Relating to the use of information and records acquired during a fatality review and investigation.
Impact
The bill's implications are significant for the conduct of civil and criminal proceedings in Texas. By establishing that reviewed documents and records are exempt from being subpoenaed, it protects sensitive information, potentially impacting the ability of legal parties to access certain evidence. This change applies to any civil or criminal proceedings initiated after the act's effective date, which is set for September 1, 2009. Pre-existing cases before this date will continue to be governed by previous law, maintaining continuity for ongoing legal contexts.
Summary
SB1872 aims to modify the use of information and records gathered during fatality reviews and investigations. Specifically, the bill introduces a new provision in the Health and Safety Code that ensures any information, documents, and records identified as confidential will not be subject to subpoena or discovery. This means such information cannot be introduced in any civil or criminal proceedings, thereby strengthening confidentiality protections for sensitive data obtained through these reviews.
Contention
Notably, while the bill aims to bolster confidentiality, this can lead to concerns regarding transparency and the ability to challenge findings from fatality reviews. By limiting access to such information, critics may argue that it could handicap legal proceedings, particularly in cases where such evidence might be crucial for establishing accountability or wrongdoing. Thus, discussions around this bill may raise important questions about the balance between confidentiality in sensitive situations and the rights of litigants to access evidence relevant to their cases.
Relating to policies and procedures regarding certain suits affecting the parent-child relationship, investigations by the Department of Family and Protective Services, and parental child safety placements.
Relating to investigations of child abuse and neglect and the procedures for adding names to or removing names from the central registry of child abuse and neglect.
Relating to the protection of personally identifiable student information and the use of covered information by an operator or educational entity; authorizing a civil and administrative penalty.