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.