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.