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