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 * * * * *