By Van de Putte                                       H.B. No. 1936
       74R5892 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the child fatality review team committee and child
    1-3  fatality review teams.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 74, Human Resources Code, is amended by
    1-6  adding Subchapter B to read as follows:
    1-7                 SUBCHAPTER B.  CHILD FATALITY REVIEW
    1-8        Sec. 74.031.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "Bureau of vital statistics" means the bureau of
   1-10  vital statistics of the Texas Department of Health.
   1-11              (2)  "Child" means a person younger than 18 years of
   1-12  age.
   1-13              (3)  "Committee" means the child fatality review team
   1-14  committee.
   1-15              (4)  "Health care provider" means any health care
   1-16  practitioner or facility that provides medical evaluation or
   1-17  treatment, including dental and mental health evaluation or
   1-18  treatment.
   1-19              (5)  "Meeting" means an in-person meeting or a meeting
   1-20  held by telephone or other electronic medium.
   1-21              (6)  "Preventable death" means a death that may have
   1-22  been prevented by reasonable medical, social, legal, psychological,
   1-23  or educational intervention.  The term includes the death of a
   1-24  child from:
    2-1                    (A)  intentional or unintentional injuries;
    2-2                    (B)  medical neglect;
    2-3                    (C)  lack of access to medical care;
    2-4                    (D)  neglect and reckless conduct, including
    2-5  failure to supervise and failure to seek medical care; and
    2-6                    (E)  premature birth associated with any factor
    2-7  described by Paragraphs (A)-(D).
    2-8              (7)  "Review" means a reexamination of information
    2-9  regarding a deceased child from relevant agencies, professionals,
   2-10  and health care providers.
   2-11              (8)  "Review team" means a child fatality review team
   2-12  established under this subchapter.
   2-13              (9)  "Unexpected death" includes a death of a child
   2-14  that, before investigation:
   2-15                    (A)  appears to have occurred without
   2-16  anticipation or forewarning; and
   2-17                    (B)  was caused by trauma, suspicious or obscure
   2-18  circumstances, sudden infant death syndrome, child abuse or
   2-19  neglect, or an unknown cause.
   2-20        Sec. 74.032.  COMMITTEE.  (a)  The child fatality review team
   2-21  committee is a committee within the council.  The committee is
   2-22  composed of:
   2-23              (1)  a person appointed by and representing the state
   2-24  registrar for the bureau of vital statistics;
   2-25              (2)  a person appointed by and representing the
   2-26  director of Protective Services for Families and Children of the
   2-27  Department of Protective and Regulatory Services;
    3-1              (3)  a person appointed by and representing the
    3-2  director of the bureau of epidemiology of the Texas Department of
    3-3  Health;
    3-4              (4)  a person appointed by and representing the
    3-5  executive director of the trust fund; and
    3-6              (5)  individuals selected under Subsection (b).
    3-7        (b)  The members of the committee who serve under Subsections
    3-8  (a)(1)-(4) shall select the following additional committee members:
    3-9              (1)  a criminal prosecutor involved in prosecuting
   3-10  crimes against children;
   3-11              (2)  a sheriff;
   3-12              (3)  a justice of the peace or medical examiner;
   3-13              (4)  a police chief;
   3-14              (5)  a pediatrician experienced in diagnosing and
   3-15  treating child abuse and neglect;
   3-16              (6)  a child educator;
   3-17              (7)  a child mental health provider;
   3-18              (8)  a public health professional;
   3-19              (9)  a protective services specialist;
   3-20              (10)  a sudden infant death syndrome family service
   3-21  provider;
   3-22              (11)  a neonatologist;
   3-23              (12)  a child advocate; and
   3-24              (13)  a chief juvenile probation officer.
   3-25        (c)  Members of the committee serve two-year terms that
   3-26  expire on February 1 of each even-numbered year.
   3-27        (d)  Members selected under Subsection (b) must reflect the
    4-1  geographical, cultural, racial, and ethnic diversity of the state.
    4-2        (e)  An appointment to a vacancy on the committee shall be
    4-3  made in the same manner as the original appointment.
    4-4        (f)  Members of the committee shall select a presiding
    4-5  officer from the members of the committee.
    4-6        (g)  The committee shall meet at least quarterly.
    4-7        (h)  A member of the committee is not entitled to
    4-8  compensation for serving on the committee but is entitled to
    4-9  reimbursement for the member's travel expenses as provided in the
   4-10  General Appropriations Act.  Reimbursement under this section shall
   4-11  be paid from funds appropriated to the council.
   4-12        Sec. 74.033.    PURPOSE AND DUTIES OF COMMITTEE.  (a)  The
   4-13  purpose of the committee is to:
   4-14              (1)  develop an understanding of the causes and
   4-15  incidence of child deaths in this state;
   4-16              (2)  identify procedures within the agencies
   4-17  represented on the committee to reduce the number of preventable
   4-18  child deaths; and
   4-19              (3)  promote public awareness and make recommendations
   4-20  to the governor and the legislature for changes in law, policy, and
   4-21  practice to reduce the number of preventable child deaths.
   4-22        (b)  To achieve its purpose, the committee shall:
   4-23              (1)  recognize the creation and participation of review
   4-24  teams;
   4-25              (2)  perform annual statistical studies of the
   4-26  incidence and causes of child fatalities using data submitted by
   4-27  review teams to the bureau of vital statistics;
    5-1              (3)  promote training to assist the review teams in
    5-2  carrying out their duties;
    5-3              (4)  assist the Texas Department of Health in
    5-4  developing model protocols for:
    5-5                    (A)  the reporting and investigating of child
    5-6  fatalities for law enforcement agencies, child protective services,
    5-7  justices of the peace and medical examiners, and other
    5-8  professionals involved in the investigations of child deaths;
    5-9                    (B)  the collection of data regarding child
   5-10  deaths; and
   5-11                    (C)  the operation of the review teams;
   5-12              (5)  promote education of the public regarding the
   5-13  incidence and causes of child deaths, the public role in preventing
   5-14  child deaths, and specific steps the public can undertake to
   5-15  prevent child deaths; and
   5-16              (6)  develop and implement procedures necessary for the
   5-17  operation of the committee.
   5-18        (c)  The committee shall enlist the support and assistance of
   5-19  civic, philanthropic, and public service organizations in the
   5-20  performance of its duties under Subsection (b)(5).
   5-21        (d)  The committee shall coordinate data collection under
   5-22  this subchapter with data collection by the Texas Department of
   5-23  Health.
   5-24        (e)  The committee shall issue biennial reports on the
   5-25  committee's activities, including findings and recommendations
   5-26  relating to each purpose and duty of the committee described by
   5-27  this section.  Not later than December 1 of each even-numbered
    6-1  year, the committee shall publish the report and submit a copy of
    6-2  the report to the governor, lieutenant governor, and speaker of the
    6-3  house of representatives.
    6-4        Sec. 74.034.  MEETINGS OF COMMITTEE.  (a)  Except as provided
    6-5  by Subsections (b), (c), and (d), meetings of the committee are
    6-6  subject to Chapter 551, Government Code, as if the committee were a
    6-7  governmental body under that chapter.
    6-8        (b)  Any portion of a meeting of the committee during which
    6-9  the committee discusses an individual child's death is closed to
   6-10  the public and is not subject to Chapter 551, Government Code.
   6-11        (c)  Information identifying a deceased child, a member of
   6-12  the child's family, a guardian or caretaker of the child, or an
   6-13  alleged or suspected perpetrator of abuse or neglect of the child
   6-14  may not be disclosed during a public meeting.
   6-15        (d)  Information regarding the involvement of a state or
   6-16  local agency with the deceased child or another person described by
   6-17  Subsection (c) may not be disclosed during a public meeting.
   6-18        (e)  The committee may conduct an open or closed meeting by
   6-19  telephone conference call or other electronic medium.  A meeting
   6-20  held under this subsection is subject to the notice requirements
   6-21  applicable to other meetings.  The notice of the meeting must
   6-22  specify as the location of the meeting the location where meetings
   6-23  of the committee are usually held.  Each part of the meeting by
   6-24  telephone conference call that is required to be open to the public
   6-25  shall be audible to the public at the location specified in the
   6-26  notice of the meeting as the location of the meeting and shall be
   6-27  tape-recorded.  The tape recording shall be made available to the
    7-1  public.
    7-2        (f)  This section does not prohibit the committee from
    7-3  requesting the attendance at a closed meeting of a person who is
    7-4  not a member of the committee and who has information regarding a
    7-5  deceased child or another person described by Subsection (c).
    7-6        Sec. 74.035.  DUTIES OF COUNCIL.  The council shall provide
    7-7  staff as necessary to assist the committee in performing its
    7-8  duties.
    7-9        Sec. 74.036.  ESTABLISHMENT OF REVIEW TEAM.  (a)  A
   7-10  multidisciplinary and multiagency child fatality review team may be
   7-11  established for a county to review child deaths in that county.  A
   7-12  review team for a county with a population of less than 50,000 may
   7-13  join with an adjacent county or counties to establish a combined
   7-14  review team.
   7-15        (b)  Any person who may be a member of a review team under
   7-16  Subsection (c) may initiate the establishment of a review team and
   7-17  call the first organizational meeting of the team.
   7-18        (c)  A review team may include:
   7-19              (1)  a criminal prosecutor involved in prosecuting
   7-20  crimes against children;
   7-21              (2)  a sheriff;
   7-22              (3)  a justice of the peace or medical examiner;
   7-23              (4)  a police chief;
   7-24              (5)  a pediatrician experienced in diagnosing and
   7-25  treating child abuse and neglect;
   7-26              (6)  a child educator;
   7-27              (7)  a child mental health provider;
    8-1              (8)  a public health professional;
    8-2              (9)  a protective services specialist;
    8-3              (10)  a sudden infant death syndrome family service
    8-4  provider;
    8-5              (11)  a neonatologist;
    8-6              (12)  a child advocate; and
    8-7              (13)  a chief juvenile probation officer.
    8-8        (d)  Members of a review team may select additional team
    8-9  members according to community resources and needs.
   8-10        (e)  A review team shall select a presiding officer from its
   8-11  members.
   8-12        (f)  On application of a review team established under this
   8-13  section, the committee shall recognize the review team.
   8-14        Sec. 74.037. PURPOSE AND DUTIES OF REVIEW TEAM.  (a)  The
   8-15  purpose of a review team is to decrease the incidence of
   8-16  preventable child deaths by:
   8-17              (1)  providing assistance, direction, and coordination
   8-18  to investigations of child deaths;
   8-19              (2)  promoting cooperation, communication, and
   8-20  coordination among agencies involved in responding to child
   8-21  fatalities;
   8-22              (3)  developing an understanding of the causes and
   8-23  incidence of child deaths in the county or counties in which the
   8-24  review team is located;
   8-25              (4)  recommending changes to agencies, through the
   8-26  agency's representative member, that will reduce the number of
   8-27  preventable child deaths; and
    9-1              (5)  advising the committee on changes to law, policy,
    9-2  or practice that will assist the team and the agencies represented
    9-3  on the team in fulfilling their duties.
    9-4        (b)  To achieve its purpose, a review team shall:
    9-5              (1)  adapt and implement, according to local needs and
    9-6  resources, the model protocols developed by the Texas Department of
    9-7  Health with the assistance of the committee;
    9-8              (2)  meet on a regular basis to review child fatality
    9-9  cases and recommend methods to improve coordination of services and
   9-10  investigations between agencies that are represented on the team;
   9-11              (3)  collect and maintain data as required by the
   9-12  committee; and
   9-13              (4)  submit to the bureau of vital statistics data
   9-14  reports on deaths reviewed.
   9-15        (c)  A review team shall initiate prevention measures as
   9-16  indicated by the review team's findings.
   9-17        Sec. 74.038.  DUTIES OF PRESIDING OFFICER.  The presiding
   9-18  officer of a review team shall:
   9-19              (1)  send notices to the review team members of a
   9-20  meeting to review a child fatality;
   9-21              (2)  provide a list to the review team members of each
   9-22  child fatality to be reviewed at the meeting;
   9-23              (3)  submit data reports to the bureau of vital
   9-24  statistics not later than the 30th day after the date on which the
   9-25  review took place; and
   9-26              (4)  ensure that the review team operates according to
   9-27  the protocols developed by the committee, as adapted by the review
   10-1  team.
   10-2        Sec. 74.039.  REVIEW PROCEDURE.  (a)  The review team of the
   10-3  county in which the injury, illness, or event that was the cause of
   10-4  the death of the child occurred, as stated on the child's death
   10-5  certificate, shall review the death.
   10-6        (b)  On receipt of the list of child fatalities under Section
   10-7  74.038(a), each review team member shall review the member's
   10-8  records and the records of the member's agency for information
   10-9  regarding each listed child, members of the child's family, a
  10-10  guardian or caretaker of the child, or an alleged or suspected
  10-11  perpetrator of abuse or neglect of the child.
  10-12        Sec. 74.040.  ACCESS TO INFORMATION.  (a)  A review team may
  10-13  request information and records regarding a deceased child and
  10-14  members of the child's family, a guardian or caretaker of the
  10-15  child, or an alleged or suspected perpetrator of abuse or neglect
  10-16  of the child as necessary to carry out the review team's purpose
  10-17  and duties.  Records and information that may be requested under
  10-18  this section include:
  10-19              (1)  medical, dental, and mental health care
  10-20  information; and
  10-21              (2)  information and records maintained by any state or
  10-22  local government agency, including:
  10-23                    (A)  a birth certificate;
  10-24                    (B)  law enforcement investigative data;
  10-25                    (C)  medical examiner investigative data;
  10-26                    (D)  juvenile court records;
  10-27                    (E)  parole and probation information and
   11-1  records; and
   11-2                    (F)  child protective services information and
   11-3  records.
   11-4        (b)  On request of the presiding officer of a review team,
   11-5  the custodian of the relevant information and records shall provide
   11-6  those records to the review team.
   11-7        Sec. 74.041.  MEETING OF REVIEW TEAM.  (a)  A meeting of a
   11-8  review team is closed to the public and not subject to Chapter 551,
   11-9  Government Code.
  11-10        (b)  This section does not prohibit a review team from
  11-11  requesting the attendance at a closed meeting of a person who is
  11-12  not a member of the review team and who has information regarding a
  11-13  deceased child or members of the child's family, a guardian or
  11-14  caretaker of the child, or an alleged or suspected perpetrator of
  11-15  abuse or neglect of the child.
  11-16        (c)  Except as necessary to carry out a review team's purpose
  11-17  and duties, members of a review team and persons attending a review
  11-18  team meeting may not disclose what occurred at the meeting.
  11-19        (d)  A member of a review team participating in the review of
  11-20  a child death is immune from civil or criminal liability arising
  11-21  from information presented in or opinions formed as a result of a
  11-22  meeting.
  11-23        Sec. 74.042.  USE OF INFORMATION AND RECORDS;
  11-24  CONFIDENTIALITY.  (a)  Information and records acquired by the
  11-25  committee or by a review team in the exercise of its purpose and
  11-26  duties under this subchapter are confidential and exempt from
  11-27  disclosure under Chapter 552, Government Code, and may only be
   12-1  disclosed as necessary to carry out the committee's or review
   12-2  team's purpose and duties.
   12-3        (b)  A report of the committee or of a review team or a
   12-4  statistical compilation of data reports is a public record subject
   12-5  to Chapter 552, Government Code, as if the committee or review team
   12-6  were a governmental body under that chapter, if the report or
   12-7  statistical compilation does not contain any information that would
   12-8  permit the identification of an individual.
   12-9        (c)  A member of a review team may not disclose any
  12-10  information that is confidential under this section.
  12-11        (d)  Information, documents, and records of the committee or
  12-12  of a review team that are confidential under this section are not
  12-13  subject to subpoena or discovery and may not be introduced into
  12-14  evidence in any civil or criminal proceeding, except that
  12-15  information, documents, and records otherwise available from other
  12-16  sources are not immune from subpoena, discovery, or introduction
  12-17  into evidence solely because they were presented during proceedings
  12-18  of the committee or a review team or are maintained by the
  12-19  committee or a review team.
  12-20        SECTION 2.  (a)  Sections 74.001-74.011, Human Resources
  12-21  Code, are designated as Subchapter A, Chapter 74, Human Resources
  12-22  Code.
  12-23        (b)  Chapter 74, Human Resources Code, is amended by adding a
  12-24  subchapter heading for Subchapter A to read as follows:
  12-25                   SUBCHAPTER A.  GENERAL PROVISIONS
  12-26        SECTION 3.  (a)  The executive director of the Children's
  12-27  Trust Fund of Texas shall call a meeting of the individuals to
   13-1  serve on the child fatality review team committee under Sections
   13-2  74.032(a)(1)-(4), Human Resources Code, as added by this Act, to be
   13-3  held not later than October 1, 1995.  Those members of the
   13-4  committee shall select the members to serve under Section
   13-5  74.032(b), Human Resources Code, as added by this Act, not later
   13-6  than December 1, 1995.
   13-7        (b)  The initial members of the committee are appointed to
   13-8  serve terms expiring February 1, 1996.
   13-9        (c)  The first meeting of the child fatality review team
  13-10  committee that includes members selected under Section 74.032(b),
  13-11  Human Resources Code, shall be held not later than January 1, 1996.
  13-12        SECTION 4.  The importance of this legislation and the
  13-13  crowded condition of the calendars in both houses create an
  13-14  emergency and an imperative public necessity that the
  13-15  constitutional rule requiring bills to be read on three several
  13-16  days in each house be suspended, and this rule is hereby suspended,
  13-17  and that this Act take effect and be in force from and after its
  13-18  passage, and it is so enacted.