Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1048 Comm Sub / Analysis

Filed 02/29/2024

                      	SB 1048 
Initials AG/MT 	Page 1 	Health & Human Services 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
Senate: HHS DPA 7-0-0-0 |3rd Read 28-0-2-0 
 
SB 1048: child fatality review teams; duties 
Sponsor: Senator Shope, LD 16 
Committee on Health & Human Services 
Overview 
Makes modifications to the membership and duties of the State Child Fatality Review Team 
(State CFR Team) and local child fatality review teams (local review teams). Provides the 
Chairperson of the State CFR Team or a local review team access to all information and 
records regarding a child fatality or near fatality under review. 
History 
The State CFR Team is established in the Arizona Department of Health Services (DHS). 
The CFR program was created to review all possible factors surrounding a child's death and 
identify ways of reducing preventable fatalities. Its duties include encouraging and assisting 
in the development of local review teams, conducting an annual statistical report on the 
incidence and causes of child fatalities in Arizona and evaluating the incidence and causes of 
maternal fatalities associated with pregnancy in Arizona. The State CFR Team consists of 
the head, or designee, of 11 various state offices and entities, as well as 10 additional 
members appointed by the DHS Director who serve staggered 3-year terms (CFR Report 
2023, and A.R.S. § 36-3501). 
If local review teams are organized, they must abide by the standards and protocols developed 
by the State CFR Team and must have prior authorization from the State CFR Team to 
conduct fatality reviews. Local review teams must be composed of the head of applicable 
county medical examiner's office, county health department and the Department of Child 
Safety, or their designees, as well as six additional members from various professions 
appointed by the Chairperson of the State CFR Team (A.R.S § 36-3502). 
On request of the Chairperson of the State CFR Team or local review team and as necessary 
to carry out team's duties, must be provided within five days excluding weekends and 
holidays with access to information and records regarding a child whose death is being 
reviewed by the team, or information and records regarding the child's family and records of 
a maternal fatality associated with pregnancy from a provider of medical, dental or mental 
health care and from this state or political subdivision that might assist a team to review a 
child fatality.  
A member of the state CFR Team or local review team is prohibited from contacting, 
interviewing or obtaining information by request or subpoena from a member of a deceased 
child's family, unless the member is a public officer or employee who may contact, interview 
or obtain information as part of the public officers or employee's other official duties, if 
necessary (A.R.S. § 36-3503). 
 
    	SB 1048 
Initials AG/MT 	Page 2 	Health & Human Services 
Provisions 
State CFR Membership & Duties 
1. Alters the membership of the State CFR Team, by: 
a) removing the head of the DHS Office of Planning and Health Status Monitoring; 
b) combining the heads of the Administrative Office of Courts (AOC) and the Parent 
Assistance Office of the Supreme Court into one position, the head of AOC's Parent 
Assistance Program; 
c) updating the head of the Governor's Office for Children with the head of the 
Governor's Office of Youth, Faith and Family; and 
d) replacing the DHS-appointed public member with a member of the local review team. 
(Sec. 1) 
2. Removes the requirement that DHS-appointed members of the State CFR Team serve 
staggered three-year terms. (sec. 1) 
3. Requires the State CFR Team's annual statistical report on the incidence and causes of 
child fatalities to include data from the past year instead of the fiscal year. (Sec. 1) 
4. Requires the State CFR Team, beginning January 1, 2025, to conduct an annual 
statistical report on the incidence and causes of child fatalities and near fatalities 
identified by the Department of Child Safety within the past year and submit a copy of 
the report and its recommendations for action to the Governor, President of the Senate 
and the Speaker of the House of Representatives by November 15 of each year. (Sec. 1) 
5. Requires the State CFR Team's annual statistical report on incident and causes of child 
fatalities to include available information regarding plans for or progress toward 
implementation of recommendations. (Sec. 1) 
6. Instructs that the recommendations made to a state, agency, board or commission must 
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, President of the Senate, Speaker of the House of 
Representatives and the State CFR Team within 60 days after the report is submitted. 
(Sec. 1)  
7. Directs the State CFR Team to inform the Governor and Legislature of the need for 
specific recommendations regarding sudden unexpected infant death, rather than 
unexplained infant death. (Sec. 1) 
Access to Information 
8. Requires local review teams to designate a chairperson to review the death certificates of 
all women who die within the team's jurisdiction and call meetings when necessary.    
(Sec. 2) 
9. Provides the Chairperson of the State CFR Team or a local review team access to all 
information and records regarding a child fatality or near fatality under review from a 
person or institution providing medical, dental, nursing or mental health care. (Sec. 3) 
10. Permits a member of the State CFR Team, a local review team or a member's designee to 
contact, interview or obtain information by request from a family member of a child or 
woman who dies within the team's jurisdiction pursuant to policies adopted by the State 
CFR Team. (Sec. 3) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1048 
Initials AG/MT 	Page 3 	Health & Human Services 
11. Directs the State CFR Team to establish a process for approving any contact, interview 
or request before any team member or designee contacts, interview or obtains information 
from a woman or a child's family member within the team's jurisdiction. (Sec. 3) 
12. Mandates that any policies adopted must require any individual engaging with a family 
member to be trained in trauma informed interview techniques and educated on support 
services available to a family member. (Sec. 3) 
Miscellaneous 
13. Replaces the psychiatrist or psychologist member of a local review team with a mental 
health specialist. (Sec. 2) 
14. Makes technical and conforming changes. (Sec. 1-3)