S.B. No. 81
AN ACT
1-1 relating to children's advocacy, including children's advocacy
1-2 centers and child fatality review and investigation procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 264, Family Code, as added by H.B. No.
1-5 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-6 amended by adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. CHILDREN'S ADVOCACY CENTERS
1-8 Sec. 264.401. DEFINITION. In this subchapter, "center"
1-9 means a children's advocacy center.
1-10 Sec. 264.402. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.
1-11 (a) On the execution of a memorandum of understanding under
1-12 Section 264.403, a children's advocacy center may be established by
1-13 the participating entities.
1-14 (b) A center may be established to serve two or more
1-15 contiguous counties.
1-16 Sec. 264.403. INTERAGENCY MEMORANDUM OF UNDERSTANDING.
1-17 (a) Before a center may be established under Section 264.402, a
1-18 memorandum of understanding regarding participation in operation of
1-19 the center must be executed among:
1-20 (1) the division of the department responsible for
1-21 child abuse investigations;
1-22 (2) representatives of county and municipal law
1-23 enforcement agencies that investigate child abuse in the area to be
1-24 served by the center;
2-1 (3) the county or district attorney who routinely
2-2 prosecutes child abuse cases in the area to be served by the
2-3 center; and
2-4 (4) a representative of any other governmental entity
2-5 that participates in child abuse investigations or offers services
2-6 to child abuse victims that desires to participate in the operation
2-7 of the center.
2-8 (b) A memorandum of understanding executed under this
2-9 section shall include the agreement of each participating entity to
2-10 cooperate in:
2-11 (1) developing a cooperative, team approach to
2-12 investigating child abuse;
2-13 (2) reducing, to the greatest extent possible, the
2-14 number of interviews required of a victim of child abuse to
2-15 minimize the negative impact of the investigation on the child; and
2-16 (3) developing, maintaining, and supporting, through
2-17 the center, an environment that emphasizes the best interests of
2-18 children and that provides investigatory and rehabilitative
2-19 services.
2-20 (c) A memorandum of understanding executed under this
2-21 section may include the agreement of one or more participating
2-22 entities to provide office space and administrative services
2-23 necessary for the center's operation.
2-24 Sec. 264.404. BOARD; ADMINISTRATION OF CENTER. (a) The
2-25 executive officer or board of each participating entity executing a
2-26 memorandum of understanding that establishes a center under this
2-27 subchapter shall appoint a member to serve on the governing board
3-1 of the center.
3-2 (b) A governing board member serves at the pleasure of the
3-3 appointing executive officer or board.
3-4 (c) Service on a center's board by a public officer or
3-5 employee is an additional duty of the office or employment.
3-6 Sec. 264.405. DUTIES. A center shall:
3-7 (1) assess victims of child abuse and their families
3-8 to determine their need for services relating to the investigation
3-9 of child abuse;
3-10 (2) provide services determined to be needed under
3-11 Subdivision (1);
3-12 (3) provide a facility at which a multidisciplinary
3-13 team appointed under Section 264.406 can meet to facilitate the
3-14 efficient and appropriate disposition of child abuse cases through
3-15 the civil and criminal justice systems; and
3-16 (4) coordinate the activities of governmental entities
3-17 relating to child abuse investigations and delivery of services to
3-18 child abuse victims and their families.
3-19 Sec. 264.406. MULTIDISCIPLINARY TEAM. (a) A center's board
3-20 shall appoint a multidisciplinary team to work within the center to
3-21 review new and pending child abuse cases for the purpose of
3-22 coordinating the activities of entities involved in investigation,
3-23 prosecution, and victim services.
3-24 (b) A multidisciplinary team may review a child abuse case
3-25 in which the alleged perpetrator does not have custodial control or
3-26 supervision of the child or is not responsible for the child's
3-27 welfare or care.
4-1 (c) A multidisciplinary team shall consist of persons who
4-2 are involved in the investigation or prosecution of child abuse
4-3 cases or the delivery of services to child abuse victims and their
4-4 families.
4-5 (d) A multidisciplinary team shall meet at the call of the
4-6 board. The board shall call a meeting of the multidisciplinary
4-7 team if:
4-8 (1) a new child abuse case is received; or
4-9 (2) a pending child abuse case requires attention.
4-10 (e) At each meeting, the multidisciplinary team shall
4-11 discuss each active case and the actions of the entities involved
4-12 in investigation, prosecution, and victim services.
4-13 Sec. 264.407. LIABILITY. (a) A person is not liable for
4-14 civil damages for a recommendation made or an opinion rendered in
4-15 good faith while acting in the official scope of the person's
4-16 duties as a member of a multidisciplinary team or as a board
4-17 member, staff member, or volunteer of a center.
4-18 (b) The limitation on civil liability of Subsection (a) does
4-19 not apply if a person's actions constitute gross negligence.
4-20 SECTION 2. Chapter 264, Family Code, as added by H.B. No.
4-21 655, Acts of the 74th Legislature, Regular Session, 1995, is
4-22 amended by adding Subchapter F to read as follows:
4-23 SUBCHAPTER F. CHILD FATALITY REVIEW AND INVESTIGATION
4-24 Sec. 264.501. DEFINITIONS. In this subchapter:
4-25 (1) "Autopsy" and "inquest" have the meanings assigned
4-26 by Section 49.01, Code of Criminal Procedure.
4-27 (2) "Bureau of vital statistics" means the bureau of
5-1 vital statistics of the Texas Department of Health.
5-2 (3) "Child" means a person younger than 18 years of
5-3 age.
5-4 (4) "Committee" means the child fatality review team
5-5 committee.
5-6 (5) "Council" means the Children's Trust Fund of Texas
5-7 Council.
5-8 (6) "Department" means the Department of Protective
5-9 and Regulatory Services.
5-10 (7) "Health care provider" means any health care
5-11 practitioner or facility that provides medical evaluation or
5-12 treatment, including dental and mental health evaluation or
5-13 treatment.
5-14 (8) "Meeting" means an in-person meeting or a meeting
5-15 held by telephone or other electronic medium.
5-16 (9) "Preventable death" means a death that may have
5-17 been prevented by reasonable medical, social, legal, psychological,
5-18 or educational intervention. The term includes the death of a
5-19 child from:
5-20 (A) intentional or unintentional injuries;
5-21 (B) medical neglect;
5-22 (C) lack of access to medical care;
5-23 (D) neglect and reckless conduct, including
5-24 failure to supervise and failure to seek medical care; and
5-25 (E) premature birth associated with any factor
5-26 described by Paragraphs (A)-(D).
5-27 (10) "Review" means a reexamination of information
6-1 regarding a deceased child from relevant agencies, professionals,
6-2 and health care providers.
6-3 (11) "Review team" means a child fatality review team
6-4 established under this subchapter.
6-5 (12) "Unexpected death" includes a death of a child
6-6 that, before investigation:
6-7 (A) appears to have occurred without
6-8 anticipation or forewarning; and
6-9 (B) was caused by trauma, suspicious or obscure
6-10 circumstances, sudden infant death syndrome, abuse or neglect, or
6-11 an unknown cause.
6-12 Sec. 264.502. COMMITTEE. (a) The child fatality review
6-13 team committee is composed of:
6-14 (1) a person appointed by and representing the state
6-15 registrar for the bureau of vital statistics;
6-16 (2) a person appointed by and representing the
6-17 director of Protective Services for Families and Children of the
6-18 department;
6-19 (3) a person appointed by and representing the
6-20 director of the bureau of epidemiology of the Texas Department of
6-21 Health;
6-22 (4) a person appointed by and representing the
6-23 executive director of the council; and
6-24 (5) individuals selected under Subsection (b).
6-25 (b) The members of the committee who serve under Subsections
6-26 (a)(1)-(4) shall select the following additional committee members:
6-27 (1) a criminal prosecutor involved in prosecuting
7-1 crimes against children;
7-2 (2) a sheriff;
7-3 (3) a justice of the peace;
7-4 (4) a medical examiner;
7-5 (5) a police chief;
7-6 (6) a pediatrician experienced in diagnosing and
7-7 treating child abuse and neglect;
7-8 (7) a child educator;
7-9 (8) a child mental health provider;
7-10 (9) a public health professional;
7-11 (10) a child protective services specialist;
7-12 (11) a sudden infant death syndrome family service
7-13 provider;
7-14 (12) a neonatologist;
7-15 (13) a child advocate; and
7-16 (14) a chief juvenile probation officer.
7-17 (c) Members of the committee selected under Subsection (b)
7-18 serve two-year terms that expire on February 1 of each
7-19 even-numbered year.
7-20 (d) Members selected under Subsection (b) must reflect the
7-21 geographical, cultural, racial, and ethnic diversity of the state.
7-22 (e) An appointment to a vacancy on the committee shall be
7-23 made in the same manner as the original appointment.
7-24 (f) Members of the committee shall select a presiding
7-25 officer from the members of the committee.
7-26 (g) The presiding officer of the committee shall call the
7-27 meetings of the committee, which shall be held at least quarterly.
8-1 (h) A member of the committee is not entitled to
8-2 compensation for serving on the committee but is entitled to
8-3 reimbursement for the member's travel expenses as provided in the
8-4 General Appropriations Act. Reimbursement under this subsection
8-5 for a person serving on the committee under Subsection (a)(1) or
8-6 (3) shall be paid from funds appropriated to the Texas Department
8-7 of Health. Reimbursement for other persons serving on the
8-8 committee shall be paid equally from funds appropriated to the
8-9 department and funds appropriated to the council.
8-10 Sec. 264.503. PURPOSE AND DUTIES OF COMMITTEE AND
8-11 SPECIFIED STATE AGENCIES. (a) The purpose of the committee is to:
8-12 (1) develop an understanding of the causes and
8-13 incidence of child deaths in this state;
8-14 (2) identify procedures within the agencies
8-15 represented on the committee to reduce the number of preventable
8-16 child deaths; and
8-17 (3) promote public awareness and make recommendations
8-18 to the governor and the legislature for changes in law, policy, and
8-19 practice to reduce the number of preventable child deaths.
8-20 (b) To ensure that the committee achieves its purpose, the
8-21 department, the council, and the Texas Department of Health shall
8-22 perform the duties specified by this section.
8-23 (c) The department shall:
8-24 (1) recognize the creation and participation of review
8-25 teams;
8-26 (2) promote and coordinate training to assist the
8-27 review teams in carrying out their duties;
9-1 (3) assist the committee in developing model protocols
9-2 for:
9-3 (A) the reporting and investigating of child
9-4 fatalities for law enforcement agencies, child protective services,
9-5 justices of the peace and medical examiners, and other
9-6 professionals involved in the investigations of child deaths;
9-7 (B) the collection of data regarding child
9-8 deaths; and
9-9 (C) the operation of the review teams; and
9-10 (4) develop and implement procedures necessary for the
9-11 operation of the committee.
9-12 (d) The council shall promote education of the public
9-13 regarding the incidence and causes of child deaths, the public role
9-14 in preventing child deaths, and specific steps the public can
9-15 undertake to prevent child deaths. The committee shall enlist the
9-16 support and assistance of civic, philanthropic, and public service
9-17 organizations in the performance of the duties imposed under this
9-18 subsection.
9-19 (e) The Texas Department of Health shall:
9-20 (1) collect data under this subchapter and coordinate
9-21 the collection of data under this subchapter with other data
9-22 collection activities; and
9-23 (2) perform annual statistical studies of the
9-24 incidence and causes of child fatalities using the data collected
9-25 under this subchapter.
9-26 (f) The committee shall issue annual reports on the
9-27 committee's activities, including findings and recommendations
10-1 relating to each purpose and duty of the committee described by
10-2 this section. Not later than December 1 of each even-numbered
10-3 year, the committee shall publish the report and submit a copy of
10-4 the report to the governor, lieutenant governor, and speaker of the
10-5 house of representatives.
10-6 Sec. 264.504. MEETINGS OF COMMITTEE. (a) Except as
10-7 provided by Subsections (b), (c), and (d), meetings of the
10-8 committee are subject to Chapter 551, Government Code, as if the
10-9 committee were a governmental body under that chapter.
10-10 (b) Any portion of a meeting of the committee during which
10-11 the committee discusses an individual child's death is closed to
10-12 the public and is not subject to Chapter 551, Government Code.
10-13 (c) Information identifying a deceased child, a member of
10-14 the child's family, a guardian or caretaker of the child, or an
10-15 alleged or suspected perpetrator of abuse or neglect of the child
10-16 may not be disclosed during a public meeting.
10-17 (d) Information regarding the involvement of a state or
10-18 local agency with the deceased child or another person described by
10-19 Subsection (c) may not be disclosed during a public meeting.
10-20 (e) The committee may conduct an open or closed meeting by
10-21 telephone conference call or other electronic medium. A meeting
10-22 held under this subsection is subject to the notice requirements
10-23 applicable to other meetings. The notice of the meeting must
10-24 specify as the location of the meeting the location where meetings
10-25 of the committee are usually held. Each part of the meeting by
10-26 telephone conference call that is required to be open to the public
10-27 shall be audible to the public at the location specified in the
11-1 notice of the meeting as the location of the meeting and shall be
11-2 tape-recorded. The tape recording shall be made available to the
11-3 public.
11-4 (f) This section does not prohibit the committee from
11-5 requesting the attendance at a closed meeting of a person who is
11-6 not a member of the committee and who has information regarding a
11-7 deceased child.
11-8 Sec. 264.505. ESTABLISHMENT OF REVIEW TEAM. (a) A
11-9 multidisciplinary and multiagency child fatality review team may be
11-10 established for a county to review child deaths in that county. A
11-11 review team for a county with a population of less than 50,000 may
11-12 join with an adjacent county or counties to establish a combined
11-13 review team.
11-14 (b) Any person who may be a member of a review team under
11-15 Subsection (c) may initiate the establishment of a review team and
11-16 call the first organizational meeting of the team.
11-17 (c) A review team may include:
11-18 (1) a criminal prosecutor involved in prosecuting
11-19 crimes against children;
11-20 (2) a sheriff;
11-21 (3) a justice of the peace or medical examiner;
11-22 (4) a police chief;
11-23 (5) a pediatrician experienced in diagnosing and
11-24 treating child abuse and neglect;
11-25 (6) a child educator;
11-26 (7) a child mental health provider;
11-27 (8) a public health professional;
12-1 (9) a child protective services specialist;
12-2 (10) a sudden infant death syndrome family service
12-3 provider;
12-4 (11) a neonatologist;
12-5 (12) a child advocate; and
12-6 (13) a chief juvenile probation officer.
12-7 (d) Members of a review team may select additional team
12-8 members according to community resources and needs.
12-9 (e) A review team shall select a presiding officer from its
12-10 members.
12-11 Sec. 264.506. PURPOSE AND DUTIES OF REVIEW TEAM. (a) The
12-12 purpose of a review team is to decrease the incidence of
12-13 preventable child deaths by:
12-14 (1) providing assistance, direction, and coordination
12-15 to investigations of child deaths;
12-16 (2) promoting cooperation, communication, and
12-17 coordination among agencies involved in responding to child
12-18 fatalities;
12-19 (3) developing an understanding of the causes and
12-20 incidence of child deaths in the county or counties in which the
12-21 review team is located;
12-22 (4) recommending changes to agencies, through the
12-23 agency's representative member, that will reduce the number of
12-24 preventable child deaths; and
12-25 (5) advising the committee on changes to law, policy,
12-26 or practice that will assist the team and the agencies represented
12-27 on the team in fulfilling their duties.
13-1 (b) To achieve its purpose, a review team shall:
13-2 (1) adapt and implement, according to local needs and
13-3 resources, the model protocols developed by the department and the
13-4 committee;
13-5 (2) meet on a regular basis to review child fatality
13-6 cases and recommend methods to improve coordination of services and
13-7 investigations between agencies that are represented on the team;
13-8 (3) collect and maintain data as required by the
13-9 committee; and
13-10 (4) submit to the bureau of vital statistics data
13-11 reports on deaths reviewed as specified by the committee.
13-12 (c) A review team shall initiate prevention measures as
13-13 indicated by the review team's findings.
13-14 Sec. 264.507. DUTIES OF PRESIDING OFFICER. The presiding
13-15 officer of a review team shall:
13-16 (1) send notices to the review team members of a
13-17 meeting to review a child fatality;
13-18 (2) provide a list to the review team members of each
13-19 child fatality to be reviewed at the meeting;
13-20 (3) submit data reports to the bureau of vital
13-21 statistics not later than the 30th day after the date on which the
13-22 review took place; and
13-23 (4) ensure that the review team operates according to
13-24 the protocols developed by the department and the committee, as
13-25 adapted by the review team.
13-26 Sec. 264.508. REVIEW PROCEDURE. (a) The review team of the
13-27 county in which the injury, illness, or event that was the cause of
14-1 the death of the child occurred, as stated on the child's death
14-2 certificate, shall review the death.
14-3 (b) On receipt of the list of child fatalities under Section
14-4 264.507, each review team member shall review the member's records
14-5 and the records of the member's agency for information regarding
14-6 each listed child.
14-7 Sec. 264.509. ACCESS TO INFORMATION. (a) A review team may
14-8 request information and records regarding a deceased child as
14-9 necessary to carry out the review team's purpose and duties.
14-10 Records and information that may be requested under this section
14-11 include:
14-12 (1) medical, dental, and mental health care
14-13 information; and
14-14 (2) information and records maintained by any state or
14-15 local government agency, including:
14-16 (A) a birth certificate;
14-17 (B) law enforcement investigative data;
14-18 (C) medical examiner investigative data;
14-19 (D) juvenile court records;
14-20 (E) parole and probation information and
14-21 records; and
14-22 (F) child protective services information and
14-23 records.
14-24 (b) On request of the presiding officer of a review team,
14-25 the custodian of the relevant information and records relating to a
14-26 deceased child shall provide those records to the review team.
14-27 Sec. 264.510. MEETING OF REVIEW TEAM. (a) A meeting of a
15-1 review team is closed to the public and not subject to Chapter 551,
15-2 Government Code.
15-3 (b) This section does not prohibit a review team from
15-4 requesting the attendance at a closed meeting of a person who is
15-5 not a member of the review team and who has information regarding a
15-6 deceased child.
15-7 (c) Except as necessary to carry out a review team's purpose
15-8 and duties, members of a review team and persons attending a review
15-9 team meeting may not disclose what occurred at the meeting.
15-10 (d) A member of a review team participating in the review of
15-11 a child death is immune from civil or criminal liability arising
15-12 from information presented in or opinions formed as a result of a
15-13 meeting.
15-14 Sec. 264.511. USE OF INFORMATION AND RECORDS;
15-15 CONFIDENTIALITY. (a) Information and records acquired by the
15-16 committee or by a review team in the exercise of its purpose and
15-17 duties under this subchapter are confidential and exempt from
15-18 disclosure under Chapter 552, Government Code, and may only be
15-19 disclosed as necessary to carry out the committee's or review
15-20 team's purpose and duties.
15-21 (b) A report of the committee or of a review team or a
15-22 statistical compilation of data reports is a public record subject
15-23 to Chapter 552, Government Code, as if the committee or review team
15-24 were a governmental body under that chapter, if the report or
15-25 statistical compilation does not contain any information that would
15-26 permit the identification of an individual.
15-27 (c) A member of a review team may not disclose any
16-1 information that is confidential under this section.
16-2 (d) Information, documents, and records of the committee or
16-3 of a review team that are confidential under this section are not
16-4 subject to subpoena or discovery and may not be introduced into
16-5 evidence in any civil or criminal proceeding, except that
16-6 information, documents, and records otherwise available from other
16-7 sources are not immune from subpoena, discovery, or introduction
16-8 into evidence solely because they were presented during proceedings
16-9 of the committee or a review team or are maintained by the
16-10 committee or a review team.
16-11 Sec. 264.512. GOVERNMENTAL UNITS. The committee and a
16-12 review team are governmental units for purposes of Chapter 101,
16-13 Civil Practice and Remedies Code. A review team is a unit of local
16-14 government under that chapter.
16-15 Sec. 264.513. REPORT OF DEATH OF CHILD. (a) A person who
16-16 knows of the death of a child younger than six years of age shall
16-17 immediately report the death to the medical examiner of the county
16-18 in which the death occurs or, if the death occurs in a county that
16-19 does not have a medical examiner's office or that is not part of a
16-20 medical examiner's district, to a justice of the peace in that
16-21 county.
16-22 (b) The requirement of this section is in addition to any
16-23 other reporting requirement imposed by law, including any
16-24 requirement that a person report child abuse or neglect under this
16-25 code.
16-26 (c) A person is not required to report a death under this
16-27 section that is the result of a motor vehicle accident. This
17-1 subsection does not affect a duty imposed by another law to report
17-2 a death that is the result of a motor vehicle accident.
17-3 Sec. 264.514. PROCEDURE IN THE EVENT OF REPORTABLE DEATH.
17-4 (a) A medical examiner or justice of the peace notified of a death
17-5 of a child under Section 264.513 shall hold an inquest under
17-6 Chapter 49, Code of Criminal Procedure, to determine whether the
17-7 death is unexpected.
17-8 (b) The medical examiner or justice of the peace shall
17-9 immediately notify an appropriate local law enforcement agency if
17-10 the medical examiner or justice of the peace determines that the
17-11 death is unexpected, and that agency shall investigate the child's
17-12 death.
17-13 Sec. 264.515. INVESTIGATION. (a) The investigation
17-14 required by Section 264.514 must include:
17-15 (1) an autopsy, unless an autopsy was conducted as
17-16 part of the inquest;
17-17 (2) an inquiry into the circumstances of the death,
17-18 including an investigation of the scene of the death and interviews
17-19 with the parents of the child, any guardian or caretaker of the
17-20 child, and the person who reported the child's death; and
17-21 (3) a review of relevant information regarding the
17-22 child from an agency, professional, or health care provider.
17-23 (b) The review required by Subsection (a)(3) must include a
17-24 review of any applicable medical record, child protective services
17-25 record, record maintained by an emergency medical services
17-26 provider, and law enforcement report.
17-27 (c) The committee shall develop a protocol relating to
18-1 investigation of an unexpected death of a child under this section.
18-2 In developing the protocol, the committee shall consult with
18-3 individuals and organizations that have knowledge and experience in
18-4 the issues of child abuse and child deaths.
18-5 SECTION 3. Subsection (a), Article 49.04, Code of Criminal
18-6 Procedure, is amended to read as follows:
18-7 (a) A justice of the peace shall conduct an inquest into the
18-8 death of a person who dies in the county served by the justice if:
18-9 (1) the person dies in prison or in jail;
18-10 (2) the person dies an unnatural death from a cause
18-11 other than a legal execution;
18-12 (3) the body of the person is found and the cause or
18-13 circumstances of death are unknown;
18-14 (4) the circumstances of the death indicate that the
18-15 death may have been caused by unlawful means;
18-16 (5) the person commits suicide or the circumstances of
18-17 the death indicate that the death may have been caused by suicide;
18-18 (6) the person dies without having been attended by a
18-19 physician;
18-20 (7) the person dies while attended by a physician who
18-21 is unable to certify the cause of death and who requests the
18-22 justice of the peace to conduct an inquest; or
18-23 (8) the person is a child who is younger than six
18-24 years <18 months> of age and the death is reported under Chapter
18-25 264, Family Code <suspected cause of death is sudden infant death
18-26 syndrome>.
18-27 SECTION 4. Subsection (e), Article 49.10, Code of Criminal
19-1 Procedure, is amended to read as follows:
19-2 (e) A justice of the peace shall order an autopsy performed
19-3 on a body if:
19-4 (1) the justice determines that an autopsy is
19-5 necessary to determine or confirm the nature and cause of death;
19-6 <or>
19-7 (2) the deceased was a child younger than six years of
19-8 age and the death was reported under Chapter 264, Family Code; or
19-9 (3) directed to do so by the district attorney,
19-10 criminal district attorney, or, if there is no district or criminal
19-11 district attorney, the county attorney.
19-12 SECTION 5. Section 6, Article 49.25, Code of Criminal
19-13 Procedure, is amended to read as follows:
19-14 Sec. 6. DEATH INVESTIGATIONS. Any medical examiner, or his
19-15 duly authorized deputy, shall be authorized, and it shall be his
19-16 duty, to hold inquests with or without a jury within his county, in
19-17 the following cases:
19-18 1. When a person shall die within twenty-four hours
19-19 after admission to a hospital or institution or in prison or in
19-20 jail;
19-21 2. When any person is killed; or from any cause dies
19-22 an unnatural death, except under sentence of the law; or dies in
19-23 the absence of one or more good witnesses;
19-24 3. When the body of a human being is found, and the
19-25 circumstances of his death are unknown;
19-26 4. When the circumstances of the death of any person
19-27 are such as to lead to suspicion that he came to his death by
20-1 unlawful means;
20-2 5. When any person commits suicide, or the
20-3 circumstances of his death are such as to lead to suspicion that he
20-4 committed suicide;
20-5 6. When a person dies without having been attended by
20-6 a duly licensed and practicing physician, and the local health
20-7 officer or registrar required to report the cause of death under
20-8 Section 193.005, Health and Safety Code, does not know the cause of
20-9 death. When the local health officer or registrar of vital
20-10 statistics whose duty it is to certify the cause of death does not
20-11 know the cause of death, he shall so notify the medical examiner of
20-12 the county in which the death occurred and request an inquest;
20-13 <and>
20-14 7. When the person is a child who is younger than six
20-15 years of age and the death is reported under Chapter 264, Family
20-16 Code; and
20-17 8. When a person dies who has been attended
20-18 immediately preceding his death by a duly licensed and practicing
20-19 physician or physicians, and such physician or physicians are not
20-20 certain as to the cause of death and are unable to certify with
20-21 certainty the cause of death as required by Section 193.004, Health
20-22 and Safety Code. In case of such uncertainty the attending
20-23 physician or physicians, or the superintendent or general manager
20-24 of the hospital or institution in which the deceased shall have
20-25 died, shall so report to the medical examiner of the county in
20-26 which the death occurred, and request an inquest.
20-27 The inquests authorized and required by this Article shall be
21-1 held by the medical examiner of the county in which the death
21-2 occurred.
21-3 In making such investigations and holding such inquests, the
21-4 medical examiner or an authorized deputy may administer oaths and
21-5 take affidavits. In the absence of next of kin or legal
21-6 representatives of the deceased, the medical examiner or authorized
21-7 deputy shall take charge of the body and all property found with
21-8 it.
21-9 SECTION 6. (a) The executive directors of the Children's
21-10 Trust Fund of Texas Council and the Department of Protective and
21-11 Regulatory Services shall jointly call a meeting of the individuals
21-12 to serve on the child fatality review team committee under
21-13 Subdivisions (1) through (4), Subsection (a), Section 264.502,
21-14 Family Code, as added by this Act, to be held not later than
21-15 October 1, 1995. Those members of the committee shall select the
21-16 members to serve under Subsection (b), Section 264.502, Family
21-17 Code, as added by this Act, not later than December 1, 1995.
21-18 (b) The initial members of the committee are appointed to
21-19 serve terms expiring February 1, 1996.
21-20 (c) The first meeting of the child fatality review team
21-21 committee that includes members selected under Subsection (b),
21-22 Section 264.502, Family Code, as added by this Act, shall be held
21-23 not later than January 1, 1996.
21-24 SECTION 7. The child fatality review team committee shall
21-25 develop the protocol required by Subsection (c), Section 264.515,
21-26 Family Code, as added by this Act, not later than September 1,
21-27 1996.
22-1 SECTION 8. This Act takes effect September 1, 1995.
22-2 SECTION 9. The importance of this legislation and the
22-3 crowded condition of the calendars in both houses create an
22-4 emergency and an imperative public necessity that the
22-5 constitutional rule requiring bills to be read on three several
22-6 days in each house be suspended, and this rule is hereby suspended.