By Zaffirini                                          S.B. No. 1485
       74R7158 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 34, Family Code, is amended by adding
    1-6  Subchapter E to read as follows:
    1-7                 SUBCHAPTER E.  CHILD FATALITY REVIEW
    1-8        Sec. 34.701.  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, appears:
   2-15                    (A)  to have occurred without anticipation or
   2-16  forewarning; and
   2-17                    (B)  to have been caused by trauma, suspicious or
   2-18  obscure circumstances, sudden infant death syndrome, child abuse or
   2-19  neglect, or an unknown cause.
   2-20        Sec. 34.702.  COMMITTEE.  (a)  The child fatality review team
   2-21  committee is a committee within the Department of Protective and
   2-22  Regulatory Services.  The committee is 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  director of the Children's Justice Act grant project of the
    3-6  Department of Protective and Regulatory Services; and
    3-7              (5)  individuals selected under Subsections (b) and
    3-8  (c).
    3-9        (b)  The members of the committee who serve under Subsections
   3-10  (a)(1)-(4) shall select a county medical examiner or forensic
   3-11  pathologist with expertise in infant and child death investigation
   3-12  to serve on the committee.
   3-13        (c)  The members of the committee who serve under Subsections
   3-14  (a)(1)-(4) and (b) 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 police chief;
   3-21              (5)  a pediatrician experienced in diagnosing and
   3-22  treating child abuse and neglect;
   3-23              (6)  a child educator;
   3-24              (7)  a child mental health provider;
   3-25              (8)  a public health professional;
   3-26              (9)  a protective services specialist;
   3-27              (10)  a sudden infant death syndrome family service
    4-1  provider;
    4-2              (11)  a neonatologist;
    4-3              (12)  a child advocate; and
    4-4              (13)  a chief juvenile probation officer.
    4-5        (d)  Members of the committee serve two-year terms that
    4-6  expire on February 1 of each even-numbered year.
    4-7        (e)  Members selected under Subsections (b) and (c) must
    4-8  reflect the geographical, cultural, racial, and ethnic diversity of
    4-9  the state.
   4-10        (f)  An appointment to a vacancy on the committee shall be
   4-11  made in the same manner as the original appointment.
   4-12        (g)  Members of the committee shall select a presiding
   4-13  officer from the members of the committee.
   4-14        (h)  The committee shall meet at least quarterly.
   4-15        (i)  A member of the committee is not entitled to
   4-16  compensation for serving on the committee but is entitled to
   4-17  reimbursement for the member's travel expenses as provided in the
   4-18  General Appropriations Act.  Reimbursement under this section shall
   4-19  be paid from funds appropriated to the council.
   4-20        Sec. 34.703.  PURPOSE AND DUTIES OF COMMITTEE.  (a)  The
   4-21  purpose of the committee is to:
   4-22              (1)  develop an understanding of the incidence and
   4-23  causes of child deaths in this state;
   4-24              (2)  identify procedures within the agencies
   4-25  represented on the committee to reduce the number of preventable
   4-26  child deaths; and
   4-27              (3)  promote public awareness and make recommendations
    5-1  to the governor and the legislature for changes in law, policy, and
    5-2  practice to reduce the number of preventable child deaths.
    5-3        (b)  To achieve its purpose, the committee shall:
    5-4              (1)  approve the creation and participation of review
    5-5  teams;
    5-6              (2)  perform annual statistical studies of the
    5-7  incidence and causes of child deaths using data submitted by review
    5-8  teams to the bureau of vital statistics;
    5-9              (3)  review data reports from review teams;
   5-10              (4)  promote training to assist the review teams in
   5-11  carrying out their duties;
   5-12              (5)  develop model protocols for:
   5-13                    (A)  the reporting and investigating of child
   5-14  deaths for law enforcement agencies, child protective services,
   5-15  justices of the peace and medical examiners, and other
   5-16  professionals involved in the investigations of child deaths;
   5-17                    (B)  the collection of data regarding child
   5-18  deaths; and
   5-19                    (C)  the operation of the review teams;
   5-20              (6)  examine laws, rules, and policies relating to
   5-21  access to information for agencies with responsibilities for
   5-22  children, including health, public welfare, education, social
   5-23  services, juvenile court, mental health, and law enforcement
   5-24  agencies,  determine whether those laws, rules, or policies impede
   5-25  the necessary exchange of information, and develop and recommend
   5-26  changes to those laws, rules, and policies;
   5-27              (7)  promote education of the public regarding the
    6-1  incidence and causes of child deaths, the public role in preventing
    6-2  child deaths, and specific steps the public can undertake to
    6-3  prevent child deaths; and
    6-4              (8)  develop and implement procedures necessary for the
    6-5  operation of the committee and review teams.
    6-6        (c)  The committee shall enlist the support and assistance of
    6-7  civic, philanthropic, and public service organizations in the
    6-8  performance of its duties under Subsection (b)(7).
    6-9        (d)  The committee shall coordinate data collection under
   6-10  this subchapter with data collection by the Texas Department of
   6-11  Health.
   6-12        (e)  The committee shall issue annual reports on the
   6-13  committee's activities, including findings and recommendations
   6-14  relating to each purpose and duty of the committee described by
   6-15  this section.  Not later than December 1 of each year, the
   6-16  committee shall publish the report and submit a copy of the report
   6-17  to the governor, lieutenant governor, and speaker of the house of
   6-18  representatives.
   6-19        Sec. 34.704.  MEETINGS OF COMMITTEE.  (a)  Except as provided
   6-20  by Subsections (b), (c), and (d), meetings of the committee are
   6-21  subject to Chapter 551, Government Code, as if the committee were a
   6-22  governmental body under that chapter.
   6-23        (b)  Any portion of a meeting of the committee during which
   6-24  the committee discusses an individual child's death is closed to
   6-25  the public and is not subject to Chapter 551, Government Code.
   6-26        (c)  Information identifying a deceased child, a member of
   6-27  the child's family, a guardian or caretaker of the child, or an
    7-1  alleged or suspected perpetrator of abuse or neglect of the child
    7-2  may not be disclosed during a public meeting.
    7-3        (d)  Information regarding the involvement of a state or
    7-4  local agency with the deceased child or another person described by
    7-5  Subsection (c) may not be disclosed during a public meeting.
    7-6        (e)  The committee may conduct an open or closed meeting by
    7-7  telephone conference call or other electronic medium.  A meeting
    7-8  held under this subsection is subject to the notice requirements
    7-9  applicable to other meetings.  The notice of the meeting must
   7-10  specify as the location of the meeting the location where meetings
   7-11  of the committee are usually held.  Each part of the meeting by
   7-12  telephone conference call that is required to be open to the public
   7-13  shall be audible to the public at the location specified in the
   7-14  notice of the meeting as the location of the meeting and shall be
   7-15  tape-recorded.  The tape recording shall be made available to the
   7-16  public.
   7-17        (f)  This section does not prohibit the committee from
   7-18  requesting the attendance at a closed meeting of a person who is
   7-19  not a member of the committee and who has information regarding a
   7-20  deceased child or regarding another person described by Subsection
   7-21  (c).
   7-22        Sec. 34.705.  DUTIES OF DEPARTMENT.  The department shall
   7-23  provide staff as necessary to assist the committee in performing
   7-24  its duties.
   7-25        Sec. 34.706.  ESTABLISHMENT OF REVIEW TEAM.  (a)  Subject to
   7-26  the approval of the committee, a multidisciplinary and multiagency
   7-27  child fatality review team may be established for a county with a
    8-1  population of at least 50,000 to review child deaths in that
    8-2  county.  A review team for a county with a population of less than
    8-3  50,000 may join with an adjacent county or counties to establish a
    8-4  combined 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. On formation of
    8-8  the review team, the review team shall request approval from the
    8-9  committee.
   8-10        (c)  A review team shall include the following individuals or
   8-11  their designees:
   8-12              (1)  a criminal prosecutor involved in prosecuting
   8-13  crimes against children;
   8-14              (2)  a justice of the peace or medical examiner;
   8-15              (3)  a local child protective services agency;
   8-16              (4)  a local public health officer;
   8-17              (5)  a pediatrician or other qualified health care
   8-18  provider; and
   8-19              (6)  the sheriff or a local police officer.
   8-20        (d)  Members of a review team may select additional team
   8-21  members if needed.
   8-22        (e)  A review team shall select a presiding officer from its
   8-23  members.
   8-24        Sec. 34.707. PURPOSE AND DUTIES OF REVIEW TEAM.  (a)  The
   8-25  purpose of a review team is to decrease the incidence of
   8-26  preventable child deaths by:
   8-27              (1)  providing assistance, direction, and coordination
    9-1  to investigations of child deaths;
    9-2              (2)  promoting cooperation, communication, and
    9-3  coordination among agencies involved in responding to child deaths;
    9-4              (3)  developing an understanding of the incidence and
    9-5  causes of child deaths in the county or counties in which the
    9-6  review team is located;
    9-7              (4)  recommending changes to agencies, through the
    9-8  agency's representative member, that will reduce the number of
    9-9  preventable child deaths; and
   9-10              (5)  advising the committee on changes to law, policy,
   9-11  or practice that will assist the team and the agencies represented
   9-12  on the team in fulfilling their duties.
   9-13        (b)  To achieve its purpose, a review team shall:
   9-14              (1)  adapt and implement, according to local needs and
   9-15  resources, the model protocols developed by the committee;
   9-16              (2)  meet on a regular basis to review child deaths and
   9-17  recommend methods to improve coordination of services and
   9-18  investigations between agencies that are represented on the team;
   9-19              (3)  collect and maintain data as required by the
   9-20  committee; and
   9-21              (4)  submit to the bureau of vital statistics data
   9-22  reports on deaths reviewed.
   9-23        Sec. 34.708.  DUTIES OF PRESIDING OFFICER.  The presiding
   9-24  officer of a review team shall:
   9-25              (1)  send notices to the review team members of a
   9-26  meeting to review a child death;
   9-27              (2)  provide a list to the review team members of each
   10-1  child death to be reviewed at the meeting;
   10-2              (3)  submit data reports to the bureau of vital
   10-3  statistics not later than the 30th day after the date on which the
   10-4  review took place; and
   10-5              (4)  ensure that the review team operates according to
   10-6  the protocols developed by the committee, as adapted by the review
   10-7  team.
   10-8        Sec. 34.709.  REVIEW PROCEDURE.  (a)  The review team of the
   10-9  county in which the injury, illness, or event that was the cause of
  10-10  the death of the child occurred, as stated on the child's death
  10-11  certificate, shall review the death.
  10-12        (b)  On receipt of the list of child deaths under Section
  10-13  34.708, each review team member shall review the member's records
  10-14  and the records of the member's agency for information regarding
  10-15  each listed child, members of the child's family, a guardian or
  10-16  caretaker of the child, or an alleged or suspected perpetrator of
  10-17  abuse or neglect of the child.
  10-18        Sec. 34.710.  ACCESS TO INFORMATION.  (a)  A review team may
  10-19  request information and records regarding a deceased child and
  10-20  members of the child's family, a guardian or caretaker of the
  10-21  child, or an alleged or suspected perpetrator of abuse or neglect
  10-22  of the child as necessary to carry out the review team's purpose
  10-23  and duties.  Records and information that may be requested under
  10-24  this section include:
  10-25              (1)  medical, dental, and mental health care
  10-26  information; and
  10-27              (2)  information and records maintained by any state or
   11-1  local government agency, including:
   11-2                    (A)  a birth certificate;
   11-3                    (B)  law enforcement investigative data;
   11-4                    (C)  medical examiner investigative data;
   11-5                    (D)  juvenile court records;
   11-6                    (E)  parole and probation information and
   11-7  records; and
   11-8                    (F)  child protective services information and
   11-9  records.
  11-10        (b)  On request of the presiding officer of a review team,
  11-11  the custodian of the relevant information and records shall provide
  11-12  those records to the review team.
  11-13        Sec. 34.711.  MEETING OF REVIEW TEAM.  (a)  A meeting of a
  11-14  review team is closed to the public and not subject to Chapter 551,
  11-15  Government Code.
  11-16        (b)  This section does not prohibit a review team from
  11-17  requesting the attendance at a closed meeting of a person who is
  11-18  not a member of the review team and who has information regarding a
  11-19  deceased child or members of the child's family, a guardian or
  11-20  caretaker of the child, or an alleged or suspected perpetrator of
  11-21  abuse or neglect of the child.
  11-22        (c)  Except as necessary to carry out a review team's purpose
  11-23  and duties, members of a review team and persons attending a review
  11-24  team meeting may not disclose what occurred at the meeting.
  11-25        (d)  A member of a review team participating in the review of
  11-26  a child death is immune from civil or criminal liability arising
  11-27  from information presented in or opinions formed as a result of a
   12-1  meeting.
   12-2        Sec. 34.712.  USE OF INFORMATION AND RECORDS;
   12-3  CONFIDENTIALITY.  (a)  Information and records acquired by the
   12-4  committee or by a review team in the exercise of its purpose and
   12-5  duties under this subchapter are confidential and exempt from
   12-6  disclosure under Chapter 552, Government Code, and may only be
   12-7  disclosed as necessary to carry out the committee's or review
   12-8  team's purpose and duties.
   12-9        (b)  A report of the committee or of a review team or a
  12-10  statistical compilation of data reports is a public record subject
  12-11  to Chapter 552, Government Code, as if the committee or review team
  12-12  were a governmental body under that chapter, if the report or
  12-13  statistical compilation does not contain any information that would
  12-14  permit the identification of an individual.
  12-15        (c)  A member of a review team may not disclose any
  12-16  information that is confidential under this section.
  12-17        (d)  Information, documents, and records of the committee or
  12-18  of a review team that are confidential under this section are not
  12-19  subject to subpoena or discovery and may not be introduced into
  12-20  evidence in any civil or criminal proceeding, except that
  12-21  information, documents, and records otherwise available from other
  12-22  sources are not immune from subpoena, discovery, or introduction
  12-23  into evidence solely because they were presented during proceedings
  12-24  of the committee or a review team or are maintained by the
  12-25  committee or a review team.
  12-26        SECTION 2.  The heading of Chapter 34, Family Code, is
  12-27  amended to read as follows:
   13-1       CHAPTER 34.  <REPORT OF> CHILD ABUSE AND CHILD FATALITIES
   13-2        SECTION 3.  (a)  The director of the Department of Protective
   13-3  and Regulatory Services shall call a meeting of the individuals to
   13-4  serve on the child fatality review team committee under Sections
   13-5  34.702(a)(1)-(4), Family Code, as added by this Act, to be held not
   13-6  later than October 1, 1995.  Those members of the committee shall
   13-7  select the additional member to serve under Section 34.702(b),
   13-8  Family Code, as added by this Act, not later than November 1, 1995.
   13-9  The members of the committee that serve under Sections
  13-10  34.702(a)(1)-(4) and 34.702(b), Family Code, as added by this Act,
  13-11  shall select the additional members to serve under Section
  13-12  34.702(c), Family Code, as added by this Act, not later than
  13-13  December 1, 1995.
  13-14        (b)  The initial members of the committee are appointed to
  13-15  serve terms expiring February 1, 1996.
  13-16        (c)  The first meeting of the child fatality review team
  13-17  committee that includes members selected under Section 34.702(b),
  13-18  Family Code, as added by this Act, shall be held not later than
  13-19  January 1, 1996.
  13-20        SECTION 4.  The importance of this legislation and the
  13-21  crowded condition of the calendars in both houses create an
  13-22  emergency and an imperative public necessity that the
  13-23  constitutional rule requiring bills to be read on three several
  13-24  days in each house be suspended, and this rule is hereby suspended,
  13-25  and that this Act take effect and be in force from and after its
  13-26  passage, and it is so enacted.