HLS 16RS-978 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 494
BY REPRESENTATIVE MORENO
PUBLIC HEALTH: Provides relative to the membership and functions of the La. State
Child Death Review Panel
1 AN ACT
2To amend and reenact R.S. 40:2019(A)(2), (C)(introductory paragraph), (12), and (13),
3 (D)(2)(b), (E)(1), (F), and (G), and to enact R.S. 40:2019(C)(21) and (22), relative
4 to the Louisiana State Child Death Review Panel; to revise the membership of the
5 panel; to authorize functions of the panel and of the Department of Children and
6 Family Services relative to child death investigations; to authorize sharing of
7 information, documents, and records between the panel and the Department of
8 Children and Family Services; to provide limitations relative to use of certain
9 information obtained by the panel; to specify the age range of children whose deaths
10 are subject to investigation by the panel; and to provide for related matters.
11Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 40:2019(A)(2), (C)(introductory paragraph), (12), and (13),
13(D)(2)(b), (E)(1), (F), and (G) are hereby amended and reenacted and R.S. 40:2019(C)(21)
14and (22) are hereby enacted to read as follows:
15 ยง2019. Child death investigation
16 A. Findings and purpose.
17 * * *
18 (2) The purpose of this Section is to identify the cause of death of children
19 fourteen years of age and below the age of fifteen, and thereby reduce the incidence
20 of injury and death to infants and children by requiring that a death investigation be
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1 performed in the case of all unexpected deaths of children fourteen years of age and
2 below the age of fifteen, and establishing the Louisiana State Child Death Review
3 Panel to collect data from such investigations and report to the legislature regarding
4 the causes of such deaths and share information among local and regional panels,
5 health care healthcare providers, and state agencies which provide services to
6 children and families.
7 * * *
8 C. Child Death Review Panel. There is established within the Department
9 of Health and Hospitals the Louisiana State Child Death Review Panel, hereinafter
10 referred to as the "state panel" which shall be composed of twenty-five twenty-seven
11 persons. Members of the panel shall include:
12 * * *
13 (12) A representative of the injury research and prevention section of the
14 office of public health appointed by the assistant secretary of the office of public
15 health The assistant secretary of the office of behavioral health of the Department of
16 Health and Hospitals or his designee.
17 (13) The executive director of the Louisiana Maternal and Child Health
18 Coalition A representative of the Louisiana Partnership for Children and Families.
19 * * *
20 (21) The state superintendent of education or his designee.
21 (22) The director of the bureau of emergency medical services of the
22 Department of Health and Hospitals or his designee.
23 D. Functions and duties of panel.
24 * * *
25 (2) The state panel may:
26 * * *
27 (b) Analyze any data available through any state systems that may decrease
28 the incidence of injury and unexpected death to infants and children below the age
29 of fourteen fifteen.
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1 E. Child death investigation.
2 (1) In each unexpected death of a child fourteen years of age and below the
3 age of fifteen, a death investigation shall be performed in accordance with the child
4 death investigation protocol established by the Louisiana State Child Death Review
5 Panel which may include, at the discretion of the coroner but not be limited to, a
6 complete autopsy performed by the coroner of the parish where the death occurred
7 pursuant to the death investigation procedure established by R.S. 33:1563 R.S.
8 13:5713. The death investigation findings shall be reported to appropriate authorities
9 including the police, health care healthcare providers, and the child protective
10 services if appropriate, within three days of the conclusion of the death investigation.
11 * * *
12 F. Records; confidentiality; prohibited disclosure and discovery.
13 (1) Notwithstanding any other provision of law to the contrary, the state
14 panel, and any local or regional panel or its agent thereof, shall be authorized to
15 access medical and vital records in the custody of physicians, hospitals, clinics, and
16 other health care healthcare providers, and the office of public health,; and to any
17 other information, documents, or records pertaining to the completed investigation
18 of unexpected deaths of infants and children below the age of fourteen fifteen in the
19 custody of any law enforcement agency or child protective service agency in order
20 that it may perform its functions and duties as provided in Subsection D of this
21 Section.
22 (2) Notwithstanding any other provision of law to the contrary, including but
23 not limited to the provisions of Ch.C. Art. 615 and R.S. 46:56, all of the following
24 authorizations shall be effective when an unexpected death of an infant or child
25 below the age of fifteen has occurred:
26 (a) The state panel, and any local or regional panel or its agent thereof, in
27 order that it may perform its functions and duties as provided in Subsection D of this
28 Section, is authorized to have access to any information, documents, or records in the
29 possession of the Department of Children and Family Services involving a child
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1 abuse and neglect investigation which are pertinent to the alleged child abuse or
2 neglect that led to the death of the child.
3 (b) The Department of Children and Family Services is authorized to have
4 access to any and all information, documents, or records in the possession of the state
5 panel, and any local or regional panel or its agent thereof, for use by the department
6 in any investigation or child in need of care proceeding.
7 (3)(a) All such records obtained by the state panel or any local or regional
8 panel or its agent in accordance with the provisions of this Subsection, as well as the
9 results of any child death investigation report, shall be confidential and shall not be
10 available for subpoena nor shall such information be disclosed, discoverable, or
11 compelled to be produced in any civil, criminal, administrative, or other proceeding
12 nor shall such records be deemed admissible as evidence in any civil, criminal,
13 administrative, or other tribunal or court for any reason.
14 (b) No information, document, or record obtained by the state panel or any
15 local or regional panel or its agent from the Department of Children and Family
16 Services involving a report which results in an inconclusive, not justified, or invalid
17 finding pursuant to Ch.C. Art. 615 shall be included or referenced in any manner in
18 any report or other document issued or published by or on behalf of the panel.
19 (2) (4) The furnishing of confidential information, documents, and reports
20 in accordance with this Section by any person, agency, or entity furnishing such
21 information, documents, and reports shall not expose such person, agency, or entity
22 to liability and shall not be considered a violation of any privileged or confidential
23 relationship, provided the participant has acted in good faith in the reporting as
24 required in this Section.
25 (3) (5) Nothing in this Subsection shall prohibit the publishing by the state
26 panel of statistical compilations relating to unexpected child deaths of infants and
27 children fourteen years of age or below the age of fifteen which do not identify
28 individual cases or individual physicians, hospitals, clinics, or other health care
29 healthcare providers.
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1 G. Report. The state panel shall report to the legislature annually concerning
2 the causes of unexpected deaths of infants and children below the age of fourteen
3 fifteen. The report shall include analysis of factual information obtained through
4 review of death investigation reports required in Subsection D of this Section.
5 Section 2. This Act shall become effective upon signature by the governor or, if not
6signed by the governor, upon expiration of the time for bills to become law without signature
7by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
8vetoed by the governor and subsequently approved by the legislature, this Act shall become
9effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 494 Reengrossed 2016 Regular Session Moreno
Abstract: Revises membership of the La. State Child Death Review Panel; specifies the
age range of children whose deaths are subject to investigation by the panel; and
authorizes sharing of information between the panel and the Dept. of Children and
Family Services.
Present law creates the Louisiana State Child Death Review Panel, referred to hereafter as
the "panel", within the Department of Health and Hospitals (DHH). Provides for purposes,
functions, and duties of the panel relative to child death investigations.
Present law provides that the age range of children whose deaths are subject to investigation
by the panel, variably, is under 14 and 14 or below. Proposed law revises present law to
provide that the age range of children whose deaths are subject to investigation by the panel
is under 15.
Present law provides for membership of the 25-member panel. Proposed law increases the
number of panel members to 27 through deleting two members (a representative of the injury
research and prevention section of the office of public health and the executive director of
the La. Maternal and Child Health Coalition) and adding the following members:
(1)The assistant secretary of the DHH office of behavioral health or his designee.
(2)A representative of the La. Partnership for Children and Families.
(3)The state superintendent of education or his designee.
(4)The director of the DHH bureau of emergency medical services or his designee.
Present law provides relative to confidentiality of records and prohibits certain disclosure
and discovery actions. Proposed law retains present law and provides that notwithstanding
any other provision of present law to the contrary, all of the following authorizations shall
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be effective when an unexpected death of an infant or child below the age of 15 has
occurred:
(1)The state panel, and any local or regional panel or its agent thereof is authorized to
have access to any information, documents, or records in the possession of the
Department of Children and Family Services (DCFS) involving a child abuse and
neglect investigation which are pertinent to the alleged child abuse or neglect that led
to the death of the child.
(2)DCFS is authorized to have access to any and all information, documents, or records
in the possession of the state panel, and any local or regional panel or its agent
thereof, for use by the department in any investigation or child in need of care
proceeding.
Proposed law stipulates that no information, document, or record obtained by the state panel
or any local or regional panel or its agent from DCFS involving a report which results in an
inconclusive, not justified, or invalid finding pursuant to present law (Ch.C. Art. 615) shall
be included or referenced in any manner in any report or other document issued or published
by or on behalf of the panel.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:2019(A)(2), (C)(intro. para.), (12) and (13), (D)(2)(b), (E)(1), (F), and (G);
Adds R.S. 40:2019(C)(21) and (22))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
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