of a
 37    fatality review investigation or proceeding conducted  by  a  fatality  review
 38    committee.
 39        (4)  Any  entity,  organization or person, acting without malice, who fur-
 40    nishes any report or other information  to  a  fatality  review  committee  or
 41    assists  in the origination, investigation or preparation of any such informa-
 42    tion, or assists a fatality review committee in carrying out any of its duties
 43    or functions, shall be immune from civil liability for any such actions.
                                                                        
                                          2
                                                                        
  1        (5)  Any communication or information directly relating to fatality review
  2    committee investigations or proceedings as provided by law, and  the  proceed-
  3    ings  and  records of the committee related to them, shall be exempt from dis-
  4    closure as provided in section 9-340B, Idaho Code.  Nothing  contained  herein
  5    shall require a fatality review committee to maintain permanent records of its
  6    activities,  or  exempt  any  member of the fatality review committee from the
  7    reporting requirements of section 16-1619, Idaho Code.
  8        (6)  Upon written request, any fatality review committee created  pursuant
  9    to  this  section  shall provide pertinent information it may have relating to
 10    its investigations or proceedings to any statewide child mortality review com-
 11    mittee established by statute or by executive order of the governor,  provided
 12    that  all such information shall remain exempt from further disclosure as pro-
 13    vided in this section and section 9-340B, Idaho Code.
                                                                        
 14        SECTION 2.  That Section 9-340B, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        9-340B.  RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
 17    TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
 18    exempt from disclosure:
 19        (1)  Investigatory records of a law enforcement agency, as defined in sec-
 20    tion  9-337(5),  Idaho  Code, under the conditions set forth in section 9-335,
 21    Idaho Code.
 22        (2)  Juvenile records of a person maintained pursuant to chapter 5,  title
 23    20, Idaho Code, except that facts contained in such records shall be furnished
 24    upon  request  in a manner determined by the court to persons and governmental
 25    and private agencies and institutions conducting pertinent research studies or
 26    having a legitimate interest in the protection, welfare and treatment  of  the
 27    juvenile  who  is  thirteen  (13)  years of age or younger. If the juvenile is
 28    petitioned or charged with  an offense which would be a  criminal  offense  if
 29    committed  by an adult, the name, offense of which the juvenile was petitioned
 30    or charged and disposition of the court shall be subject to disclosure as pro-
 31    vided in section 20-525, Idaho Code.  Additionally,  facts  contained  in  any
 32    records  of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
 33    be furnished upon request  to  any  school  district  where  the  juvenile  is
 34    enrolled or is seeking enrollment.
 35        (3)  (a) Records of the department of correction or the commission of par-
 36        dons and parole to the extent that disclosure thereof would interfere with
 37        the  secure and orderly conduct of their operations, or the rehabilitation
 38        of any person in the custody of the department of correction or on parole,
 39        or would substantially prejudice or prevent the carrying out of the  func-
 40        tions  of  the  department  of correction or the commission of pardons and
 41        parole if the public interest in  confidentiality  clearly  outweighs  the
 42        public  interest  in  disclosure.  Records  exempt  from  disclosure shall
 43        include, but not be limited to, those containing the names  and  addresses
 44        of  witnesses  or victims or those containing information identifying vic-
 45        tims or witnesses.
 46        (b)  Operation manuals of county  jails.  "Operation  manuals"  are  those
 47        internal  documents of any county jail that define the procedures utilized
 48        to maintain security within the jail.
 49        (4)  Voting records of the sexual offender classification board. In accor-
 50    dance with section 18-8315, Idaho Code, the written  record  of  the  vote  to
 51    classify an offender as a violent sexual predator by each board member in each
 52    case reviewed by that board member shall be exempt from disclosure to the pub-
 53    lic  and shall be made available upon request only to the governor, the chair-
                                                                        
                                          3
                                                                        
  1    man of the senate judiciary and rules committee, and the chairman of the house
  2    of representatives judiciary, rules and administration committee, for all law-
  3    ful purposes.
  4        (5)  Records of the sheriff or department of law enforcement  received  or
  5    maintained  pursuant to section 18-3302, Idaho Code, relating to an  applicant
  6    or licensee.
  7        (6)  Records of investigations prepared by the department  of  health  and
  8    welfare pursuant to its statutory responsibilities dealing with the protection
  9    of  children,    the  rehabilitation of youth, adoptions and the commitment of
 10    mentally ill persons.
 11        (7)  Records including, but not limited to, investigative reports, result-
 12    ing from investigations conducted into complaints of  discrimination  made  to
 13    the  Idaho  human  rights  commission  unless  the public interest in allowing
 14    inspection and copying of such records outweighs the legitimate public or pri-
 15    vate interest in maintaining confidentiality of such  records.  A  person  may
 16    inspect  and copy documents from an investigative file to which he or she is a
 17    named party if such documents are not otherwise prohibited from disclosure  by
 18    federal law or regulation or state law. The confidentiality of this subsection
 19    will  no longer apply to any record used in any judicial proceeding brought by
 20    a named party to the complaint or investigation, or by the Idaho human  rights
 21    commission, relating to the complaint of discrimination.
 22        (8)  Records  containing  information obtained by the manager of the Idaho
 23    state insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or  on
 24    behalf of employers or employees contained in underwriting and claims for ben-
 25    efits files.
 26        (9)  The  worker's compensation records of the Idaho industrial commission
 27    provided that the industrial commission shall make such records available:
 28        (a)  To the parties in any worker's compensation claim and to  the  indus-
 29        trial special indemnity fund of the state of Idaho; or
 30        (b)  To  employers  and prospective employers subject to the provisions of
 31        the Americans with disabilities act, 42 U.S.C. 12112, or  other  statutory
 32        limitations,  who  certify  that  the  information is being requested with
 33        respect to a worker to whom the employer has extended an offer of  employ-
 34        ment  and  will be used in accordance with the provisions of the Americans
 35        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
 36        (c)  To employers and prospective employers not subject to the  provisions
 37        of  the  Americans with disabilities act, 42 U.S.C. 12112, or other statu-
 38        tory limitations, provided the employer presents a  written  authorization
 39        from the person to whom the records pertain; or
 40        (d)  To  others  who  demonstrate  that  the  public  interest in allowing
 41        inspection and copying of such records outweighs  the  public  or  private
 42        interest in maintaining the confidentiality of such records, as determined
 43        by a civil court of competent jurisdiction.
 44        (10) Records of investigations compiled by the commission on aging involv-
 45    ing  vulnerable  adults, as defined in section 18-1505, Idaho Code, alleged to
 46    be abused, neglected or exploited.
 47        (11) Criminal history records and  fingerprints,  as  defined  by  section
 48    67-3001,  Idaho  Code, and compiled by the department of law enforcement. Such
 49    records shall be released only in accordance with chapter 30, title 67,  Idaho
 50    Code.
 51        (12)  The records, findings, determinations, decisions and recommendations
 52    of any child fatality review committee formed  under  chapter  16,  title  16,
 53    Idaho  Code, and any statewide child mortality review committee established by
 54    statute or executive order of the governor.
                                                                        
                                          4
                                                                        
  1        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
  2    declared to exist, this act shall be in full force and effect on and after its
  3    passage and approval.

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                      RS 09417C2 
                           
          Existing law requires that each county prosecutor develop an interagency
     multi disciplinary team for investigation of child abuse and neglect referrals.
     I.C.16-1609A. However, no legislation exists authorizing the creation of child
     fatality review committees. This legislation enables a county to develop a separate
     child fatality review committee as an adjunct to its child abuse multi disciplinary
     team. Creation of a child fatality review committee is optional, not mandatory.
     This legislation provides necessary statutory authorization for such a committee
     and needed protections from civil suit and disclosure of private, sensitive
     information; it also provides for access to essential hospital and other medical
     records. 
          Child fatality review committees are expected to foster cooperation among
     and between law enforcement, the county coroner, the county prosecutor and the
     department of health and welfare, and also allow for needed input from medical
     professionals. The purpose of this enabling legislation is to provide a means for
     prompt and effective review and investigation of child fatalities at the local level,
     for the broader goals of promoting child safety and improving the general welfare
     of children in Idaho's communities. 
     
                           
                    FISCAL IMPACT
     
     None 
     
     
     
     
     Contact 
     Name: Wendy Jaquet
     Phone: 332-1133 
     
                                        STATEMENT OF PURPOSE/FISCAL NOTE                         H 578