ENROLLED
ACT No. 118
2016 Regular Session
HOUSE BILL NO. 494
BY REPRESENTATIVE MORENO
1 AN ACT
2 To 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.
11 Be 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)
14 and (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
21 performed in the case of all unexpected deaths of children fourteen years of age and
22 below the age of fifteen, and establishing the Louisiana State Child Death Review
23 Panel to collect data from such investigations and report to the legislature regarding
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1 the causes of such deaths and share information among local and regional panels,
2 health care healthcare providers, and state agencies which provide services to
3 children and families.
4 * * *
5 C. Child Death Review Panel. There is established within the Department
6 of Health and Hospitals the Louisiana State Child Death Review Panel, hereinafter
7 referred to as the "state panel" which shall be composed of twenty-five twenty-seven
8 persons. Members of the panel shall include:
9 * * *
10 (12) A representative of the injury research and prevention section of the
11 office of public health appointed by the assistant secretary of the office of public
12 health The assistant secretary of the office of behavioral health of the Department of
13 Health and Hospitals or his designee.
14 (13) The executive director of the Louisiana Maternal and Child Health
15 Coalition A representative of the Louisiana Partnership for Children and Families.
16 * * *
17 (21) The state superintendent of education or his designee.
18 (22) The director of the bureau of emergency medical services of the
19 Department of Health and Hospitals or his designee.
20 D. Functions and duties of panel.
21 * * *
22 (2) The state panel may:
23 * * *
24 (b) Analyze any data available through any state systems that may decrease
25 the incidence of injury and unexpected death to infants and children below the age
26 of fourteen fifteen.
27 E. Child death investigation.
28 (1) In each unexpected death of a child fourteen years of age and below the
29 age of fifteen, a death investigation shall be performed in accordance with the child
30 death investigation protocol established by the Louisiana State Child Death Review
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1 Panel which may include, at the discretion of the coroner but not be limited to, a
2 complete autopsy performed by the coroner of the parish where the death occurred
3 pursuant to the death investigation procedure established by R.S. 33:1563 R.S.
4 13:5713. The death investigation findings shall be reported to appropriate authorities
5 including the police, health care healthcare providers, and the child protective
6 services if appropriate, within three days of the conclusion of the death investigation.
7 * * *
8 F. Records; confidentiality; prohibited disclosure and discovery.
9 (1) Notwithstanding any other provision of law to the contrary, the state
10 panel, and any local or regional panel or its agent thereof, shall be authorized to
11 access medical and vital records in the custody of physicians, hospitals, clinics, and
12 other health care healthcare providers, and the office of public health,; and to any
13 other information, documents, or records pertaining to the completed investigation
14 of unexpected deaths of infants and children below the age of fourteen fifteen in the
15 custody of any law enforcement agency or child protective service agency in order
16 that it may perform its functions and duties as provided in Subsection D of this
17 Section.
18 (2) Notwithstanding any other provision of law to the contrary, including but
19 not limited to the provisions of Ch.C. Art. 615 and R.S. 46:56, all of the following
20 authorizations shall be effective when an unexpected death of an infant or child
21 below the age of fifteen has occurred:
22 (a) The state panel, and any local or regional panel or its agent thereof, in
23 order that it may perform its functions and duties as provided in Subsection D of this
24 Section, is authorized to have access to any information, documents, or records in the
25 possession of the Department of Children and Family Services involving a child
26 abuse and neglect investigation which are pertinent to the alleged child abuse or
27 neglect that led to the death of the child.
28 (b) The Department of Children and Family Services is authorized to have
29 access to any and all information, documents, or records in the possession of the state
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1 panel, and any local or regional panel or its agent thereof, for use by the department
2 in any investigation or child in need of care proceeding.
3 (3)(a) All such records obtained by the state panel or any local or regional
4 panel or its agent in accordance with the provisions of this Subsection, as well as the
5 results of any child death investigation report, shall be confidential and shall not be
6 available for subpoena nor shall such information be disclosed, discoverable, or
7 compelled to be produced in any civil, criminal, administrative, or other proceeding
8 nor shall such records be deemed admissible as evidence in any civil, criminal,
9 administrative, or other tribunal or court for any reason.
10 (b) No information, document, or record obtained by the state panel or any
11 local or regional panel or its agent from the Department of Children and Family
12 Services involving a report which results in an inconclusive, not justified, or invalid
13 finding pursuant to Ch.C. Art. 615 shall be included or referenced in any manner in
14 any report or other document issued or published by or on behalf of the panel.
15 (2) (4) The furnishing of confidential information, documents, and reports
16 in accordance with this Section by any person, agency, or entity furnishing such
17 information, documents, and reports shall not expose such person, agency, or entity
18 to liability and shall not be considered a violation of any privileged or confidential
19 relationship, provided the participant has acted in good faith in the reporting as
20 required in this Section.
21 (3) (5) Nothing in this Subsection shall prohibit the publishing by the state
22 panel of statistical compilations relating to unexpected child deaths of infants and
23 children fourteen years of age or below the age of fifteen which do not identify
24 individual cases or individual physicians, hospitals, clinics, or other health care
25 healthcare providers.
26 G. Report. The state panel shall report to the legislature annually concerning
27 the causes of unexpected deaths of infants and children below the age of fourteen
28 fifteen. The report shall include analysis of factual information obtained through
29 review of death investigation reports required in Subsection D of this Section.
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1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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