View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
H0578|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 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