Print Friendly 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
|||| 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
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
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
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.
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-
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
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.
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
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
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.
Name: Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE H 578