Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H162 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3350 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 162
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Finn
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to child fatality review.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Finn6th Hampden1/20/2023John Barrett, III1st Berkshire1/24/2023Susannah M. Whipps2nd Franklin1/25/2023Carol A. Doherty3rd Bristol2/3/2023Paul McMurtry11th Norfolk2/21/2023 1 of 9
16	16	HOUSE DOCKET, NO. 3350 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 162
18	18	By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 162) of
19	19	Michael J. Finn and others for legislation to establish a child fatality review team within the
20	20	Office of the Child Advocate. Children, Families and Persons with Disabilities.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to child fatality review.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1: Chapter 18C of the General Laws, as appearing in the 2020 Official
30	30	2Edition, is hereby amended by inserting after section 14 the following section:
31	31	3 Section 15: (a) As used in this section the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:
33	33	5
34	34	6 “Child”, a person under the age of 18.
35	35	7
36	36	8 “Fatality”, a death of a child.
37	37	9
38	38	10 “Local team”, a local child fatality review team established in subsection (c). 2 of 9
39	39	11
40	40	12 “Near fatality”, an act that, as certified by a physician, places a child in serious or critical
41	41	13condition.
42	42	14
43	43	15 “State team”, the state child fatality review team established in subsection (b).
44	44	16
45	45	17 “Team”, the state or a local team.
46	46	18
47	47	19 “Office”, the office of the child advocate.
48	48	20
49	49	21 (b) There shall be a state child fatality review team within the office. Notwithstanding
50	50	22section 172 of chapter 6, members of the state team shall be subject to criminal offender record
51	51	23checks to be conducted by the colonel of state police on behalf of the child advocate. All
52	52	24members shall serve without compensation for their duties associated with membership on the
53	53	25state team.
54	54	26
55	55	27 The state team shall consist of not less than: (i) the child advocate, or designee, who shall
56	56	28serve as co-chair; (ii) the commissioner of public health, or designee, who shall serve as co-
57	57	29chair; (iii) the chief medical examiner, or designee; (iv) the attorney general, or designee; (v) the 3 of 9
58	58	30commissioner of children and families, or designee; (vi) the commissioner of elementary and
59	59	31secondary education, or designee; (vii) a representative selected by the Massachusetts District
60	60	32Attorneys Association; (viii) the colonel of state police, or designee; (ix) the commissioner of
61	61	33mental health, or designee; (x) the commissioner of developmental services, or designee; (xi) the
62	62	34director of the Massachusetts Center for Unexpected Infant and Child Death at Boston Medical
63	63	35Center, or designee; (xii) the commissioner of youth services, or designee; (xiii) the
64	64	36commissioner of early education and care, or designee; (xiv) a representative selected by the
65	65	37Massachusetts chapter of the American Academy of Pediatrics who has experience in diagnosing
66	66	38or treating child abuse and neglect; (xv) a representative selected by the Massachusetts Health
67	67	39and Hospital Association, Inc.; (xvi) the president of the Massachusetts Chiefs of Police
68	68	40Association Incorporated, or designee; and (xvii) any other person, selected by the co-chairs or
69	69	41by majority vote of the members of the state team, with expertise or information relevant to an
70	70	42individual case. The purpose of the state team shall be to decrease the incidence of preventable
71	71	43child fatalities and near fatalities by: (1) developing an understanding of the causes and incidence
72	72	44of child fatalities and near fatalities; and (2) advising the governor, the general court and the
73	73	45public by recommending changes in law, policy and practice to prevent child fatalities and near
74	74	46fatalities. The state team may consult with the chief justice of the juvenile court department of
75	75	47the trial court of the commonwealth on issues with a direct bearing upon the business of the
76	76	48Massachusetts courts.
77	77	49
78	78	50 To achieve its purpose, the state team shall: (i) develop model investigative and data
79	79	51collection protocols for local teams; (ii) provide information to local teams and law enforcement
80	80	52agencies for the purpose of protecting children; (iii) provide training and written materials to 4 of 9
81	81	53local teams to assist them in carrying out their duties; (iv) review reports from local teams; (v)
82	82	54study the incidence and causes of child fatalities and near fatalities in the commonwealth; (vi)
83	83	55analyze community, public and private agency involvement with the children and their families
84	84	56prior to and subsequent to fatalities or near fatalities; (vii) develop a protocol for the collection of
85	85	57data regarding fatalities and near fatalities and provide training to local teams on the protocol;
86	86	58(viii) develop and implement rules and procedures necessary for its own operation; and (ix)
87	87	59provide the governor, the general court and the public with annual written reports, subject to
88	88	60confidentiality restrictions, that shall include, but not be limited to, the state team’s findings and
89	89	61recommendations.
90	90	62
91	91	63 (c) There shall be a local child fatality review team in each district established under
92	92	64section 13 of chapter 12. Notwithstanding section 172 of chapter 6, members of a local team
93	93	65shall be subject to criminal offender record checks to be conducted by the district attorney. All
94	94	66members shall serve without compensation for their duties associated with membership on a
95	95	67local team.
96	96	68
97	97	69 Each local team shall include, but not be limited to: (i) the district attorney of the county,
98	98	70who shall serve as chair; (ii) the chief medical examiner or, designee; (iii) the commissioner of
99	99	71children and families or, designee; (iv) a pediatrician with experience in diagnosing or treating
100	100	72child abuse and neglect, appointed by the state team; (v) a local police officer from a
101	101	73municipality where a child fatality or near fatality occurred, appointed by the chief of police of
102	102	74the municipality; (vi) a state law enforcement officer, appointed by the colonel of state police; 5 of 9
103	103	75(vii) the director of the Massachusetts Center for Unexpected Infant and Child Death located at
104	104	76Boston Medical Center or a designee; (viii) at least 1 representative from the department of
105	105	77public health (ix) at least one representative from the office of the child advocate; and (x) any
106	106	78other person with expertise or information relevant to an individual case who may attend
107	107	79meetings, on an ad hoc basis, by agreement of the permanent members of each local team;
108	108	80provided that such person may include, but shall not be limited to, a local or state law
109	109	81enforcement officer, a hospital representative, a medical specialist or subspecialist, or a designee
110	110	82of the commissioners of developmental services, mental health, youth services, education and
111	111	83early education and care.
112	112	84
113	113	85 The purpose of each local team shall be to decrease the incidence of preventable child
114	114	86fatalities and near fatalities by: (i) coordinating the collection of information on fatalities and
115	115	87near fatalities; (ii) promoting cooperation and coordination between agencies responding to
116	116	88fatalities and near fatalities and in providing services to family members; (iii) developing an
117	117	89understanding of the causes and incidence of child fatalities and near fatalities in the county; and
118	118	90(iv) advising the state team on changes in law, policy or practice that may affect child fatalities
119	119	91and near fatalities.
120	120	92
121	121	93 To achieve its purpose, each local team shall: (i) review, establish and implement model
122	122	94protocols from the state team; (ii) review, subject to the approval of the local district attorney, all
123	123	95individual fatalities and near fatalities in accordance with the established protocols; (iii) meet
124	124	96periodically, not less than 2 times per calendar year, to review the status of fatality and near 6 of 9
125	125	97fatality cases and recommend methods of improving coordination of services between member
126	126	98agencies; (iv) collect, maintain and provide confidential data as required by the state team; and
127	127	99(v) provide law enforcement or other agencies with information to protect children.
128	128	100
129	129	101 At the request of the local district attorney, the local team shall be immediately provided
130	130	102with: (i) information and records relevant to the cause of the fatality or near fatality maintained
131	131	103by providers of medical or other care, treatment or services, including dental and mental health
132	132	104care; (ii) information and records relevant to the cause of the fatality or near fatality maintained
133	133	105by any state, county or local government agency including, but not limited to, birth certificates,
134	134	106medical examiner investigative data, parole and probation information records and law
135	135	107enforcement data post-disposition, except that certain law enforcement records may be exempted
136	136	108by the local district attorney; (iii) information and records of any provider of social services,
137	137	109including the department of children and families, relevant to the child or the child's family, that
138	138	110the local team deems relevant to the review; and (iv) demographic information relevant to the
139	139	111child and the child's immediate family, including, but not limited to, address, age, race, gender
140	140	112and economic status. The district attorney may enforce this paragraph by seeking an order of the
141	141	113superior court.
142	142	114
143	143	115 (d) Any privilege or restriction on disclosure established pursuant to chapter 66A, section
144	144	11670 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter
145	145	117123, section 20B, section 20J or section 20K of chapter 233 or any other law relating to
146	146	118confidential communications shall not prohibit the disclosure of this information to the chair of 7 of 9
147	147	119the state team or a local team. Any information considered to be confidential pursuant to the
148	148	120aforementioned statutes may be submitted for a team’s review upon the determination of that
149	149	121team’s chair that the review of this information is necessary. The chair shall ensure that no
150	150	122information submitted for a team’s review is disseminated to parties outside the team. No
151	151	123member of a team shall violate the confidentiality provisions set forth in the aforementioned
152	152	124statutes.
153	153	125
154	154	126 Except as necessary to carry out a team’s purpose and duties, members of a team and
155	155	127persons attending a team meeting shall not disclose any information relating to the team’s
156	156	128business.
157	157	129
158	158	130 Team meetings shall be closed to the public. Information and records acquired by the
159	159	131state team or by a local team pursuant to this chapter shall be confidential, exempt from
160	160	132disclosure under chapter 66 and may only be disclosed as necessary to carry out a team’s duties
161	161	133and purposes.
162	162	134
163	163	135 Statistical compilations of data that do not contain any information that would permit the
164	164	136identification of any person may be disclosed to the public.
165	165	137 8 of 9
166	166	138 (e) Members of a team, persons attending a team meeting and persons who present
167	167	139information to a team shall not be questioned in any civil or criminal proceeding regarding
168	168	140information presented in or opinions formed as a result of a team meeting.
169	169	141
170	170	142 (f) Information, documents and records of the state team or of a local team shall not be
171	171	143subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding;
172	172	144provided, however, that information, documents and records otherwise available from any other
173	173	145source shall not be immune from subpoena, discovery or introduction into evidence through
174	174	146these sources solely because they were presented during proceedings of a team or are maintained
175	175	147by a team.
176	176	148
177	177	149 (g) Nothing in this section shall limit the powers and duties of the child advocate or
178	178	150district attorneys.
179	179	151
180	180	152 SECTION 2. Section 2A of chapter 38 of the General Laws, as so appearing, is hereby
181	181	153repealed.
182	182	154
183	183	155 SECTION 3. Section 3 of said chapter 38, as so appearing, is hereby amended by adding
184	184	156the following paragraph:-
185	185	157 9 of 9
186	186	158 “The office shall immediately send any notification or report of a death under the
187	187	159circumstances enumerated in clause (15) to the state child fatality review team established by
188	188	160section 15 of chapter 18C, including, but not limited to, the known facts concerning the time,
189	189	161place, manner, circumstances and cause of such death. The chief medical examiner shall provide
190	190	162any additional information related to such notification or report to the state child fatality review
191	191	163team upon request.”