1-1 By: Zaffirini, Rosson S.B. No. 1485
1-2 (In the Senate - Filed March 13, 1995; March 21, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 18, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 18, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1485 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the child fatality review team committee and child
1-11 fatality review teams.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 264, Family Code, as added by H.B. No.
1-14 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-15 amended by adding Subchapter F to read as follows:
1-16 SUBCHAPTER F. CHILD FATALITY REVIEW
1-17 Sec. 264.501. DEFINITIONS. In this subchapter:
1-18 (1) "Bureau of vital statistics" means the bureau of
1-19 vital statistics of the Texas Department of Health.
1-20 (2) "Child" means a person younger than 18 years of
1-21 age.
1-22 (3) "Committee" means the child fatality review team
1-23 committee.
1-24 (4) "Council" means the Children's Trust Fund of Texas
1-25 Council.
1-26 (5) "Department" means the Department of Protective
1-27 and Regulatory Services.
1-28 (6) "Health care provider" means any health care
1-29 practitioner or facility that provides medical evaluation or
1-30 treatment, including dental and mental health evaluation or
1-31 treatment.
1-32 (7) "Meeting" means an in-person meeting or a meeting
1-33 held by telephone or other electronic medium.
1-34 (8) "Preventable death" means a death that may have
1-35 been prevented by reasonable medical, social, legal, psychological,
1-36 or educational intervention. The term includes the death of a
1-37 child from:
1-38 (A) intentional or unintentional injuries;
1-39 (B) medical neglect;
1-40 (C) lack of access to medical care;
1-41 (D) neglect and reckless conduct, including
1-42 failure to supervise and failure to seek medical care; and
1-43 (E) premature birth associated with any factor
1-44 described by Paragraphs (A) through (D).
1-45 (9) "Review" means a reexamination of information
1-46 regarding a deceased child from relevant agencies, professionals,
1-47 and health care providers.
1-48 (10) "Review team" means a child fatality review team
1-49 established under this subchapter.
1-50 (11) "Unexpected death" includes a death of a child
1-51 that, before investigation:
1-52 (A) appears to have occurred without
1-53 anticipation or forewarning; and
1-54 (B) was caused by trauma, suspicious or obscure
1-55 circumstances, sudden infant death syndrome, abuse or neglect, or
1-56 an unknown cause.
1-57 Sec. 264.502. COMMITTEE. (a) The child fatality review
1-58 team committee is composed of:
1-59 (1) a person appointed by and representing the state
1-60 registrar for the bureau of vital statistics;
1-61 (2) a person appointed by and representing the
1-62 director of protective services for families and children of the
1-63 department;
1-64 (3) a person appointed by and representing the
1-65 director of the bureau of epidemiology of the Texas Department of
1-66 Health;
1-67 (4) a person appointed by and representing the
1-68 executive director of the council; and
2-1 (5) individuals selected under Subsection (b).
2-2 (b) The members of the committee who serve under Subsections
2-3 (a)(1) through (4) shall select the following additional committee
2-4 members:
2-5 (1) a criminal prosecutor involved in prosecuting
2-6 crimes against children;
2-7 (2) a sheriff;
2-8 (3) a justice of the peace;
2-9 (4) a medical examiner;
2-10 (5) a police chief;
2-11 (6) a pediatrician experienced in diagnosing and
2-12 treating child abuse and neglect;
2-13 (7) a child educator;
2-14 (8) a child mental health provider;
2-15 (9) a public health professional;
2-16 (10) a child protective services specialist;
2-17 (11) a sudden infant death syndrome family service
2-18 provider;
2-19 (12) a neonatologist;
2-20 (13) a child advocate; and
2-21 (14) a chief juvenile probation officer.
2-22 (c) Members of the committee selected under Subsection (b)
2-23 serve two-year terms that expire on February 1 of each
2-24 even-numbered year.
2-25 (d) Members selected under Subsection (b) must reflect the
2-26 geographical, cultural, racial, and ethnic diversity of the state.
2-27 (e) An appointment to a vacancy on the committee shall be
2-28 made in the same manner as the original appointment.
2-29 (f) Members of the committee shall select a presiding
2-30 officer from the members of the committee.
2-31 (g) The presiding officer of the committee shall call the
2-32 meetings of the committee, which shall be held at least quarterly.
2-33 (h) A member of the committee is not entitled to
2-34 compensation for serving on the committee but is entitled to
2-35 reimbursement for the member's travel expenses as provided in the
2-36 General Appropriations Act. Reimbursement under this subsection
2-37 for a person serving on the committee under Subsection (a)(1) or
2-38 (3) shall be paid from funds appropriated to the Texas Department
2-39 of Health. Reimbursement for other persons serving on the
2-40 committee shall be paid equally from funds appropriated to the
2-41 department and funds appropriated to the council.
2-42 Sec. 264.503. PURPOSE AND DUTIES OF COMMITTEE AND
2-43 SPECIFIED STATE AGENCIES. (a) The purpose of the committee is to:
2-44 (1) develop an understanding of the causes and
2-45 incidence of child deaths in this state;
2-46 (2) identify procedures within the agencies
2-47 represented on the committee to reduce the number of preventable
2-48 child deaths; and
2-49 (3) promote public awareness and make recommendations
2-50 to the governor and the legislature for changes in law, policy, and
2-51 practice to reduce the number of preventable child deaths.
2-52 (b) To ensure that the committee achieves its purpose, the
2-53 department, the council, and the Texas Department of Health shall
2-54 perform the duties specified by this section.
2-55 (c) The department shall:
2-56 (1) recognize the creation and participation of review
2-57 teams;
2-58 (2) promote and coordinate training to assist the
2-59 review teams in carrying out their duties;
2-60 (3) assist the committee in developing model protocols
2-61 for:
2-62 (A) the reporting and investigating of child
2-63 fatalities for law enforcement agencies, child protective services,
2-64 justices of the peace and medical examiners, and other
2-65 professionals involved in the investigations of child deaths;
2-66 (B) the collection of data regarding child
2-67 deaths; and
2-68 (C) the operation of the review teams; and
2-69 (4) develop and implement procedures necessary for the
2-70 operation of the committee.
3-1 (d) The council shall promote education of the public
3-2 regarding the incidence and causes of child deaths, the public role
3-3 in preventing child deaths, and specific steps the public can
3-4 undertake to prevent child deaths. The committee shall enlist the
3-5 support and assistance of civic, philanthropic, and public service
3-6 organizations in the performance of the duties imposed under this
3-7 subsection.
3-8 (e) The Texas Department of Health shall:
3-9 (1) collect data under this subchapter and coordinate
3-10 the collection of data under this subchapter with other data
3-11 collection activities; and
3-12 (2) perform annual statistical studies of the
3-13 incidence and causes of child fatalities using the data collected
3-14 under this subchapter.
3-15 (f) The committee shall issue annual reports on the
3-16 committee's activities, including findings and recommendations
3-17 relating to each purpose and duty of the committee described by
3-18 this section. Not later than December 1 of each even-numbered
3-19 year, the committee shall publish the report and submit a copy of
3-20 the report to the governor, lieutenant governor, and speaker of the
3-21 house of representatives.
3-22 Sec. 264.504. MEETINGS OF COMMITTEE. (a) Except as
3-23 provided by Subsections (b), (c), and (d), meetings of the
3-24 committee are subject to the open meetings law, Chapter 551,
3-25 Government Code, as if the committee were a governmental body under
3-26 that chapter.
3-27 (b) Any portion of a meeting of the committee during which
3-28 the committee discusses an individual child's death is closed to
3-29 the public and is not subject to the open meetings law, Chapter
3-30 551, Government Code.
3-31 (c) Information identifying a deceased child, a member of
3-32 the child's family, a guardian or caretaker of the child, or an
3-33 alleged or suspected perpetrator of abuse or neglect of the child
3-34 may not be disclosed during a public meeting.
3-35 (d) Information regarding the involvement of a state or
3-36 local agency with the deceased child or another person described by
3-37 Subsection (c) may not be disclosed during a public meeting.
3-38 (e) The committee may conduct an open or closed meeting by
3-39 telephone conference call or other electronic medium. A meeting
3-40 held under this subsection is subject to the notice requirements
3-41 applicable to other meetings. The notice of the meeting must
3-42 specify as the location of the meeting the location where meetings
3-43 of the committee are usually held. Each part of the meeting by
3-44 telephone conference call that is required to be open to the public
3-45 shall be audible to the public at the location specified in the
3-46 notice of the meeting as the location of the meeting and shall be
3-47 tape-recorded. The tape recording shall be made available to the
3-48 public.
3-49 (f) This section does not prohibit the committee from
3-50 requesting the attendance at a closed meeting of a person who is
3-51 not a member of the committee and who has information regarding a
3-52 deceased child.
3-53 Sec. 264.505. ESTABLISHMENT OF REVIEW TEAM. (a) A
3-54 multidisciplinary and multiagency child fatality review team may be
3-55 established for a county to review child deaths in that county. A
3-56 review team for a county with a population of less than 50,000 may
3-57 join with an adjacent county or counties to establish a combined
3-58 review team.
3-59 (b) Any person who may be a member of a review team under
3-60 Subsection (c) may initiate the establishment of a review team and
3-61 call the first organizational meeting of the team.
3-62 (c) A review team may include:
3-63 (1) a criminal prosecutor involved in prosecuting
3-64 crimes against children;
3-65 (2) a sheriff;
3-66 (3) a justice of the peace or medical examiner;
3-67 (4) a police chief;
3-68 (5) a pediatrician experienced in diagnosing and
3-69 treating child abuse and neglect;
3-70 (6) a child educator;
4-1 (7) a child mental health provider;
4-2 (8) a public health professional;
4-3 (9) a child protective services specialist;
4-4 (10) a sudden infant death syndrome family service
4-5 provider;
4-6 (11) a neonatologist;
4-7 (12) a child advocate; and
4-8 (13) a chief juvenile probation officer.
4-9 (d) Members of a review team may select additional team
4-10 members according to community resources and needs.
4-11 (e) A review team shall select a presiding officer from its
4-12 members.
4-13 Sec. 264.506. PURPOSE AND DUTIES OF REVIEW TEAM. (a) The
4-14 purpose of a review team is to decrease the incidence of
4-15 preventable child deaths by:
4-16 (1) providing assistance, direction, and coordination
4-17 to investigations of child deaths;
4-18 (2) promoting cooperation, communication, and
4-19 coordination among agencies involved in responding to child
4-20 fatalities;
4-21 (3) developing an understanding of the causes and
4-22 incidence of child deaths in the county or counties in which the
4-23 review team is located;
4-24 (4) recommending changes to agencies, through the
4-25 agency's representative member, that will reduce the number of
4-26 preventable child deaths; and
4-27 (5) advising the committee on changes to law, policy,
4-28 or practice that will assist the team and the agencies represented
4-29 on the team in fulfilling their duties.
4-30 (b) To achieve its purpose, a review team shall:
4-31 (1) adapt and implement, according to local needs and
4-32 resources, the model protocols developed by the department and the
4-33 committee;
4-34 (2) meet on a regular basis to review child fatality
4-35 cases and recommend methods to improve coordination of services and
4-36 investigations between agencies that are represented on the team;
4-37 (3) collect and maintain data as required by the
4-38 committee; and
4-39 (4) submit to the bureau of vital statistics data
4-40 reports on deaths reviewed as specified by the committee.
4-41 (c) A review team shall initiate prevention measures as
4-42 indicated by the review team's findings.
4-43 Sec. 264.507. DUTIES OF PRESIDING OFFICER. The presiding
4-44 officer of a review team shall:
4-45 (1) send notices to the review team members of a
4-46 meeting to review a child fatality;
4-47 (2) provide a list to the review team members of each
4-48 child fatality to be reviewed at the meeting;
4-49 (3) submit data reports to the bureau of vital
4-50 statistics not later than the 30th day after the date on which the
4-51 review took place; and
4-52 (4) ensure that the review team operates according to
4-53 the protocols developed by the department and the committee, as
4-54 adapted by the review team.
4-55 Sec. 264.508. REVIEW PROCEDURE. (a) The review team of the
4-56 county in which the injury, illness, or event that was the cause of
4-57 the death of the child occurred, as stated on the child's death
4-58 certificate, shall review the death.
4-59 (b) On receipt of the list of child fatalities under Section
4-60 264.507, each review team member shall review the member's records
4-61 and the records of the member's agency for information regarding
4-62 each listed child.
4-63 Sec. 264.509. ACCESS TO INFORMATION. (a) A review team may
4-64 request information and records regarding a deceased child as
4-65 necessary to carry out the review team's purpose and duties.
4-66 Records and information that may be requested under this section
4-67 include:
4-68 (1) medical, dental, and mental health care
4-69 information; and
4-70 (2) information and records maintained by any state or
5-1 local government agency, including:
5-2 (A) a birth certificate;
5-3 (B) law enforcement investigative data;
5-4 (C) medical examiner investigative data;
5-5 (D) juvenile court records;
5-6 (E) parole and probation information and
5-7 records; and
5-8 (F) child protective services information and
5-9 records.
5-10 (b) On request of the presiding officer of a review team,
5-11 the custodian of the relevant information and records relating to a
5-12 deceased child shall provide those records to the review team.
5-13 Sec. 264.510. MEETING OF REVIEW TEAM. (a) A meeting of a
5-14 review team is closed to the public and not subject to the open
5-15 meetings law, Chapter 551, Government Code.
5-16 (b) This section does not prohibit a review team from
5-17 requesting the attendance at a closed meeting of a person who is
5-18 not a member of the review team and who has information regarding a
5-19 deceased child.
5-20 (c) Except as necessary to carry out a review team's purpose
5-21 and duties, members of a review team and persons attending a review
5-22 team meeting may not disclose what occurred at the meeting.
5-23 (d) A member of a review team participating in the review of
5-24 a child death is immune from civil or criminal liability arising
5-25 from information presented in or opinions formed as a result of a
5-26 meeting.
5-27 Sec. 264.511. USE OF INFORMATION AND RECORDS;
5-28 CONFIDENTIALITY. (a) Information and records acquired by the
5-29 committee or by a review team in the exercise of its purpose and
5-30 duties under this subchapter are confidential and exempt from
5-31 disclosure under the open records law, Chapter 552, Government
5-32 Code, and may only be disclosed as necessary to carry out the
5-33 committee's or review team's purpose and duties.
5-34 (b) A report of the committee or of a review team or a
5-35 statistical compilation of data reports is a public record subject
5-36 to the open records law, Chapter 552, Government Code, as if the
5-37 committee or review team were a governmental body under that
5-38 chapter, if the report or statistical compilation does not contain
5-39 any information that would permit the identification of an
5-40 individual.
5-41 (c) A member of a review team may not disclose any
5-42 information that is confidential under this section.
5-43 (d) Information, documents, and records of the committee or
5-44 of a review team that are confidential under this section are not
5-45 subject to subpoena or discovery and may not be introduced into
5-46 evidence in any civil or criminal proceeding, except that
5-47 information, documents, and records otherwise available from other
5-48 sources are not immune from subpoena, discovery, or introduction
5-49 into evidence solely because they were presented during proceedings
5-50 of the committee or a review team or are maintained by the
5-51 committee or a review team.
5-52 Sec. 264.512. GOVERNMENTAL UNITS. The committee and a
5-53 review team are governmental units for purposes of Chapter 101,
5-54 Civil Practice and Remedies Code. A review team is a unit of local
5-55 government under that chapter.
5-56 SECTION 2. (a) The executive directors of the Children's
5-57 Trust Fund of Texas Council and the Department of Protective and
5-58 Regulatory Services shall jointly call a meeting of the individuals
5-59 to serve on the child fatality review team committee under
5-60 Subdivisions (1) through (4), Subsection (a), Section 264.502,
5-61 Family Code, as added by this Act, to be held not later than
5-62 October 1, 1995. Those members of the committee shall select the
5-63 members to serve under Subsection (b), Section 264.502, Family
5-64 Code, as added by this Act, not later than December 1, 1995.
5-65 (b) The initial members of the committee are appointed to
5-66 serve terms expiring February 1, 1996.
5-67 (c) The first meeting of the child fatality review team
5-68 committee that includes members selected under Subsection (b),
5-69 Section 264.502, Family Code, shall be held not later than
5-70 January 1, 1996.
6-1 SECTION 3. This Act takes effect only if the 74th
6-2 Legislature, at its regular session, enacts H.B. No. 655 and that
6-3 bill becomes law. If that legislation does not become law, this
6-4 Act has no effect.
6-5 SECTION 4. This Act takes effect September 1, 1995.
6-6 SECTION 5. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended.
6-11 * * * * *