H. B. 2410
(By Delegates Wills, Givens and
Schadler)
[Introduced February 21, 2001; referred
to the
Committee on the Judiciary.]
A BILL to amend and reenact section five, article five-d, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the child fatality
review team; providing required members of the team; defining
the purposes of the team; restricting the authority of the
team; providing that certain records and findings of the team
are confidential; and providing that members of the team are
not subject to subpoena.
Be it enacted by the Legislature of West Virginia:
That section five, article five-d, chapter forty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5D. MULTIDISCIPLINARY TEAMS.
§49-5D-5. Child fatality review team.
(a) The state child fatality review team is hereby established
under the office of medical examinations the chief medical
examiner. The child review fatality team is which shall be a multidisciplinary team created to review the deaths of children
under the age of eighteen years as provided for in this section.
(b) It shall include among its membership The child fatality
review team is to consist of the following members, appointed by
the governor, to serve three-year terms:
(1) The state chief medical examiner, who shall is to serve as
the chairperson of the state child fatality review team;
(2) One Two prosecuting attorney attorneys or his or her
designee their designees;
(3) The state superintendent of the West Virginia state police
or his or her designee;
(4) One law-enforcement official other than a member of the
West Virginia state police;
(5) One child protective services worker currently employed in
investigating reports of child abuse or neglect;
(6) One health care provider physician, specializing in the
practice of pediatric medicine or family medicine; and
(7) One physician, specializing in the practice of pediatric
critical care medicine;
(8) One social worker who may be employed in the area of
public health;
(9) The director of the office of maternal and child health of
the department of health and human resources or his or her
designee;
(10) One representative of the sudden infant death syndrome
program of the office of maternal and child health;
(11) The director of the division of children's mental health
services of the office of behavioral health services or his or her
designee;
(12) The director of the office of social services of the
department of health and human resources or his or her designee;
(13) The superintendent of the department of education or his
or her designee;
(14) The director of the division of juvenile services or his
or her designee; and
(15) The president of the West Virginia association of school
nurses or his or her designee.
(c) Members of the state child fatality review team shall,
unless sooner removed, continue to serve until their respective
terms expire and until their successors have been appointed and
have qualified.
(d) Each appointment of a prosecuting attorney, whether for a
full term or to fill a vacancy, shall is to be made by the governor
from among three nominees therefor selected by the West Virginia
prosecuting attorneys institute. Each appointment of a law-
enforcement officer, whether for a full term or to fill a vacancy,
shall is to be made by the governor from among three nominees
therefor selected by the state fraternal order of police or the West Virginia deputy sheriff's association. Each appointment of a
child protective services worker and a social worker, whether for
a full term or to fill a vacancy, shall is to be made by the
governor from among three nominees therefor selected by the West
Virginia social work licensing board. Each appointment of a
physician, whether for a full term or to fill a vacancy, shall is
to be made by the governor from among three nominees therefor
selected by the West Virginia state medical association or the West
Virginia academy of pediatrics. When an appointment is for a full
term, the nomination shall is to be submitted to the governor not
later than eight months prior to the date on which the appointment
shall is to become effective. In the case of an appointment to
fill a vacancy, such the nominations shall are to be submitted to
the governor within thirty days after the request for the
nomination has been made by the governor to the chairperson or
president of the organization. When an association fails to submit
to the governor nominations for the appointment in accordance with
the requirements of this section, the governor may make the
appointment without nominations.
(e) Each member of the state child fatality review team shall
serve without additional compensation and may not be reimbursed for
any expenses incurred in the discharge of the his or her duties
under the provisions of this article.
(b) (f) The state child fatality review team shall, pursuant to the provisions of chapter twenty-nine-a, promulgate rules
applicable to the following:
(1) The standard procedures for the establishment, formation
and conduct of the state child fatality review team;
(2) Guidelines for hospitals, physicians and other health-care
providers to utilize in order to report the deaths of children to
the state child fatality review team; and
(3) (2) Recommend protocols for the review of child fatalities
where other than natural causes are suspected.
(c) (g) The child fatality review team shall:
(1) Review all deaths of children under the age of eighteen
years who are residents of this state in order to identify trends,
patterns and risk factors;
(2) Provide statistical analysis regarding the causes of child
fatalities in West Virginia;
(3) Promote public awareness of the incidence and causes of
child fatalities, including recommendations for the their
reduction; and
(4) Provide training for state agencies and local
multidisciplinary teams.
(h) The state child fatality review team shall submit an
annual report to the governor and to the Legislature concerning its
activities and the incidents of child fatalities within the state.
The first such report shall be is due on the first day of July, one thousand nine hundred ninety-seven. Thereafter, a report shall be
due annually on the first day of July December. The report shall
is to include statistics setting forth the number of child
fatalities, identifiable trends in child fatalities in the state,
including possible causes, if any, and recommendations to reduce
the number of preventable child fatalities in the state. Such
statistical analysis may include information regarding the causes
of child fatalities in the state. The report shall is to also
include the number of children whose deaths have been determined to
have been unexpected or unexplained and whether court proceedings
regarding criminal prosecution have commenced.
(d) (i) The A local multidisciplinary investigative team
created pursuant to the provisions of section two of this article
shall review all cases referred to the team it pursuant to the
provisions of that section: Provided, That a local
multidisciplinary investigative team may refer any or all cases for
review of deaths to the state multidisciplinary child fatality
review team. Further, the The local multidisciplinary
investigative team shall provide all information to the state child
fatality review team necessary for the state child fatality review
team to create and submit any report required by this section.
(j) The child fatality review team, in the exercise of its
duties as defined in this section, may not:
(1) Call witnesses or take testimony from individuals involved in the investigation of a child fatality;
(2) Contact a family member of the deceased child, except if
a member of the team is involved in the investigation of the death
and must contact a family member in the course of performing his or
her duties outside of the team; or
(3) Enforce any public health standard or criminal law or
otherwise participate in any legal proceeding, except if a member
of the team is involved in the investigation of the death or
resulting prosecution and must participate in a legal proceeding in
the course of performing in his or her duties outside of the team.
(e) (k) All information and records acquired by the state team
or by a local team in the exercise of its purpose and duties
pursuant to this article shall be confidential. For purposes of
this section, the term confidential shall be defined consistent
with the definition set forth in section one, article seven,
chapter forty-nine of this code. Proceedings, records and opinions
of the child fatality review team are not subject to discovery,
subpoena or introduction into evidence in any civil or criminal
proceeding. Nothing in this subsection is to be construed to limit
or restrict the right to discover or use in any civil or criminal
proceeding anything that is available from another source and
entirely independent of the proceedings of the child fatality
review team.
(l) Members of the child fatality review team may not be questioned in any civil or criminal proceeding regarding
information presented in or opinions formed as a result of a
meeting of the team. Nothing in this subsection may be construed
to prevent a member of the child fatality review team from
testifying to information obtained independently of the team or
which is public information.
NOTE: The purpose of this bill is to clarify the purposes and
duties of the team and provide protection from subpoena for
documents held by the team and for members of the team regarding
their service for the team.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended by the Joint Standing Committee on
the Judiciary for introduction and passage at the 2001 legislative
session.