House Engrossed Senate Bill   child fatality review teams; duties

State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024

CHAPTER 104

SENATE BILL 1048

 

 

An Act

 

amending sections 36-3501, 36-3502 and 36-3503, Arizona Revised Statutes; relating to child fatalities.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-3501, Arizona Revised Statutes, is amended to read:

START_STATUTE36-3501. State child fatality review team; membership; duties; reporting requirements

A. The state child fatality review team is established in the department of health services. The state team is composed of the head of the following entities or that person's designee:

1. Attorney general.

2. Office of women's and children's health in the department of health services.

3. Office of planning and health status monitoring in the department of health services.

4. 3. Arizona health care cost containment system.

5. 4. Division of developmental disabilities in the department of economic security.

6. 5. Department of child safety.

7. 6. Governor's office for children youth, faith and family.

8. 7. Administrative office of the courts courts' parent assistance program.

9. Parent assistance office of the supreme court.

10. 8. Department of juvenile corrections.

11. 9. Arizona chapter of a national pediatric society.

B. The director of the department of health services shall appoint the following members to serve staggered three-year terms on the state team:

1. A medical examiner who is a forensic pathologist.

2. A maternal and child health specialist who is involved with the treatment of Native Americans.

3. A representative of a private nonprofit organization of tribal governments in this state.

4. A representative of the Navajo tribe.

5. A representative of the United States military family advocacy program.

6. A representative of a statewide prosecuting attorneys advisory council.

7. A representative of a statewide law enforcement officers advisory council who is experienced in child homicide investigations.

8. A representative of an association of county health officers.

9. A child advocate who is not employed by or an officer of this state or a political subdivision of this state.

10. A public member. If local teams are formed pursuant to this article, the director of the department of health services shall select this member from one of those local teams local child fatality review team member.

C. The state team shall:

1. Develop a child fatalities data collection system.

2. Provide training to cooperating agencies, individuals and local child fatality review teams on the use of the child fatalities data system.

3. Conduct an annual statistical report on the incidence and causes of child fatalities in this state during the past fiscal year and submit a copy of this report, including its recommendations for action, to the governor, the president of the senate and the speaker of the house of representatives on or before November 15 of each year. THE REPORT SHALL INCLUDE AVAILABLE INFORMATION REGARDING PLANS FOR OR PROGRESS TOWARD IMPLEMENTATION OF RECOMMENDATIONS. Recommendations made to a state agency, board or commission shall require a written response INDICATING WHETHER THE AGENCY IS CAPABLE OF IMPLEMENTING THE RECOMMENDATIONS WITHIN ITS EXISTING AUTHORITY AND RESOURCES, including ANY APPLICABLE implementation plan, to the governor, the president of the senate, the speaker of the house of representatives and the state child fatality review team within sixty days after the report is submitted.

4. Encourage and assist in the development of local child fatality review teams.

5. Develop standards and protocols for local child fatality review teams and provide training and technical assistance to these teams.

6. Develop protocols for child fatality investigations, including protocols for law enforcement agencies, prosecutors, medical examiners, health care facilities and social service agencies.

7. Study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease the incidence of preventable child fatalities and, as appropriate, take steps to implement these changes.

8. Provide case consultation on individual cases to local teams if requested.

9. Educate the public regarding the incidence and causes of child fatalities as well as the public's role in preventing these deaths.

10. Designate a state team chairperson.

11. Develop and distribute an informational brochure that describes the purpose, function and authority of a  the state team. The brochure shall be available at the offices of the department of health services.

12. Evaluate the incidence and causes of maternal fatalities associated with pregnancy in this state. For the purposes of this paragraph, "maternal fatalities associated with pregnancy" means the death of a woman while she is pregnant or within one year after the end of her pregnancy.

13. Beginning January 1, 2025, conduct an annual statistical report on the incidence and causes of child fatalities and near fatalities identified by the department of child safety pursuant to section 8-807.01 for the past year and submit a copy of this report, including its recommendations for action, to the governor, the president of the senate and the speaker of the house of representatives on or before November 15 of each year. THE REPORT SHALL INCLUDE AVAILABLE INFORMATION REGARDING PLANS FOR OR PROGRESS TOWARD IMPLEMENTATION OF RECOMMENDATIONS.  Recommendations made to a state agency, board or commission shall require a written response INDICATING WHETHER THE AGENCY IS CAPABLE OF IMPLEMENTING THE RECOMMENDATIONS WITHIN ITS EXISTING AUTHORITY AND RESOURCES, including ANY APPLICABLE implementation plan, to the governor, the president of the senate, the speaker of the house of representatives and the state child fatality review team within sixty days after the report is submitted.

13. 14. Inform the governor and the legislature of the need for specific recommendations regarding unexplained sudden unexpected infant death.

14. 15. Periodically review the infant death investigation checklist developed by the department of health services pursuant to section 36-3506. In reviewing the checklist, the review state team shall consider guidelines endorsed by national infant death organizations.

D. State team members are not eligible to receive compensation, but members appointed pursuant to subsection B of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The department of health services shall provide professional and administrative support to the state team.

F. Notwithstanding subsections C and D of this section, this section does not require expenditures above the revenue available from the child fatality review fund. END_STATUTE

Sec. 2. Section 36-3502, Arizona Revised Statutes, is amended to read:

START_STATUTE36-3502. Local child fatality review teams; membership; duties

A. If Local child fatality review teams are organized, they shall abide by the standards and protocol for local child fatality review teams developed by the state team and must have prior authorization from the state team to conduct fatality reviews. Local teams shall be composed of the head of the following departments, agencies or associations, or that person's designee:

1. County medical examiner.

2. Department of child safety.

3. County health department.

B. The chairperson of the state child fatality review team shall appoint the following members of the local team:

1. A domestic violence specialist.

2. A psychiatrist or psychologist licensed in this state.

2. A mental health specialist.

3. A pediatrician who is certified by the American board of pediatrics or a family practice physician who is certified by the American board of family practice medicine. The pediatrician or family practice physician shall also be licensed in this state.

4. A person from a local law enforcement agency.

5. A person from a local prosecutors Prosecutor's office.

6. A parent.

C. If Local child fatality review teams are authorized, they shall:

1. Designate a team chairperson who shall review the death certificates of all children and women who die within the team's jurisdiction and call meetings of the local team when necessary.

2. Assist the state team in collecting relevant data on child fatalities.

3. Submit written reports to the state team as directed by that team. These reports shall include nonidentifying information on individual cases and steps taken by the local team to implement necessary changes and improve the coordination of services and investigations.END_STATUTE

Sec. 3. Section 36-3503, Arizona Revised Statutes, is amended to read:

START_STATUTE36-3503. Access to information; confidentiality; violation; classification

A. On request of the chairperson of a  the state or a local child fatality review team and as necessary to carry out the team's duties, the chairperson shall be provided within five days excluding weekends and holidays with access to all information and records regarding a child whose death fatality or near fatality is being reviewed by the team, or information and records regarding the child's family and records of a maternal fatality associated with pregnancy pursuant to section 36-3501, subsection C:

1. From a provider of person or institution providing medical, dental, nursing or mental health care.

2. From this state or a political subdivision of this state that might assist a team to review a child fatality or near fatality.

B. A law enforcement agency with the approval of the prosecuting attorney may withhold from release pursuant to subsection A of this section any investigative records that might interfere with a pending criminal investigation or prosecution.

C. The director of the department of health services or the director's designee may apply to the superior court for a subpoena as necessary to compel the production of books, records, documents and other evidence related to a child fatality or a maternal fatality associated with pregnancy team investigation. Subpoenas issued shall be served and, on application to the court by the director or the director's designee, enforced in the manner provided by law for the service and enforcement of subpoenas. A law enforcement agency is not required to produce the information requested under the subpoena if the subpoenaed evidence relates to a pending criminal investigation or prosecution. All records shall be returned to the agency or organization on completion of the review. Written reports or records containing identifying information shall not be kept by the team.

D. All information and records acquired by the state team or any local team are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceedings, except that information, documents and records otherwise available from other sources are not immune from subpoena, discovery or introduction into evidence through those sources solely because they were presented to or reviewed by a team.

E. Members of a team, persons attending a team meeting and persons who present information to a team may not be questioned in any civil or criminal proceedings regarding information presented in or opinions formed as a result of a meeting. This subsection does not prevent a person from testifying to information that is obtained independently of the team or that is public information.

F. pursuant to policies adopted by the state child fatality review team, a member of the state or a local child fatality review team shall not or the member's designee may contact, interview or obtain information by request or subpoena from a family member of a deceased child's family, except that a member of the state or a local child fatality review team who is otherwise a public officer or employee may contact, interview or obtain information from a family member, if necessary, as part of the public officer's or employee's other official duties child or woman WHO DIEs WITHIN THE TEAM'S JURISDICTION. The state child fatality review team shall establish a process for approving any contact, interview or request before any team member or designee contacts, interviews or obtains information from the family member of a child or woman WHO DIEs WITHIN THE TEAM'S JURISDICTION. Policies adopted pursuant to this subsection must require that any individual engaging with a family member be trained in trauma informed interview techniques and educated on support services available to the family member.

G. State and local team meetings are closed to the public and are not subject to title 38, chapter 3, article 3.1 if the team is reviewing individual child fatality cases or cases of maternal fatalities associated with pregnancy. All other team meetings are open to the public.

H. A person who violates the confidentiality requirements of this section is guilty of a class 2 misdemeanor. END_STATUTE

 

 

APPROVED BY THE GOVERNOR APRIL 8, 2024.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 8, 2024.