Bill Text: IN SB0572 | 2013 | Regular Session | Amended
Bill Title: Child fatality reviews.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2013-02-26 - First reading: referred to Committee on Family, Children and Human Affairs [SB0572 Detail]
Download: Indiana-2013-SB0572-Amended.html
Citations Affected: IC 16-18; IC 16-37; IC 16-39; IC 16-49; IC 31-9;
IC 31-25; IC 31-33; IC 34-30; IC 34-46; IC 36-2.
Synopsis: Child fatality reviews. Establishes a child fatality committee
in each county to: (1) determine whether to establish a county or
regional child fatality review team for the county; (2) appoint members
to the local child fatality review team; and (3) determine whether the
local child fatality review team will enter into a written agreement with
another local child fatality review team to receive, upon request,
services, guidance, and expertise from the other local child fatality
review team. Requires the department of health to employ a state child
fatality review coordinator to assist the statewide child fatality review
committee and assist local child fatality review teams. Establishes other
duties for the state child fatality review coordinator. Establishes duties
and responsibilities of local child fatality review teams and the
statewide child fatality review committee. Requires the following to be
paid from funds appropriated to the state department of health: (1) The
salary of the state child fatality review coordinator. (2) Expenses for
training for the state child fatality review coordinator, members of local
child fatality review teams, and members of the statewide child fatality
review committee. (3) Other expenses related to the duties of the state
child fatality review coordinator. Repeals current provisions
concerning local child fatality review teams and the statewide child
fatality review committee. Relocates certain provisions that are
repealed concerning local child fatality review teams and the statewide
child fatality review committee.
Effective: July 1, 2013.
January 15, 2013, read first time and referred to Committee on Judiciary.
January 24, 2013, reported favorably _ Do Pass.
February 14, 2013, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(b) "Child", for purposes of IC 16-49, has the meaning set forth in IC 16-49-1-2.
medical services", for purposes of IC 16-31, means the provision of
emergency ambulance services or other services, including extrication
and rescue services, utilized in serving an individual's need for
immediate medical care in order to prevent loss of life or aggravation
of physiological or psychological illness or injury.
(b) "Emergency medical services", for purposes of IC 16-49, has
the meaning set forth in IC 16-49-1-5.
(b) "Mental health provider", for purposes of IC 16-49, has the meaning set forth in IC 16-49-1-7.
(1) name;
(2) sex;
(3) age;
(4) place of death;
(5) residence; and
(6) for a death certificate only:
(A) residence addresses of the deceased during the two (2) years before the death; and
(B) Social Security number;
of the deceased.
(b) The records shall be open to public inspection. Except as provided in this subsection, the Social Security number is confidential and may not be disclosed to the public. After December 31, 2005, the Social Security number shall be disclosed to the secretary of state and election division for voter list maintenance purposes under IC 3-7-26.3 and IC 3-7-45.
(c) The local health officer shall, not later than January 31, April 30, July 31, and October 31 of each year, furnish to the county auditor the records of all deaths within the officer's jurisdiction that occurred during the previous three (3) months.
(d) The local health officer may make records of other data in connection with deaths for statistical purposes or for the purpose of planning health programs. Records under this subsection are not public records.
(e) The local health officer shall furnish a death certificate of the death of a child to the local child fatality review team established under IC 16-49-2 that serves the area in which the child's death occurred.
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in IC 12-7-2-127(b)); or
(iii) a health care provider or mental health care provider, if the mental health records are needed to provide health care or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of services.
(2) To the extent necessary to obtain payment for services rendered or other benefits to which the patient may be entitled, as provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and
the rules of the division of mental health and addiction, the rules
of the division of disability and rehabilitative services, or the rules
of the provider.
(5) To the division of mental health and addiction for the purpose
of data collection, research, and monitoring managed care
providers (as defined in IC 12-7-2-127(b)) who are operating
under a contract with the division of mental health and addiction.
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under IC 12-26.
(B) The superintendent of the facility determines that failure
to provide the information may result in bodily harm to the
patient or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or
agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's history
of adverse medication reactions; and
(ii) the provider determines that the release of the
medication information will assist in protecting the health,
safety, or welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information will
assist the school in meeting educational needs of a person with a
disability under 20 U.S.C. 1400 et seq.
(10) To the extent necessary to satisfy reporting requirements
under the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-24-17-5.
(C) IC 16-41-2-3.
(D) IC 31-25-3-2.
(E) IC 31-33-5-4.
(F) IC 34-30-16-2.
(G) IC 35-46-1-13.
(11) To the extent necessary to satisfy release of information requirements under the following statutes:
(A) IC 12-24-11-2.
(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) IC 12-26-11.
(D) IC 16-49-3.
(E) IC 16-49-4.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or developmental disability facility, to the United States Secret Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse records described in 42 U.S.C. 290dd-2 unless authorized by a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's protective responsibility and investigative authority under 18 U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines that disclosure of the mental health record may be necessary to protect a person under the protection of the United States Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the mental health record information for investigative purposes and not disclose the information publicly.
(F) The mental health record information disclosed to the United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from the facility; and
(iii) any information that indicates whether or not the patient has a history of violence or presents a danger to the person under protection.
(16) To the statewide waiver ombudsman established under
IC 12-11-13, in the performance of the ombudsman's duties.
(b) After information is disclosed under subsection (a)(15) and if the
patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
(c) A person who discloses information under subsection (a)(7) or
(a)(15) in good faith is immune from civil and criminal liability.
ARTICLE 49. CHILD FATALITY REVIEWS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Child" means an individual less than eighteen (18) years of age.
Sec. 3. "Child fatality committee" means a child fatality committee established under IC 16-49-2-1.
Sec. 4. "County child fatality review team" means a child fatality review team established by a child fatality committee under IC 16-49-2 for a county.
Sec. 5. "Emergency medical services" means the provision of emergency ambulance services or other services, including extrication and rescue services, utilized in serving an individual's need for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.
Sec. 6. "Local child fatality review team" refers to a county or regional child fatality review team established by a child fatality committee under IC 16-49-2.
Sec. 7. "Mental health provider" means any of the following:
(1) A registered nurse or licensed practical nurse licensed under IC 25-23.
(2) A clinical social worker licensed under IC 25-23.6-5.
(3) A marriage and family therapist licensed under IC 25-23.6-8.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of education.
Sec. 8. "Regional child fatality review team" means a child fatality review team established by a child fatality committee under IC 16-49-2 for a region consisting of more than one (1) county.
Sec. 9. "State child fatality review coordinator" refers to the
state child fatality review coordinator employed by the state
department under IC 16-49-5-1.
Sec. 10. "Statewide child fatality review committee" refers to
the statewide child fatality review committee established by
IC 16-49-4-1.
Chapter 2. Establishing Local Child Fatality Review Teams
Sec. 1. A child fatality committee is established in each county
and consists of the following members:
(1) The county prosecutor or a representative of the county
prosecutor of the county.
(2) The county coroner or a deputy coroner of the county
representing the county coroner.
(3) A representative from:
(A) a county health department established under
IC 16-20-2;
(B) a health and hospital corporation established under
IC 16-22-8; or
(C) a multiple county health department established under
IC 16-20-3;
that is located in or serves the county.
(4) A representative from the department of child services.
(5) A representative of law enforcement from the county.
Sec. 2. (a) The child fatality committee shall meet for the first
meeting of the child fatality committee at the call of the county
prosecutor or the county prosecutor's representative.
(b) The child fatality committee members shall select a
chairperson at the first meeting.
(c) The child fatality committee shall meet at the call of the
chairperson for all meetings after the first meeting.
Sec. 3. The child fatality committee shall do the following:
(1) Determine whether to establish a:
(A) county child fatality review team; or
(B) regional child fatality review team;
for the county.
(2) Appoint members to the local child fatality review team in
accordance with the member requirements established under
this chapter.
(3) Determine whether the local child fatality review team will
enter into a written agreement with another local child
fatality review team to receive, upon request, services,
guidance, and expertise from the other local child fatality
review team.
Sec. 4. (a) A local child fatality review team consists of the following members:
(1) A county prosecutor or a representative of a county prosecutor from the area served by the local child fatality review team.
(2) A county coroner or a deputy coroner from the area served by the local child fatality review team.
(3) A representative from:
(A) a county health department established under IC 16-20-2;
(B) a health and hospital corporation established under IC 16-22-8; or
(C) a multiple county health department established under IC 16-20-3;
that is located in or serves the area served by the local child fatality review team.
(4) A representative from the department of child services.
(5) A representative of law enforcement from the area served by the local child fatality review team.
(6) A representative from a school district in the area served by the local child fatality review team.
(b) In addition to the members under subsection (a), a local child fatality review team shall:
(1) have as a member of the local child fatality review team:
(A) a pediatrician or family practice physician;
(B) a representative from an emergency medical services provider;
(C) a representative from a fire department or volunteer fire department (as defined in IC 36-8-12-2); and
(D) a mental health provider; or
(2) enter into a written agreement with another local child fatality review team for the provision of services, guidance, and expertise of a person listed in subdivision (1)(A) through (1)(D) who is a member of that local child fatality review team.
(c) In addition to the members under subsection (a), a local child fatality review team shall have:
(1) a member on the team who is a pathologist with forensic experience who is licensed to practice medicine in Indiana and who, if feasible, is certified by the American Board of Pathology in forensic pathology; or
(2) an agreement with a pathologist described in subdivision
(1) for the provision of the pathologist's services and
expertise, as needed by the local child fatality review team.
Sec. 5. A local child fatality review team may have additional
members from the following categories:
(1) A representative of a hospital located in the area served by
the local child fatality review team.
(2) A representative from a juvenile or probate court in the
area served by the local child fatality review team.
(3) Other representatives requested to serve as members by
the:
(A) child fatality committee; or
(B) local child fatality review team.
(4) A representative from the department of natural resources
who lives or works in the area served by the local child
fatality review team.
(5) A representative from Prevent Child Abuse Indiana (an
organization for the prevention of child abuse) who lives or
works in the area served by the local child fatality review
team.
(6) One (1) of the following:
(A) A court appointed special advocate who provides court
appointed special advocate services in the area served by
the local child fatality review team.
(B) A guardian ad litem who provides guardian ad litem
services in the area served by the local child fatality review
team.
Sec. 6. If the local child fatality review team is a regional child
fatality review team, more than one (1) of each of the members
listed in section 4 of this chapter may serve on the local child
fatality review team if each of the members represents a different
county served by the local child fatality review team.
Sec. 7. Not later than ninety (90) days after the first meeting of
the child fatality committee, the county prosecutor or county
prosecutor's representative shall submit a report to the state child
fatality review coordinator that includes the following information:
(1) Whether the child fatality committee established a:
(A) county child fatality review team; or
(B) regional child fatality review team.
(2) The names and contact numbers of all of the members of
the local child fatality review team.
(3) Whether the child fatality committee will or has entered
into a memorandum of understanding described under section
3(3) of this chapter.
(4) Any assistance the child fatality committee would like
from the state child fatality review coordinator in forming the
local child fatality review team.
Chapter 3. Local Child Fatality Review Teams
Sec. 1. (a) The local child fatality review team shall meet for the
first meeting of the local child fatality review team at the call of a
county prosecutor or county prosecutor's representative.
(b) The members of a local child fatality review team shall elect
a member to serve as the chairperson at the first meeting.
(c) The members of the local child fatality review team shall
meet at the call of the chairperson for all meetings after the first
meeting.
Sec. 2. (a) After an individual becomes a member of a local child
fatality review team and before the member participates in a
review of a child fatality, the member shall:
(1) sign a confidentiality statement prepared by the state child
fatality review coordinator under IC 16-49-5-2;
(2) review the purpose and goal of the local child fatality
review team; and
(3) review the data collection form developed by the state
child fatality review coordinator under IC 16-49-5-2.
(b) Any individuals who are invited by the chairperson to attend
a meeting of a local child fatality review team shall sign a
confidentiality statement prepared by the state child fatality review
coordinator under IC 16-49-5-2.
(c) A local child fatality review team may:
(1) appoint additional members to the local child fatality
review team as provided in IC 16-49-2-5; and
(2) if there is a vacancy on the local child fatality review team,
appoint an individual to fill the vacancy.
Sec. 3. (a) A local child fatality review team shall review the
death of a child that occurred in the area served by the local child
fatality review team if:
(1) the death of the child is:
(A) sudden;
(B) unexpected;
(C) unexplained; or
(D) assessed by the department of child services for alleged
abuse or neglect that resulted in the death of the child; or
(2) the coroner in the area served by the local child fatality
review team determines that the cause of the death of the
child is:
(A) undetermined; or
(B) the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a),
the local child fatality review team may review all applicable
records and information related to the death of the child, including
the following:
(1) Records held by the:
(A) local or state health department; and
(B) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(c) Except as otherwise provided under this article, information
and records acquired by the local child fatality review team in the
exercise of its duties under this chapter are confidential and
exempt from disclosure.
(d) Records, information, documents, and reports acquired or
produced by a local child fatality review team are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is
otherwise discoverable or admissible from original sources is not
immune from discovery or use in any proceeding merely because
the information was presented during proceedings before a local
child fatality review team.
Sec. 4. The local child fatality review team shall review the
death certificate of a child received from a local health officer to
determine if the local child fatality review team is required to
review the death of the child as required under section 3 of this
chapter.
Sec. 5. (a) Subject to IC 34-30-15, if the local child fatality
review team requests records from a hospital, physician, coroner,
law enforcement officer, or mental health professional regarding
a death that the local child fatality review team is reviewing, the
hospital, physician, coroner, law enforcement officer, or mental
health professional shall provide the requested records to the local
child fatality review team.
(b) A person who provides records in accordance with
subsection (a) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of such disclosure.
Sec. 6. In reviewing the death of a child under this chapter, the local child fatality review team shall:
(1) identify the factors that surrounded or contributed to the death of the child;
(2) determine whether similar deaths could be prevented in the future;
(3) if applicable, identify:
(A) agencies and entities that should be involved; and
(B) any other resources that should be used;
to adequately prevent future deaths of children; and
(4) if applicable, identify solutions to improve practice and policy and enhance coordination.
Sec. 7. (a) A local child fatality review team may prepare and release a report that may include the following information:
(1) A summary of the data collected regarding the reviews conducted by the local child fatality review team.
(2) Actions recommended by the local child fatality review team to prevent injuries to children and child deaths in the area served by the local child fatality review team.
(3) Solutions proposed for system inadequacies.
(b) A report released under this section may not contain identifying information relating to the fatalities reviewed by the local child fatality review team.
(c) Except as otherwise provided in this article, review data concerning a child fatality is confidential and may not be released.
Sec. 8. (a) Except as provided in subsection (b), meetings of a local child fatality review team are open to the public.
(b) Meetings of a local child fatality review team that involve confidential records or identifying information regarding the death of a child that is confidential under state or federal law must be held as executive sessions.
(c) If an executive session is held under subsection (b), each invitee who:
(1) attends a meeting of the local child fatality review team; and
(2) is not a member of the local child fatality review team;
shall sign a confidentiality statement prepared by the state child fatality review coordinator under IC 16-49-5-2. The chairperson of the local child fatality review team shall keep all confidentiality statements signed under this subsection.
Sec. 9. Members of a local child fatality review team and individuals who attend a meeting of a local child fatality review team as invitees of the chairperson:
(1) may discuss among themselves confidential matters that are before the local child fatality review team;
(2) are bound by all applicable laws regarding the confidentiality of matters reviewed by the local child fatality review team; and
(3) except when acting:
(A) with malice;
(B) in bad faith; or
(C) with negligence;
are immune from any civil or criminal liability that might otherwise be imposed as a result of sharing among themselves confidential matters that are before the local child fatality review team.
Sec. 10. The chairperson of a local child fatality review team or the chairperson's designee shall do the following:
(1) Prepare the agenda for each meeting.
(2) Provide notices of meetings to all members of the local child fatality review team.
(3) Maintain confidentiality forms signed in accordance with sections 2(1) and 8(c) of this chapter.
(4) Ensure all new members of the child fatality review team and invitees sign the confidentiality forms as required under sections 2(1) and 8(c) of this chapter.
(5) Record all review data regarding the death of a child using the data collection tools provided by the state child fatality review coordinator and enter the information into the electronic data collection system.
(6) Attend training on the data collection tools.
(7) Serve as a liaison between the local child fatality review team and the:
(A) statewide child fatality review committee; and
(B) state child fatality review coordinator.
(8) Ensure compliance with section 8 of this chapter.
(9) Upon the conclusion of a review of a child fatality, destroy all records, information, and documents obtained by the local
child fatality review team under section 5 of this chapter.
Sec. 11. The department of child services shall have access to all
data submitted by a local child fatality review team, including
access to the electronic data collection system, to assist the
department of child services in preparing the report required
under IC 31-25-2-24.
Sec. 12. A local child fatality review team is subject to the
confidentiality provisions of IC 31-33-18 applying to records held
by the local child fatality review team.
Sec. 13. The discussions, determinations, conclusions, and
recommendations of a local child fatality review team, or its
members, concerning a review of a child fatality at a meeting of the
local child fatality review team:
(1) are privileged; and
(2) are not:
(A) subject to subpoena or discovery; or
(B) admissible as evidence;
in any judicial or administrative proceeding.
Chapter 4. Statewide Child Fatality Review Committee
Sec. 1. The statewide child fatality review committee is
established to:
(1) identify similarities, trends, and factual patterns
concerning the deaths of children in Indiana;
(2) create strategies and make recommendations for the
prevention of injuries to and deaths of children;
(3) provide expertise, consultation, guidance, and training to
local child fatality review teams; and
(4) advise and educate the legislature, governor, and public on
the status of child fatalities in Indiana.
Sec. 2. The statewide child fatality review committee consists of
the following members appointed by the governor:
(1) A coroner or deputy coroner.
(2) A representative from the state department who:
(A) is a licensed physician; and
(B) specializes in injury prevention.
(3) A representative of a:
(A) local health department established under IC 16-20-2;
or
(B) multiple county health department established under
IC 16-20-3.
(4) A pediatrician.
(5) A representative of law enforcement who has experience
in investigating child deaths.
(6) A representative from an emergency medical services
provider.
(7) The director or a representative of the department of child
services.
(8) A representative of a prosecuting attorney who has
experience in prosecuting child abuse.
(9) A pathologist who is:
(A) certified by the American Board of Pathology in
forensic pathology; and
(B) licensed to practice medicine in Indiana.
(10) A mental health provider.
(11) A representative of a child abuse prevention program.
(12) A representative of the department of education.
(13) An epidemiologist.
(14) The state child fatality review coordinator.
(15) At the discretion of the department of child services
ombudsman, a representative of the office of department of
child services ombudsman established by IC 4-13-19-3.
Sec. 3. All members of the statewide child fatality review
committee and any individuals invited to attend a meeting of the
statewide child fatality review committee shall sign a
confidentiality statement prepared by the state child fatality review
coordinator.
Sec. 4. The statewide child fatality review committee shall do the
following:
(1) Compile and analyze data recorded by local child fatality
review teams in reviewing child fatalities.
(2) Review child mortality records and examine all other
records relevant to child fatalities in Indiana.
(3) Assist efforts by local child fatality review teams by:
(A) overseeing the creation of standardized forms and
protocols necessary for the review of child deaths;
(B) providing expertise by answering questions related to
a child's death that a local child fatality review team is
reviewing;
(C) establishing and sponsoring training programs for
members of local child fatality review teams; and
(D) providing, upon request of a local child fatality review
team, expertise in creating local prevention strategies.
(4) Upon request by a local child fatality review team or the
department of child services ombudsman established by
IC 4-13-19-3, assist in or conduct a review of the death of a
child as provided under section 5 of this chapter.
(5) Create strategies and make recommendations for the
safety of children and prevention of serious injuries or deaths
of children.
Sec. 5. (a) Upon request by a local child fatality review team or
the department of child services ombudsman established by
IC 4-13-19-3, the statewide child fatality review committee shall
assist a local child fatality review team or conduct a review of the
death of a child that occurred in Indiana if:
(1) the death of the child is:
(A) sudden;
(B) unexpected;
(C) unexplained; or
(D) assessed by the department of child services for alleged
abuse or neglect that resulted in the death of the child; or
(2) the coroner in the area in which the child's death occurred
determines that the cause of the death of the child is:
(A) undetermined; or
(B) the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a),
the statewide child fatality review committee may review all
applicable records and information related to the death of the
child, including the following:
(1) Records held by the:
(A) local or state health department; and
(B) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(c) Subject to IC 34-30-15, if the statewide child fatality review
committee requests records from a hospital, physician, coroner,
law enforcement officer, or mental health professional regarding
a death that the statewide child fatality review committee is
investigating, the hospital, physician, coroner, law enforcement
officer, or mental health professional shall provide the requested
records to the statewide child fatality review committee.
(d) A person who provides records in accordance with
subsection (c) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of such disclosure.
(e) Except as otherwise provided in this article, information and records acquired by the statewide child fatality review committee in the exercise of its duties under this chapter are confidential and exempt from disclosure.
(f) Records, information, documents, and reports acquired or produced by the statewide child fatality review committee are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the statewide child fatality review committee.
Sec. 6. In reviewing the death of a child under this chapter, the statewide child fatality review committee shall:
(1) identify the factors that surrounded or contributed to the death of the child;
(2) determine whether similar deaths could be prevented in the future;
(3) if applicable, identify:
(A) agencies and entities that should be involved; and
(B) any other resources that should be used;
to adequately prevent future deaths of children; and
(4) if applicable, identify solutions to improve practice and policy and enhance coordination.
Sec. 7. (a) The chairperson of the statewide child fatality review committee shall be selected by the governor.
(b) The statewide child fatality review committee shall meet at the call of the chairperson.
Sec. 8. The chairperson of the statewide child fatality review committee shall do the following:
(1) Work with the state child fatality review coordinator to prepare the agenda for each meeting of the statewide child fatality review committee.
(2) Work with the state child fatality review coordinator to:
(A) prepare the annual report of the statewide child fatality review committee described in section 11 of this
chapter; and
(B) ensure compliance with section 9 of this chapter.
(3) Upon the conclusion of a review of a child fatality, destroy
all records, information, and documents obtained by the
statewide child fatality review committee under section 5 of
this chapter.
Sec. 9. (a) Except as provided in subsection (b), meetings of the
statewide child fatality review committee are open to the public.
(b) A meeting of the statewide child fatality review committee
that involves:
(1) confidential records; or
(2) identifying information regarding the death of a child that
is confidential under state or federal law;
shall be held as an executive session.
(c) If a meeting is held as an executive session under subsection
(b), each invitee who:
(1) attends the meeting; and
(2) is not a member of the statewide child fatality review
committee;
shall sign a confidentiality statement prepared by the state child
fatality review coordinator.
Sec. 10. Members of the statewide child fatality review
committee and individuals who attend a meeting of the statewide
child fatality review committee as invitees of the chairperson:
(1) may discuss among themselves confidential matters that
are before the statewide child fatality review committee;
(2) are bound by all applicable laws regarding the
confidentiality of matters reviewed by the statewide child
fatality review committee; and
(3) except when acting:
(A) with malice;
(B) in bad faith; or
(C) with gross negligence;
are immune from any civil or criminal liability that might
otherwise be imposed as a result of communicating among
themselves about confidential matters that are before the
statewide child fatality review committee.
Sec. 11. (a) The statewide child fatality review committee shall
submit to the legislative council, governor, department of child
services, and the state department on or before December 31 of
each year a report that includes the following information:
(1) A summary of the data collected and reviewed by the
statewide child fatality review committee in the previous
calendar year.
(2) Trends and patterns that have been identified by the
statewide child fatality review committee concerning deaths
of children in Indiana.
(3) Recommended actions or resources to prevent future child
fatalities in Indiana.
A report submitted under this section to the legislative council
must be in an electronic format under IC 5-14-6.
(b) The statewide child fatality review committee shall provide
a copy of a report submitted under this section to a member of the
public upon request.
(c) The state department shall make the report available on the
state department's Internet web site.
Sec. 12. (a) A report released under this section 11 of this
chapter may not contain identifying information relating to the
fatalities reviewed by the statewide child fatality review committee
or any local child fatality review team.
(b) Except as otherwise provided in this article, review data
concerning a child fatality is confidential and may not be released.
Sec. 13. The discussions, determinations, conclusions, and
recommendations of the statewide child fatality review committee
or its members, concerning a review of a child fatality, at a meeting
of the statewide child fatality review committee:
(1) are privileged; and
(2) are not:
(A) subject to subpoena or discovery; or
(B) admissible as evidence;
in any judicial or administrative proceeding.
Sec. 14. A member of the statewide child fatality review
committee is not entitled to receive compensation or per diem but
is entitled to receive mileage on the days in which the member is
engaged in the business of the statewide child fatality review
committee.
Sec. 15. The statewide child fatality review committee is subject
to the confidentiality provisions of IC 31-33-18 applying to records
held by the statewide child fatality review committee.
Chapter 5. State Child Fatality Review Coordinator
Sec. 1. The state department shall employ a state child fatality
review coordinator to do the following:
(1) Assist the statewide child fatality review committee
chairperson in establishing agendas for meetings of the
statewide child fatality review committee.
(2) Coordinate information and materials for the meetings of
the statewide child fatality review committee.
(3) Compile raw data for presentation to the statewide child
fatality review committee.
(4) Contact the appropriate individuals if any issues with the
electronic data collection system occur.
(5) Record information concerning child fatality reviews
conducted by the statewide child fatality review committee in
the electronic data collection system.
(6) Record and compile recommendations by the statewide
child fatality review committee for the prevention of child
fatalities and investigate available prevention resources.
(7) Work with the chairperson of the statewide child fatality
review committee to prepare the annual report described in
IC 16-49-4-11.
(8) Facilitate distribution of the annual report described in
IC 16-49-4-11.
(9) Represent the state of Indiana at national meetings
concerning child fatalities and child fatality reviews.
(10) Assist local child fatality review teams by:
(A) assisting with the establishment of local child fatality
review teams;
(B) acting as a liaison between the statewide child fatality
review committee and local child fatality review teams;
(C) creating and providing forms, including the data
collection form described in section 2 of this chapter, for
local child fatality review teams and the statewide child
fatality review committee;
(D) developing protocols for meetings of and fatality
reviews conducted by local child fatality review teams;
(E) providing data collection tools that include collecting
and storing:
(i) identifying and nonidentifying information;
(ii) information concerning the circumstances
surrounding the death of a child;
(iii) information concerning factors that contributed to
the death of a child; and
(iv) information concerning findings and
recommendations regarding the death of a child by the
local child fatality review team;
(F) providing training on data collection and technical
assistance for the electronic data collection system;
(G) providing information on the prevention of child
fatalities; and
(H) obtaining death certificates for local child fatality
review teams if necessary.
(11) Coordinating local or statewide training related to child
fatality review.
(12) Maintaining all confidentiality statements signed in
accordance with IC 16-49-4-9.
Sec. 2. (a) The state child fatality review coordinator shall
develop a data collection form that includes:
(1) identifying and nonidentifying information;
(2) information regarding the circumstances surrounding a
death;
(3) factors contributing to a death; and
(4) findings and recommendations that include the following
information:
(A) Whether similar future deaths could be prevented.
(B) A list of:
(i) agencies and entities that should be involved; and
(ii) any other resources that should be used;
to adequately prevent future child deaths in the area.
(b) The state child fatality review coordinator shall develop a
confidentiality form for use by the statewide child fatality review
committee and local child fatality review teams.
Sec. 3. The following must be paid from funds appropriated to
the state department:
(1) The salary of the state child fatality review coordinator.
(2) Expenses for any training for:
(A) the state child fatality review coordinator;
(B) members of the statewide child fatality review
committee; and
(C) members of local child fatality review teams.
(3) Other expenses related to the duties of the state child
fatality review coordinator.
of IC 31-33-24, has the meaning set forth in IC 31-33-24-3.
(b) "Local child fatality review team", for purposes of IC 31-33-25,
has the meaning set forth in IC 3133-25-3.
(b) A citizen review panel consists of volunteer members who broadly represent the community in which the panel is established, including members who have expertise in the prevention and treatment of child abuse and neglect.
(c) The department shall appoint the citizen review panels in the following manner:
(1) One (1) panel must be a community child protection team established in a county under IC 31-33-3-1, selected by the director of the department with the consent of the team.
(2) One (1) panel must be either:
(A) the statewide child fatality review committee established under
(B) a local child fatality review team established under
selected by the director of the department with the consent of the committee or team.
(3) One (1) panel must be a foster care advisory panel consisting of at least five (5) and not more than eleven (11) members, selected to the extent feasible from the membership of any foster care advisory group previously established or recognized by the department. If the panel consists of seven (7) or fewer members, the panel must include at least one (1) foster parent licensed by
the department and one (1) foster parent licensed by the
department through a child placing agency licensed under
IC 31-27-6. If the panel consists of more than seven (7) members,
the panel must include two (2) foster parents licensed by the
department and two (2) foster parents licensed by the department
through a child placing agency licensed under IC 31-27-6.
Additional members of the panel must include one (1) or more
individuals who are employed by a child placing agency licensed
under IC 31-27-6 and who provide services to foster families and
children placed by the department in out-of-home placements,
and may include other representatives of child welfare service
providers or persons who provide training to current or
prospective foster parents. All members of this panel must be
individuals who are not employees of the department.
(4) The membership of any additional citizen review panels
established under this section shall be determined by the director
of the department, consistent with the guidelines for panel
membership stated in subsection (b) and the purposes and
functions of the panels as described in this section.
(5) Each citizen review panel shall be appointed for a term of
three (3) years beginning July 1, 2007. Upon expiration of the
term of the panel described in subdivision (1), the director of the
department shall select a community child protection team
established in a different county for the succeeding term. Upon
expiration of the term of the panel described in subdivision (2),
the director of the department shall select a different fatality
review team, or committee, if available, for the succeeding term.
Panels appointed under subdivision (3) or (4) may be reappointed
for successive terms, in the discretion of the director of the
department. The director may appoint individuals as needed to fill
vacancies that occur during the term of any panel appointed under
subdivision (3) or (4).
(d) A citizen review panel shall evaluate the extent to which a child
welfare agency is effectively discharging the agency's child protection
responsibilities by examining:
(1) the policies and procedures of child welfare agencies;
(2) if appropriate, specific child protective services cases; and
(3) other criteria the citizen review panel considers important to
ensure the protection of children.
(e) Each citizen review panel shall:
(1) meet at least one (1) time every three (3) months; and
(2) prepare and make available to the department and the public
an annual report that contains a summary of the activities of the
citizen review panel.
(f) The department shall, not more than six (6) months after the date
the department receives a report from a citizen review panel under
subsection (e), submit to the citizen review panel a written response
indicating whether and how the department will incorporate the
recommendations of the citizen review panel. The department shall at
the same time provide appropriate child welfare agencies with copies
of the department's written response.
(g) A child welfare agency shall make all reports and other materials
in the child welfare agency's possession available to a citizen review
panel established under this section, including any reports and
materials that the child welfare agency has received from other
agencies.
(h) A member of a citizen review panel may not disclose to a person
or government official any identifying information that is provided to
the citizen review panel about:
(1) a specific child protective services case or child welfare
agency case;
(2) a child or member of the child's family who is the subject of
a child protective services assessment; or
(3) any other individuals identified in confidential reports,
documents, or other materials.
(i) If a member of a citizen review panel violates subsection (h), the
department may remove the member from the citizen review panel.
(j) A child welfare agency shall cooperate and work with each
citizen review panel established under this section.
(1) A summary of the information gathered concerning child fatalities resulting from abuse or neglect.
(2) Demographic information regarding victims, perpetrators, and households involved in child fatalities resulting from abuse or neglect.
(3) An analysis of the primary risk factors involved in child fatalities resulting from abuse or neglect.
(4) A summary of the most frequent causes of child fatalities resulting from abuse or neglect.
(5) A description of the manner in which the information was assembled.
The department shall post the report prepared under this section on the department's Internet web site.
(1) Reports made under this article (or IC 31-6-11 before its repeal).
(2) Any other information obtained, reports written, or photographs taken concerning the reports in the possession of:
(A) the division of family resources;
(B) the local office;
(C) the department; or
(D) the department of child services ombudsman established by IC 4-13-19-3.
(b) Except as provided in section 1.5 of this chapter, all records held by:
(1) the division of family resources;
(2) a local office;
(3) the department;
(4) a local child fatality review team established under
(5) the statewide child fatality review committee established under
(6) the department of child services ombudsman established by IC 4-13-19-3;
regarding the death of a child determined to be a result of abuse, abandonment, or neglect are confidential and may not be disclosed.
(1) a local office;
(2) the department; or
regarding a child whose death or near fatality may have been the result of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death or near fatality may have been the result of abuse, abandonment, or neglect if:
(1) an entity described in subsection (a) determines that the child's death or near fatality is the result of abuse, abandonment, or neglect; or
(2) a prosecuting attorney files:
(A) an indictment or information; or
(B) a complaint alleging the commission of a delinquent act;
that, if proven, would cause a reasonable person to believe that the child's death or near fatality may have been the result of abuse, abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court exercising juvenile jurisdiction in the county in which the child's death or near fatality occurred shall determine whether the allegations contained in the indictment, information, or complaint described in subdivision (2), if proven, would cause a reasonable person to believe that the child's death or near fatality may have been the result of abuse, abandonment, or neglect.
(c) If the juvenile court finds that the child's death or near fatality was the result of abuse, abandonment, or neglect, the court shall make written findings and provide a copy of the findings and the indictment, information, or complaint described under subsection (b)(2) to the department.
(d) As used in this section:
(1) "case" means:
(A) any intake report generated by the department;
(B) any investigation or assessment conducted by the department; or
(C) ongoing involvement between the department and a child or family that is the result of:
(i) a program of informal adjustment; or
(ii) a child in need of services action;
for which related records and documents have not been expunged as required by law or by a court at the time the department is notified of a fatality or near fatality;
(2) "contact" means in person communication about a case in which:
(A) the child who is the victim of a fatality or near fatality is alleged to be a victim; or
(B) the perpetrator of the fatality or near fatality is alleged to
be the perpetrator;
(3) "identifying information" means information that identifies an
individual, including an individual's:
(A) name, address, date of birth, occupation, place of
employment, and telephone number;
(B) employer identification number, mother's maiden name,
Social Security number, or any identification number issued by
a governmental entity;
(C) unique biometric data, including the individual's
fingerprint, voice print, or retina or iris image;
(D) unique electronic identification number, address, or
routing code;
(E) telecommunication identifying information; or
(F) telecommunication access device, including a card, a plate,
a code, an account number, a personal identification number,
an electronic serial number, a mobile identification number, or
another telecommunications service or device or means of
account access; and
(4) "near fatality" has the meaning set forth in 42 U.S.C. 5106a.
(e) Unless information in a record is otherwise confidential under
state or federal law, a record described in subsection (a) that has been
redacted in accordance with this section is not confidential and may be
disclosed to any person who requests the record. The person requesting
the record may be required to pay the reasonable expenses of copying
the record.
(f) When a person requests a record described in subsection (a), the
entity having control of the record shall immediately transmit a copy of
the record to the court exercising juvenile jurisdiction in the county in
which the death or near fatality of the child occurred. However, if the
court requests that the entity having control of a record transmit the
original record, the entity shall transmit the original record.
(g) Upon receipt of the record described in subsection (a), the court
shall, within thirty (30) days, redact the record to exclude:
(1) identifying information described in subsection (d)(3)(B)
through (d)(3)(F) of a person; and
(2) all identifying information of a child less than eighteen (18)
years of age.
(h) The court shall disclose the record redacted in accordance with
subsection (g) to any person who requests the record, if the person has
paid:
(1) to the entity having control of the record, the reasonable
expenses of copying under IC 5-14-3-8; and
(2) to the court, the reasonable expenses of copying the record.
(i) The data and information in a record disclosed under this section must include the following:
(1) A summary of the report of abuse or neglect and a factual description of the contents of the report.
(2) The date of birth and gender of the child.
(3) The cause of the fatality or near fatality, if the cause has been determined.
(4) Whether the department had any contact with the child or the perpetrator before the fatality or near fatality, and, if the department had contact, the following:
(A) The frequency of the contact with the child or the perpetrator before the fatality or near fatality and the date on which the last contact occurred before the fatality or near fatality.
(B) A summary of the status of the child's case at the time of the fatality or near fatality, including:
(i) whether the child's case was closed by the department before the fatality or near fatality; and
(ii) if the child's case was closed as described under item (i), the date of closure and the reasons that the case was closed.
(j) The court's determination under subsection (g) that certain identifying information or other information is not relevant to establishing the facts and circumstances leading to the death or near fatality of a child is not admissible in a criminal proceeding or civil action.
(1) Persons authorized by this article.
(2) A legally mandated public or private child protective agency investigating a report of child abuse or neglect or treating a child or family that is the subject of a report or record.
(3) A police or other law enforcement agency, prosecuting attorney, or coroner in the case of the death of a child who is investigating a report of a child who may be a victim of child abuse or neglect.
(4) A physician who has before the physician a child whom the physician reasonably suspects may be a victim of child abuse or
neglect.
(5) An individual legally authorized to place a child in protective
custody if:
(A) the individual has before the individual a child whom the
individual reasonably suspects may be a victim of abuse or
neglect; and
(B) the individual requires the information in the report or
record to determine whether to place the child in protective
custody.
(6) An agency having the legal responsibility or authorization to
care for, treat, or supervise a child who is the subject of a report
or record or a parent, guardian, custodian, or other person who is
responsible for the child's welfare.
(7) An individual named in the report or record who is alleged to
be abused or neglected or, if the individual named in the report is
a child or is otherwise incompetent, the individual's guardian ad
litem or the individual's court appointed special advocate, or both.
(8) Each parent, guardian, custodian, or other person responsible
for the welfare of a child named in a report or record and an
attorney of the person described under this subdivision, with
protection for the identity of reporters and other appropriate
individuals.
(9) A court, for redaction of the record in accordance with section
1.5 of this chapter, or upon the court's finding that access to the
records may be necessary for determination of an issue before the
court. However, except for disclosure of a redacted record in
accordance with section 1.5 of this chapter, access is limited to in
camera inspection unless the court determines that public
disclosure of the information contained in the records is necessary
for the resolution of an issue then pending before the court.
(10) A grand jury upon the grand jury's determination that access
to the records is necessary in the conduct of the grand jury's
official business.
(11) An appropriate state or local official responsible for child
protection services or legislation carrying out the official's official
functions.
(12) A foster care review board established by a juvenile court
under IC 31-34-21-9 (or IC 31-6-4-19 before its repeal) upon the
court's determination that access to the records is necessary to
enable the foster care review board to carry out the board's
purpose under IC 31-34-21.
(13) The community child protection team appointed under
IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to
enable the team to carry out the team's purpose under IC 31-33-3.
(14) A person about whom a report has been made, with
protection for the identity of:
(A) any person reporting known or suspected child abuse or
neglect; and
(B) any other person if the person or agency making the
information available finds that disclosure of the information
would be likely to endanger the life or safety of the person.
(15) An employee of the department, a caseworker, or a juvenile
probation officer conducting a criminal history check under
IC 31-26-5, IC 31-34, or IC 31-37 to determine the
appropriateness of an out-of-home placement for a:
(A) child at imminent risk of placement;
(B) child in need of services; or
(C) delinquent child.
The results of a criminal history check conducted under this
subdivision must be disclosed to a court determining the
placement of a child described in clauses (A) through (C).
(16) A local child fatality review team established under
IC 31-33-24-6. IC 16-49-2.
(17) The statewide child fatality review committee established by
IC 31-33-25-6. IC 16-49-4.
(18) The department.
(19) The division of family resources, if the investigation report:
(A) is classified as substantiated; and
(B) concerns:
(i) an applicant for a license to operate;
(ii) a person licensed to operate;
(iii) an employee of; or
(iv) a volunteer providing services at;
a child care center licensed under IC 12-17.2-4 or a child care
home licensed under IC 12-17.2-5.
(20) A citizen review panel established under IC 31-25-2-20.4.
(21) The department of child services ombudsman established by
IC 4-13-19-3.
(22) The state superintendent of public instruction with protection
for the identity of:
(A) any person reporting known or suspected child abuse or
neglect; and
(B) any other person if the person or agency making the
information available finds that disclosure of the information
would be likely to endanger the life or safety of the person.
(23) The state child fatality review coordinator employed by
the state department of health under IC 16-49-5-1.
SECTION 28. IC 34-30-2-134.6 IS REPEALED [EFFECTIVE JULY 1, 2013].
[EFFECTIVE JULY 1, 2013]: Sec. 11.4. IC 16-49-3-13 (Concerning
discussions, determinations, conclusions, and recommendations of
a local child fatality review team.)
(1) The name, age, address, sex, and race of the deceased.
(2) The address where the dead body was found, or if there is no address the location where the dead body was found and, if different, the address where the death occurred, or if there is no address the location where the death occurred.
(3) The name of the agency to which the death was reported and the name of the person reporting the death.
(4) The name of any public official or governmental employee present at the scene of the death and the name of the person certifying or pronouncing the death.
(5) Information regarding an autopsy (requested or performed) limited to the date, the person who performed the autopsy, where the autopsy was performed, and a conclusion as to:
(A) the probable cause of death;
(B) the probable manner of death; and
(C) the probable mechanism of death.
(6) The location to which the body was removed, the person determining the location to which the body was removed, and the authority under which the decision to remove the body was made.
(7) The records required to be filed by a coroner under section 6 of this chapter and the verdict and the written report required under section 10 of this chapter.
(b) A county coroner or a coroner's deputy who receives an investigatory record from a law enforcement agency shall treat the investigatory record with the same confidentiality as the law enforcement agency would treat the investigatory record.
(c) Notwithstanding any other provision of this section, a coroner shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of a parent of the decedent, an adult child of
the decedent, a next of kin of the decedent, or an insurance company
investigating a claim arising from the death of the individual upon
whom the autopsy was performed. A parent of the decedent, an adult
child of the decedent, a next of kin of the decedent, and an insurance
company are prohibited from publicly disclosing any information
contained in the report beyond that information that may otherwise be
disclosed by a coroner under this section. This prohibition does not
apply to information disclosed in communications in conjunction with
the investigation, settlement, or payment of the claim.
(d) Notwithstanding any other provision of this section, a coroner
shall make available a full copy of an autopsy report, other than a
photograph, a video recording, or an audio recording of the autopsy,
upon the written request of:
(1) the director of the division of disability and rehabilitative
services established by IC 12-9-1-1;
(2) the director of the division of mental health and addiction
established by IC 12-21-1-1; or
(3) the director of the division of aging established by
IC 12-9.1-1-1;
in connection with a division's review of the circumstances surrounding
the death of an individual who received services from a division or
through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coroner
shall make available, upon written request, a full copy of an autopsy
report, including a photograph, a video recording, or an audio recording
of the autopsy, to:
(1) the department of child services established by IC 31-25-1-1,
including an office of the department located in the county where
the death occurred;
(2) the statewide child fatality review committee established by
IC 31-33-25-6; IC 16-49-4; or
(3) a county child fatality review team or regional child fatality
review team established under IC 31-33-24-6 IC 16-49-2 by the
county or for the county area where the death occurred;
for purposes of an entity described in subdivisions (1) through (3)
conducting a review or an investigation of the circumstances
surrounding the death of a child (as defined in IC 31-9-2-13(d)(1)) and
making a determination as to whether the death of the child was a
result of abuse, abandonment, or neglect. An autopsy report made
available under this subsection is confidential and shall not be
disclosed to another individual or agency, unless otherwise authorized
or required by law.
(f) Except as provided in subsection (g), the information required to
be available under subsection (a) must be completed not later than
fourteen (14) days after the completion of:
(1) the autopsy report; or
(2) if applicable, any other report, including a toxicology report,
requested by the coroner as part of the coroner's investigation;
whichever is completed last.
(g) The prosecuting attorney may petition a circuit or superior court
for an order prohibiting the coroner from publicly disclosing the
information required in subsection (a). The prosecuting attorney shall
serve a copy of the petition on the coroner.
(h) Upon receipt of a copy of the petition described in subsection
(g), the coroner shall keep the information confidential until the court
rules on the petition.
(i) The court shall grant a petition filed under subsection (g) if the
prosecuting attorney proves by a preponderance of the evidence that
public access or dissemination of the information specified in
subsection (a) would create a significant risk of harm to the criminal
investigation of the death. The court shall state in the order the reasons
for granting or denying the petition. An order issued under this
subsection must use the least restrictive means and duration possible
when restricting access to the information. Information to which access
is restricted under this subsection is confidential.
(j) Any person may petition the court to modify or terminate an
order issued under subsection (i). The petition for modification or
termination must allege facts demonstrating that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not
create a significant risk to the criminal investigation of the death.
The person petitioning the court for modification or termination shall
serve a copy of the petition on the prosecuting attorney and the coroner.
(k) Upon receipt of a petition for modification or termination filed
under subsection (j), the court may:
(1) summarily grant, modify, or dismiss the petition; or
(2) set the matter for hearing.
If the court sets the matter for hearing, upon the motion of any party or
upon the court's own motion, the court may close the hearing to the
public.
(l) If the person filing the petition for modification or termination
proves by a preponderance of the evidence that:
(1) the public interest will be served by allowing access; and
(2) access to the information specified in subsection (a) would not create a significant risk to the criminal investigation of the death;
the court shall modify or terminate its order restricting access to the information. In ruling on a request under this subsection, the court shall state the court's reasons for granting or denying the request.
