S.B. No. 1485
AN ACT
1-1 relating to the child fatality review team committee and child
1-2 fatality review teams and to the reporting and investigation of
1-3 deaths of certain children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 264, Family Code, as added by H.B. No.
1-6 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-7 amended by adding Subchapter F to read as follows:
1-8 SUBCHAPTER F. CHILD FATALITY REVIEW
1-9 Sec. 264.501. DEFINITIONS. In this subchapter:
1-10 (1) "Autopsy" and "inquest" have the meanings assigned
1-11 by Article 49.01, Code of Criminal Procedure.
1-12 (2) "Bureau of vital statistics" means the bureau of
1-13 vital statistics of the Texas Department of Health.
1-14 (3) "Child" means a person younger than 18 years of
1-15 age.
1-16 (4) "Committee" means the child fatality review team
1-17 committee.
1-18 (5) "Council" means the Children's Trust Fund of Texas
1-19 Council.
1-20 (6) "Department" means the Department of Protective
1-21 and Regulatory Services.
1-22 (7) "Health care provider" means any health care
1-23 practitioner or facility that provides medical evaluation or
1-24 treatment, including dental and mental health evaluation or
2-1 treatment.
2-2 (8) "Meeting" means an in-person meeting or a meeting
2-3 held by telephone or other electronic medium.
2-4 (9) "Preventable death" means a death that may have
2-5 been prevented by reasonable medical, social, legal, psychological,
2-6 or educational intervention. The term includes the death of a
2-7 child from:
2-8 (A) intentional or unintentional injuries;
2-9 (B) medical neglect;
2-10 (C) lack of access to medical care;
2-11 (D) neglect and reckless conduct, including
2-12 failure to supervise and failure to seek medical care; and
2-13 (E) premature birth associated with any factor
2-14 described by Paragraphs (A) through (D).
2-15 (10) "Review" means a reexamination of information
2-16 regarding a deceased child from relevant agencies, professionals,
2-17 and health care providers.
2-18 (11) "Review team" means a child fatality review team
2-19 established under this subchapter.
2-20 (12) "Unexpected death" includes a death of a child
2-21 that, before investigation:
2-22 (A) appears to have occurred without
2-23 anticipation or forewarning; and
2-24 (B) was caused by trauma, suspicious or obscure
2-25 circumstances, sudden infant death syndrome, abuse or neglect, or
2-26 an unknown cause.
2-27 Sec. 264.502. COMMITTEE. (a) The child fatality review
3-1 team committee is composed of:
3-2 (1) a person appointed by and representing the state
3-3 registrar for the bureau of vital statistics;
3-4 (2) a person appointed by and representing the
3-5 director of protective services for families and children of the
3-6 department;
3-7 (3) a person appointed by and representing the
3-8 director of the bureau of epidemiology of the Texas Department of
3-9 Health;
3-10 (4) a person appointed by and representing the
3-11 executive director of the council; and
3-12 (5) individuals selected under Subsection (b).
3-13 (b) The members of the committee who serve under Subsections
3-14 (a)(1) through (4) shall select the following additional committee
3-15 members:
3-16 (1) a criminal prosecutor involved in prosecuting
3-17 crimes against children;
3-18 (2) a sheriff;
3-19 (3) a justice of the peace;
3-20 (4) a medical examiner;
3-21 (5) a police chief;
3-22 (6) a pediatrician experienced in diagnosing and
3-23 treating child abuse and neglect;
3-24 (7) a child educator;
3-25 (8) a child mental health provider;
3-26 (9) a public health professional;
3-27 (10) a child protective services specialist;
4-1 (11) a sudden infant death syndrome family service
4-2 provider;
4-3 (12) a neonatologist;
4-4 (13) a child advocate; and
4-5 (14) a chief juvenile probation officer.
4-6 (c) Members of the committee selected under Subsection (b)
4-7 serve two-year terms that expire on February 1 of each
4-8 even-numbered year.
4-9 (d) Members selected under Subsection (b) must reflect the
4-10 geographical, cultural, racial, and ethnic diversity of the state.
4-11 (e) An appointment to a vacancy on the committee shall be
4-12 made in the same manner as the original appointment.
4-13 (f) Members of the committee shall select a presiding
4-14 officer from the members of the committee.
4-15 (g) The presiding officer of the committee shall call the
4-16 meetings of the committee, which shall be held at least quarterly.
4-17 (h) A member of the committee is not entitled to
4-18 compensation for serving on the committee but is entitled to
4-19 reimbursement for the member's travel expenses as provided in the
4-20 General Appropriations Act. Reimbursement under this subsection
4-21 for a person serving on the committee under Subsection (a)(1) or
4-22 (3) shall be paid from funds appropriated to the Texas Department
4-23 of Health. Reimbursement for other persons serving on the
4-24 committee shall be paid equally from funds appropriated to the
4-25 department and funds appropriated to the council.
4-26 Sec. 264.503. PURPOSE AND DUTIES OF COMMITTEE AND
4-27 SPECIFIED STATE AGENCIES. (a) The purpose of the committee is to:
5-1 (1) develop an understanding of the causes and
5-2 incidence of child deaths in this state;
5-3 (2) identify procedures within the agencies
5-4 represented on the committee to reduce the number of preventable
5-5 child deaths; and
5-6 (3) promote public awareness and make recommendations
5-7 to the governor and the legislature for changes in law, policy, and
5-8 practice to reduce the number of preventable child deaths.
5-9 (b) To ensure that the committee achieves its purpose, the
5-10 department, the council, and the Texas Department of Health shall
5-11 perform the duties specified by this section.
5-12 (c) The department shall:
5-13 (1) recognize the creation and participation of review
5-14 teams;
5-15 (2) promote and coordinate training to assist the
5-16 review teams in carrying out their duties;
5-17 (3) assist the committee in developing model protocols
5-18 for:
5-19 (A) the reporting and investigating of child
5-20 fatalities for law enforcement agencies, child protective services,
5-21 justices of the peace and medical examiners, and other
5-22 professionals involved in the investigations of child deaths;
5-23 (B) the collection of data regarding child
5-24 deaths; and
5-25 (C) the operation of the review teams; and
5-26 (4) develop and implement procedures necessary for the
5-27 operation of the committee.
6-1 (d) The council shall promote education of the public
6-2 regarding the incidence and causes of child deaths, the public role
6-3 in preventing child deaths, and specific steps the public can
6-4 undertake to prevent child deaths. The committee shall enlist the
6-5 support and assistance of civic, philanthropic, and public service
6-6 organizations in the performance of the duties imposed under this
6-7 subsection.
6-8 (e) The Texas Department of Health shall:
6-9 (1) collect data under this subchapter and coordinate
6-10 the collection of data under this subchapter with other data
6-11 collection activities; and
6-12 (2) perform annual statistical studies of the
6-13 incidence and causes of child fatalities using the data collected
6-14 under this subchapter.
6-15 (f) The committee shall issue annual reports on the
6-16 committee's activities, including findings and recommendations
6-17 relating to each purpose and duty of the committee described by
6-18 this section. Not later than December 1 of each even-numbered
6-19 year, the committee shall publish the report and submit a copy of
6-20 the report to the governor, lieutenant governor, and speaker of the
6-21 house of representatives.
6-22 Sec. 264.504. MEETINGS OF COMMITTEE. (a) Except as
6-23 provided by Subsections (b), (c), and (d), meetings of the
6-24 committee are subject to the open meetings law, Chapter 551,
6-25 Government Code, as if the committee were a governmental body under
6-26 that chapter.
6-27 (b) Any portion of a meeting of the committee during which
7-1 the committee discusses an individual child's death is closed to
7-2 the public and is not subject to the open meetings law, Chapter
7-3 551, Government Code.
7-4 (c) Information identifying a deceased child, a member of
7-5 the child's family, a guardian or caretaker of the child, or an
7-6 alleged or suspected perpetrator of abuse or neglect of the child
7-7 may not be disclosed during a public meeting.
7-8 (d) Information regarding the involvement of a state or
7-9 local agency with the deceased child or another person described by
7-10 Subsection (c) may not be disclosed during a public meeting.
7-11 (e) The committee may conduct an open or closed meeting by
7-12 telephone conference call or other electronic medium. A meeting
7-13 held under this subsection is subject to the notice requirements
7-14 applicable to other meetings. The notice of the meeting must
7-15 specify as the location of the meeting the location where meetings
7-16 of the committee are usually held. Each part of the meeting by
7-17 telephone conference call that is required to be open to the public
7-18 shall be audible to the public at the location specified in the
7-19 notice of the meeting as the location of the meeting and shall be
7-20 tape-recorded. The tape recording shall be made available to the
7-21 public.
7-22 (f) This section does not prohibit the committee from
7-23 requesting the attendance at a closed meeting of a person who is
7-24 not a member of the committee and who has information regarding a
7-25 deceased child.
7-26 Sec. 264.505. ESTABLISHMENT OF REVIEW TEAM. (a) A
7-27 multidisciplinary and multiagency child fatality review team may be
8-1 established for a county to review child deaths in that county. A
8-2 review team for a county with a population of less than 50,000 may
8-3 join with an adjacent county or counties to establish a combined
8-4 review team.
8-5 (b) Any person who may be a member of a review team under
8-6 Subsection (c) may initiate the establishment of a review team and
8-7 call the first organizational meeting of the team.
8-8 (c) A review team may include:
8-9 (1) a criminal prosecutor involved in prosecuting
8-10 crimes against children;
8-11 (2) a sheriff;
8-12 (3) a justice of the peace or medical examiner;
8-13 (4) a police chief;
8-14 (5) a pediatrician experienced in diagnosing and
8-15 treating child abuse and neglect;
8-16 (6) a child educator;
8-17 (7) a child mental health provider;
8-18 (8) a public health professional;
8-19 (9) a child protective services specialist;
8-20 (10) a sudden infant death syndrome family service
8-21 provider;
8-22 (11) a neonatologist;
8-23 (12) a child advocate; and
8-24 (13) a chief juvenile probation officer.
8-25 (d) Members of a review team may select additional team
8-26 members according to community resources and needs.
8-27 (e) A review team shall select a presiding officer from its
9-1 members.
9-2 Sec. 264.506. PURPOSE AND DUTIES OF REVIEW TEAM. (a) The
9-3 purpose of a review team is to decrease the incidence of
9-4 preventable child deaths by:
9-5 (1) providing assistance, direction, and coordination
9-6 to investigations of child deaths;
9-7 (2) promoting cooperation, communication, and
9-8 coordination among agencies involved in responding to child
9-9 fatalities;
9-10 (3) developing an understanding of the causes and
9-11 incidence of child deaths in the county or counties in which the
9-12 review team is located;
9-13 (4) recommending changes to agencies, through the
9-14 agency's representative member, that will reduce the number of
9-15 preventable child deaths; and
9-16 (5) advising the committee on changes to law, policy,
9-17 or practice that will assist the team and the agencies represented
9-18 on the team in fulfilling their duties.
9-19 (b) To achieve its purpose, a review team shall:
9-20 (1) adapt and implement, according to local needs and
9-21 resources, the model protocols developed by the department and the
9-22 committee;
9-23 (2) meet on a regular basis to review child fatality
9-24 cases and recommend methods to improve coordination of services and
9-25 investigations between agencies that are represented on the team;
9-26 (3) collect and maintain data as required by the
9-27 committee; and
10-1 (4) submit to the bureau of vital statistics data
10-2 reports on deaths reviewed as specified by the committee.
10-3 (c) A review team shall initiate prevention measures as
10-4 indicated by the review team's findings.
10-5 Sec. 264.507. DUTIES OF PRESIDING OFFICER. The presiding
10-6 officer of a review team shall:
10-7 (1) send notices to the review team members of a
10-8 meeting to review a child fatality;
10-9 (2) provide a list to the review team members of each
10-10 child fatality to be reviewed at the meeting;
10-11 (3) submit data reports to the bureau of vital
10-12 statistics not later than the 30th day after the date on which the
10-13 review took place; and
10-14 (4) ensure that the review team operates according to
10-15 the protocols developed by the department and the committee, as
10-16 adapted by the review team.
10-17 Sec. 264.508. REVIEW PROCEDURE. (a) The review team of the
10-18 county in which the injury, illness, or event that was the cause of
10-19 the death of the child occurred, as stated on the child's death
10-20 certificate, shall review the death.
10-21 (b) On receipt of the list of child fatalities under Section
10-22 264.507, each review team member shall review the member's records
10-23 and the records of the member's agency for information regarding
10-24 each listed child.
10-25 Sec. 264.509. ACCESS TO INFORMATION. (a) A review team may
10-26 request information and records regarding a deceased child as
10-27 necessary to carry out the review team's purpose and duties.
11-1 Records and information that may be requested under this section
11-2 include:
11-3 (1) medical, dental, and mental health care
11-4 information; and
11-5 (2) information and records maintained by any state or
11-6 local government agency, including:
11-7 (A) a birth certificate;
11-8 (B) law enforcement investigative data;
11-9 (C) medical examiner investigative data;
11-10 (D) juvenile court records;
11-11 (E) parole and probation information and
11-12 records; and
11-13 (F) child protective services information and
11-14 records.
11-15 (b) On request of the presiding officer of a review team,
11-16 the custodian of the relevant information and records relating to a
11-17 deceased child shall provide those records to the review team.
11-18 (c) This subsection does not authorize the release of the
11-19 original or copies of the mental health or medical records of any
11-20 member of the child's family or the guardian or caretaker of the
11-21 child or an alleged or suspected perpetrator of abuse or neglect of
11-22 the child which are in the possession of any state or local
11-23 government agency as provided in Subsection (a)(2). Information
11-24 relating to the mental health or medical condition of a member of
11-25 of the child's family or the guardian or caretaker of the child or
11-26 the alleged or suspected perpetrator of abuse or neglect of the
11-27 child acquired as part of an investigation by a state or local
12-1 government agency as provided in Subsection (a)(2) may be provided
12-2 to the review team.
12-3 Sec. 264.510. MEETING OF REVIEW TEAM. (a) A meeting of a
12-4 review team is closed to the public and not subject to the open
12-5 meetings law, Chapter 551, Government Code.
12-6 (b) This section does not prohibit a review team from
12-7 requesting the attendance at a closed meeting of a person who is
12-8 not a member of the review team and who has information regarding a
12-9 deceased child.
12-10 (c) Except as necessary to carry out a review team's purpose
12-11 and duties, members of a review team and persons attending a review
12-12 team meeting may not disclose what occurred at the meeting.
12-13 (d) A member of a review team participating in the review of
12-14 a child death is immune from civil or criminal liability arising
12-15 from information presented in or opinions formed as a result of a
12-16 meeting.
12-17 Sec. 264.511. USE OF INFORMATION AND RECORDS;
12-18 CONFIDENTIALITY. (a) Information and records acquired by the
12-19 committee or by a review team in the exercise of its purpose and
12-20 duties under this subchapter are confidential and exempt from
12-21 disclosure under the open records law, Chapter 552, Government
12-22 Code, and may only be disclosed as necessary to carry out the
12-23 committee's or review team's purpose and duties.
12-24 (b) A report of the committee or of a review team or a
12-25 statistical compilation of data reports is a public record subject
12-26 to the open records law, Chapter 552, Government Code, as if the
12-27 committee or review team were a governmental body under that
13-1 chapter, if the report or statistical compilation does not contain
13-2 any information that would permit the identification of an
13-3 individual.
13-4 (c) A member of a review team may not disclose any
13-5 information that is confidential under this section.
13-6 (d) Information, documents, and records of the committee or
13-7 of a review team that are confidential under this section are not
13-8 subject to subpoena or discovery and may not be introduced into
13-9 evidence in any civil or criminal proceeding, except that
13-10 information, documents, and records otherwise available from other
13-11 sources are not immune from subpoena, discovery, or introduction
13-12 into evidence solely because they were presented during proceedings
13-13 of the committee or a review team or are maintained by the
13-14 committee or a review team.
13-15 Sec. 264.512. GOVERNMENTAL UNITS. The committee and a
13-16 review team are governmental units for purposes of Chapter 101,
13-17 Civil Practice and Remedies Code. A review team is a unit of local
13-18 government under that chapter.
13-19 Sec. 264.513. REPORT OF DEATH OF CHILD. (a) A person who
13-20 knows of the death of a child younger than six years of age shall
13-21 immediately report the death to the medical examiner of the county
13-22 in which the death occurs or, if the death occurs in a county that
13-23 does not have a medical examiner's office or that is not part of a
13-24 medical examiner's district, to a justice of the peace in that
13-25 county.
13-26 (b) The requirement of this section is in addition to any
13-27 other reporting requirement imposed by law, including any
14-1 requirement that a person report child abuse or neglect under this
14-2 code.
14-3 (c) A person is not required to report a death under this
14-4 section that is the result of a motor vehicle accident. This
14-5 subsection does not affect a duty imposed by another law to report
14-6 a death that is the result of a motor vehicle accident.
14-7 Sec. 264.514. PROCEDURE IN THE EVENT OF REPORTABLE DEATH.
14-8 (a) A medical examiner or justice of the peace notified of a death
14-9 of a child under Section 264.513 shall hold an inquest under
14-10 Chapter 49, Code of Criminal Procedure, to determine whether the
14-11 death is unexpected.
14-12 (b) The medical examiner or justice of the peace shall
14-13 immediately notify an appropriate local law enforcement agency if
14-14 the medical examiner or justice of the peace determines that the
14-15 death is unexpected, and that agency shall investigate the child's
14-16 death.
14-17 Sec. 264.515. INVESTIGATION. (a) The investigation
14-18 required by Section 264.514 must include:
14-19 (1) an autopsy, unless an autopsy was conducted as
14-20 part of the inquest;
14-21 (2) an inquiry into the circumstances of the death,
14-22 including an investigation of the scene of the death and interviews
14-23 with the parents of the child, any guardian or caretaker of the
14-24 child, and the person who reported the child's death; and
14-25 (3) a review of relevant information regarding the
14-26 child from an agency, professional, or health care provider.
14-27 (b) The review required by Subsection (a)(3) must include a
15-1 review of any applicable medical record, child protective services
15-2 record, record maintained by an emergency medical services
15-3 provider, and law enforcement report.
15-4 (c) The committee shall develop a protocol relating to
15-5 investigation of an unexpected death of a child under this section.
15-6 In developing the protocol, the committee shall consult with
15-7 individuals and organizations that have knowledge and experience in
15-8 the issues of child abuse and child deaths.
15-9 SECTION 2. Subsection (a), Article 49.04, Code of Criminal
15-10 Procedure, is amended to read as follows:
15-11 (a) A justice of the peace shall conduct an inquest into the
15-12 death of a person who dies in the county served by the justice if:
15-13 (1) the person dies in prison or in jail;
15-14 (2) the person dies an unnatural death from a cause
15-15 other than a legal execution;
15-16 (3) the body of the person is found and the cause or
15-17 circumstances of death are unknown;
15-18 (4) the circumstances of the death indicate that the
15-19 death may have been caused by unlawful means;
15-20 (5) the person commits suicide or the circumstances of
15-21 the death indicate that the death may have been caused by suicide;
15-22 (6) the person dies without having been attended by a
15-23 physician;
15-24 (7) the person dies while attended by a physician who
15-25 is unable to certify the cause of death and who requests the
15-26 justice of the peace to conduct an inquest; or
15-27 (8) the person is a child who is younger than six
16-1 years <18 months> of age and the death is reported under Chapter
16-2 264, Family Code <suspected cause of death is sudden infant death
16-3 syndrome>.
16-4 SECTION 3. Subsection (e), Article 49.10, Code of Criminal
16-5 Procedure, is amended to read as follows:
16-6 (e) A justice of the peace shall order an autopsy performed
16-7 on a body if:
16-8 (1) the justice determines that an autopsy is
16-9 necessary to determine or confirm the nature and cause of death;
16-10 <or>
16-11 (2) the deceased was a child younger than six years of
16-12 age and the death was reported under Chapter 264, Family Code; or
16-13 (3) directed to do so by the district attorney,
16-14 criminal district attorney, or, if there is no district or criminal
16-15 district attorney, the county attorney.
16-16 SECTION 4. Section 6, Article 49.25, Code of Criminal
16-17 Procedure, is amended to read as follows:
16-18 Sec. 6. DEATH INVESTIGATIONS. Any medical examiner, or his
16-19 duly authorized deputy, shall be authorized, and it shall be his
16-20 duty, to hold inquests with or without a jury within his county, in
16-21 the following cases:
16-22 1. When a person shall die within twenty-four hours
16-23 after admission to a hospital or institution or in prison or in
16-24 jail;
16-25 2. When any person is killed; or from any cause dies
16-26 an unnatural death, except under sentence of the law; or dies in
16-27 the absence of one or more good witnesses;
17-1 3. When the body of a human being is found, and the
17-2 circumstances of his death are unknown;
17-3 4. When the circumstances of the death of any person
17-4 are such as to lead to suspicion that he came to his death by
17-5 unlawful means;
17-6 5. When any person commits suicide, or the
17-7 circumstances of his death are such as to lead to suspicion that he
17-8 committed suicide;
17-9 6. When a person dies without having been attended by
17-10 a duly licensed and practicing physician, and the local health
17-11 officer or registrar required to report the cause of death under
17-12 Section 193.005, Health and Safety Code, does not know the cause of
17-13 death. When the local health officer or registrar of vital
17-14 statistics whose duty it is to certify the cause of death does not
17-15 know the cause of death, he shall so notify the medical examiner of
17-16 the county in which the death occurred and request an inquest;
17-17 <and>
17-18 7. When the person is a child who is younger than six
17-19 years of age and the death is reported under Chapter 264, Family
17-20 Code; and
17-21 8. When a person dies who has been attended
17-22 immediately preceding his death by a duly licensed and practicing
17-23 physician or physicians, and such physician or physicians are not
17-24 certain as to the cause of death and are unable to certify with
17-25 certainty the cause of death as required by Section 193.004, Health
17-26 and Safety Code. In case of such uncertainty the attending
17-27 physician or physicians, or the superintendent or general manager
18-1 of the hospital or institution in which the deceased shall have
18-2 died, shall so report to the medical examiner of the county in
18-3 which the death occurred, and request an inquest.
18-4 The inquests authorized and required by this Article shall be
18-5 held by the medical examiner of the county in which the death
18-6 occurred.
18-7 In making such investigations and holding such inquests, the
18-8 medical examiner or an authorized deputy may administer oaths and
18-9 take affidavits. In the absence of next of kin or legal
18-10 representatives of the deceased, the medical examiner or authorized
18-11 deputy shall take charge of the body and all property found with
18-12 it.
18-13 SECTION 5. The child fatality review team committee shall
18-14 develop the protocol required by Subsection (c), Section 264.515,
18-15 Family Code, as added by this Act, not later than September 1,
18-16 1996.
18-17 SECTION 6. (a) The executive directors of the Children's
18-18 Trust Fund of Texas Council and the Department of Protective and
18-19 Regulatory Services shall jointly call a meeting of the individuals
18-20 to serve on the child fatality review team committee under
18-21 Subdivisions (1) through (4), Subsection (a), Section 264.502,
18-22 Family Code, as added by this Act, to be held not later than
18-23 October 1, 1995. Those members of the committee shall select the
18-24 members to serve under Subsection (b), Section 264.502, Family
18-25 Code, as added by this Act, not later than December 1, 1995.
18-26 (b) The initial members of the committee are appointed to
18-27 serve terms expiring February 1, 1996.
19-1 (c) The first meeting of the child fatality review team
19-2 committee that includes members selected under Subsection (b),
19-3 Section 264.502, Family Code, shall be held not later than
19-4 January 1, 1996.
19-5 SECTION 7. This Act takes effect September 1, 1995.
19-6 SECTION 8. The importance of this legislation and the
19-7 crowded condition of the calendars in both houses create an
19-8 emergency and an imperative public necessity that the
19-9 constitutional rule requiring bills to be read on three several
19-10 days in each house be suspended, and this rule is hereby suspended.