Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S92 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1084 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 92
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 :Adam GomezHampden 1 of 7
16	16	SENATE DOCKET, NO. 1084 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 92
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 92) of Adam Gomez for legislation
19	19	relative to child fatality review. Children, Families and Persons with Disabilities.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to child fatality review.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1: Chapter 18C of the General Laws is hereby amended by adding the
29	29	2following section:
30	30	3 Section 15: (a) As used in this section the following words shall, unless the context
31	31	4clearly requires otherwise, have the following meanings:
32	32	5 “Child”, a person under the age of 18.
33	33	6 “Fatality”, a death of a child.
34	34	7 “Local team”, a local child fatality review team established in subsection (c).
35	35	8 “Near fatality”, an act that, as certified by a physician, places a child in serious or critical
36	36	9condition.
37	37	10 “State team”, the state child fatality review team established in subsection (b).
38	38	11 “Team”, the state or a local team. 2 of 7
39	39	12 “Office”, the office of the child advocate.
40	40	13 (b) There shall be a state child fatality review team within the office. Notwithstanding
41	41	14section 172 of chapter 6, members of the state team shall be subject to criminal offender record
42	42	15checks to be conducted by the colonel of state police on behalf of the child advocate. All
43	43	16members shall serve without compensation for their duties associated with membership on the
44	44	17state team.
45	45	18 The state team shall consist of not less than: (i) the child advocate, or designee, who shall
46	46	19serve as co-chair; (ii) the commissioner of public health, or designee, who shall serve as co-
47	47	20chair; (iii) the chief medical examiner, or designee; (iv) the attorney general, or designee; (v) the
48	48	21commissioner of children and families, or designee; (vi) the commissioner of elementary and
49	49	22secondary education, or designee; (vii) a representative selected by the Massachusetts District
50	50	23Attorneys Association; (viii) the colonel of state police, or designee; (ix) the commissioner of
51	51	24mental health, or designee; (x) the commissioner of developmental services, or designee; (xi) the
52	52	25director of the Massachusetts Center for Unexpected Infant and Child Death at Boston Medical
53	53	26Center, or designee; (xii) the commissioner of youth services, or designee; (xiii) the
54	54	27commissioner of early education and care, or designee; (xiv) a representative selected by the
55	55	28Massachusetts chapter of the American Academy of Pediatrics who has experience in diagnosing
56	56	29or treating child abuse and neglect; (xv) a representative selected by the Massachusetts Health
57	57	30and Hospital Association, Inc.; (xvi) the president of the Massachusetts Chiefs of Police
58	58	31Association Incorporated, or designee; and (xvii) any other person, selected by the co-chairs or
59	59	32by majority vote of the members of the state team, with expertise or information relevant to an
60	60	33individual case. The purpose of the state team shall be to decrease the incidence of preventable
61	61	34child fatalities and near fatalities by: (1) developing an understanding of the causes and incidence 3 of 7
62	62	35of child fatalities and near fatalities; and (2) advising the governor, the general court and the
63	63	36public by recommending changes in law, policy and practice to prevent child fatalities and near
64	64	37fatalities. The state team may consult with the chief justice of the juvenile court department of
65	65	38the trial court of the commonwealth on issues with a direct bearing upon the business of the
66	66	39Massachusetts courts.
67	67	40 To achieve its purpose, the state team shall: (i) develop model investigative and data
68	68	41collection protocols for local teams; (ii) provide information to local teams and law enforcement
69	69	42agencies for the purpose of protecting children; (iii) provide training and written materials to
70	70	43local teams to assist them in carrying out their duties; (iv) review reports from local teams; (v)
71	71	44study the incidence and causes of child fatalities and near fatalities in the commonwealth; (vi)
72	72	45analyze community, public and private agency involvement with the children and their families
73	73	46prior to and subsequent to fatalities or near fatalities; (vii) develop a protocol for the collection of
74	74	47data regarding fatalities and near fatalities and provide training to local teams on the protocol;
75	75	48(viii) develop and implement rules and procedures necessary for its own operation; and (ix)
76	76	49provide the governor, the general court and the public with annual written reports, subject to
77	77	50confidentiality restrictions, that shall include, but not be limited to, the state team’s findings and
78	78	51recommendations.
79	79	52 (c) There shall be a local child fatality review team in each district established under
80	80	53section 13 of chapter 12. Notwithstanding section 172 of chapter 6, members of a local team
81	81	54shall be subject to criminal offender record checks to be conducted by the district attorney. All
82	82	55members shall serve without compensation for their duties associated with membership on a
83	83	56local team. 4 of 7
84	84	57 Each local team shall include, but not be limited to: (i) the district attorney of the county,
85	85	58who shall serve as chair; (ii) the chief medical examiner or, designee; (iii) the commissioner of
86	86	59children and families or, designee; (iv) a pediatrician with experience in diagnosing or treating
87	87	60child abuse and neglect, appointed by the state team; (v) a local police officer from a
88	88	61municipality where a child fatality or near fatality occurred, appointed by the chief of police of
89	89	62the municipality; (vi) a state law enforcement officer, appointed by the colonel of state police;
90	90	63(vii) the director of the Massachusetts Center for Unexpected Infant and Child Death located at
91	91	64Boston Medical Center or a designee; (viii) at least 1 representative from the department of
92	92	65public health (ix) at least one representative from the office of the child advocate; and (x) any
93	93	66other person with expertise or information relevant to an individual case who may attend
94	94	67meetings, on an ad hoc basis, by agreement of the permanent members of each local team;
95	95	68provided that such person may include, but shall not be limited to, a local or state law
96	96	69enforcement officer, a hospital representative, a medical specialist or subspecialist, or a designee
97	97	70of the commissioners of developmental services, mental health, youth services, education and
98	98	71early education and care.
99	99	72 The purpose of each local team shall be to decrease the incidence of preventable child
100	100	73fatalities and near fatalities by: (i) coordinating the collection of information on fatalities and
101	101	74near fatalities; (ii) promoting cooperation and coordination between agencies responding to
102	102	75fatalities and near fatalities and in providing services to family members; (iii) developing an
103	103	76understanding of the causes and incidence of child fatalities and near fatalities in the county; and
104	104	77(iv) advising the state team on changes in law, policy or practice that may affect child fatalities
105	105	78and near fatalities. 5 of 7
106	106	79 To achieve its purpose, each local team shall: (i) review, establish and implement model
107	107	80protocols from the state team; (ii) review, subject to the approval of the local district attorney, all
108	108	81individual fatalities and near fatalities in accordance with the established protocols; (iii) meet
109	109	82periodically, not less than 2 times per calendar year, to review the status of fatality and near
110	110	83fatality cases and recommend methods of improving coordination of services between member
111	111	84agencies; (iv) collect, maintain and provide confidential data as required by the state team; and
112	112	85(v) provide law enforcement or other agencies with information to protect children.
113	113	86 At the request of the local district attorney, the local team shall be immediately provided
114	114	87with: (i) information and records relevant to the cause of the fatality or near fatality maintained
115	115	88by providers of medical or other care, treatment or services, including dental and mental health
116	116	89care; (ii) information and records relevant to the cause of the fatality or near fatality maintained
117	117	90by any state, county or local government agency including, but not limited to, birth certificates,
118	118	91medical examiner investigative data, parole and probation information records and law
119	119	92enforcement data post-disposition, except that certain law enforcement records may be exempted
120	120	93by the local district attorney; (iii) information and records of any provider of social services,
121	121	94including the department of children and families, relevant to the child or the child's family, that
122	122	95the local team deems relevant to the review; and (iv) demographic information relevant to the
123	123	96child and the child's immediate family, including, but not limited to, address, age, race, gender
124	124	97and economic status. The district attorney may enforce this paragraph by seeking an order of the
125	125	98superior court.
126	126	99 (d) Any privilege or restriction on disclosure established pursuant to chapter 66A, section
127	127	10070 of chapter 111, section 11 of chapter 111B, section 18 of chapter 111E, chapter 112, chapter
128	128	101123, section 20B, section 20J or section 20K of chapter 233 or any other law relating to 6 of 7
129	129	102confidential communications shall not prohibit the disclosure of this information to the chair of
130	130	103the state team or a local team. Any information considered to be confidential pursuant to the
131	131	104aforementioned statutes may be submitted for a team’s review upon the determination of that
132	132	105team’s chair that the review of this information is necessary. The chair shall ensure that no
133	133	106information submitted for a team’s review is disseminated to parties outside the team. No
134	134	107member of a team shall violate the confidentiality provisions set forth in the aforementioned
135	135	108statutes.
136	136	109 Except as necessary to carry out a team’s purpose and duties, members of a team and
137	137	110persons attending a team meeting shall not disclose any information relating to the team’s
138	138	111business.
139	139	112 Team meetings shall be closed to the public. Information and records acquired by the
140	140	113state team or by a local team pursuant to this chapter shall be confidential, exempt from
141	141	114disclosure under chapter 66 and may only be disclosed as necessary to carry out a team’s duties
142	142	115and purposes.
143	143	116 Statistical compilations of data that do not contain any information that would permit the
144	144	117identification of any person may be disclosed to the public.
145	145	118 (e) Members of a team, persons attending a team meeting and persons who present
146	146	119information to a team shall not be questioned in any civil or criminal proceeding regarding
147	147	120information presented in or opinions formed as a result of a team meeting.
148	148	121 (f) Information, documents and records of the state team or of a local team shall not be
149	149	122subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding;
150	150	123provided, however, that information, documents and records otherwise available from any other 7 of 7
151	151	124source shall not be immune from subpoena, discovery or introduction into evidence through
152	152	125these sources solely because they were presented during proceedings of a team or are maintained
153	153	126by a team.
154	154	127 (g) Nothing in this section shall limit the powers and duties of the child advocate or
155	155	128district attorneys.
156	156	129 SECTION 2. Section 2A of chapter 38 of the General Laws, as so appearing, is hereby
157	157	130repealed.
158	158	131 SECTION 3. Section 3 of said chapter 38, as so appearing, is hereby amended by adding
159	159	132the following paragraph:-
160	160	133 “The office shall immediately send any notification or report of a death under the
161	161	134circumstances enumerated in clause (15) to the state child fatality review team established by
162	162	135section 15 of chapter 18C, including, but not limited to, the known facts concerning the time,
163	163	136place, manner, circumstances and cause of such death. The chief medical examiner shall provide
164	164	137any additional information related to such notification or report to the state child fatality review
165	165	138team upon request.”