Current Status Introducing Body:House Bill Number:3741 Primary Sponsor:Cobb-Hunter Committee Number:27 Type of Legislation:GB Subject:Child Fatality Review and Prevention Act Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Companion Bill Number:567 Computer Document Number:436/11126AC.93 Introduced Date:19930318 Last History Body:House Last History Date:19930318 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cobb-Hunter Fair Waites Harrelson Moody-Lawrence Hines Allison Vaughn Barber Neilson R. Smith Holt Shissias Inabinett Mattos Kinon Davenport Wells Byrd Cato Beatty Harwell Stone Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3741 House 19930318 Introduced, read first time, 27
referred to Committee
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TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.
Whereas, it is the policy of this State that every child is entitled to live in safety and in health and to survive into adulthood; and
Whereas, it is estimated that nine hundred fifty-eight children under the age of eighteen died in 1991 in this State; approximately twenty-one of those deaths were from child abuse or neglect; and approximately two hundred eighteen of those deaths were from homicide, accidents, and other preventable causes; and
Whereas, from 1988 to 1991 there has been a thirty-two percent increase in the number of child deaths caused by abuse or neglect and this steady growth in the number of children whose deaths are due to abuse and neglect is coupled with a disturbing trend of increasing violence toward younger children; and
Whereas, there are concerns about the adequacy of efforts in this State to identify deaths which may be from child abuse or other preventable causes, to obtain and maintain statistics on child mortality, to provide services to surviving family members, to appropriately use the criminal justice system, and to develop and implement measures to prevent future child deaths; and
Whereas, no one state or local agency is responsible for the failure of these efforts, as multiple agencies and officials have responsibilities for responding to child deaths and for the services and programs which could prevent future child deaths; and
Whereas, multi-disciplinary and multi-agency child death review teams, improved agency responses, and enhanced public awareness are methods of achieving the state policy and appropriate goals for this State; and
Whereas, prompt and correct identification of the cause of a child's death can help alleviate the suffering of the parent who is not responsible for that death; and
Whereas, persons who are responsible for the deaths of children should be held accountable for their actions in the appropriate criminal and civil proceedings; and
Whereas, confidentiality requirements of public agencies and others with information regarding deceased children and their families should not deter the exchange of information concerning the child within a multi-disciplinary and multi-agency review process, so long as there are protections against disclosures outside of the review; and
Whereas, this State recognizes that our children are our greatest resource, and we are willing to take all necessary measures to preserve the futures of our children. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Child Fatality Review and Prevention Act".
SECTION 2. It is the policy of this State that:
(1) Every child is entitled to live in safety and in health and to survive into adulthood;
(2) Responding to child deaths is a state and a community responsibility;
(3) When a child dies, the response by the State and the community to the death must include an accurate and complete determination of the cause of death, the provision of services to surviving family members, and the development and implementation of measures to prevent future deaths from similar causes and may include court action, including prosecution of persons who may be responsible for the death and family court proceedings to protect other children in the care of the responsible person;
(4) Professionals from disparate disciplines and agencies who have responsibilities for children and expertise that can promote child safety and well-being should share their expertise and knowledge toward the goals of determining the causes of children's deaths, planning and providing services to surviving children and nonoffending family members, and preventing future child deaths;
(5) A greater understanding of the incidence and causes of child deaths is necessary if the State is to prevent future child deaths;
(6) Multi-disciplinary and multi-agency reviews of child deaths can assist the State in the investigation of child deaths, in the development of a greater understanding of the incidence and causes of child deaths and the methods for preventing such deaths, and in identifying gaps in services to children and families;
(7) Access to information regarding deceased children and their families by multi-disciplinary and multi-agency child fatality review teams is necessary for such teams to achieve their purposes and duties; and
(8) Competent investigative services must be sensitive to the needs of South Carolina's children and their families and not unnecessarily intrusive and should be achieved through training, awareness, and technical assistance.
SECTION 3. Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-5900. For purposes of this article:
(1) `Child' means a person under eighteen years of age.
(2) `Local child protective services agency' means the county department of social services for the jurisdiction where a deceased child resided.
(3) `Meeting' means both in-person meetings and meetings through telephone conferencing.
(4) `Preventable death' means a death which reasonable medical, social, legal, psychological, or educational intervention may have prevented.
(5) `Provider of medical care' means a health practitioner who provides, or a facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment.
(6) `State Team' or `team' means the State Child Fatality Review Team.
(7) `Working day' means Monday through Friday, excluding official state holidays.
(8) `Unexpected death' includes all child deaths which, before investigation, appear possibly to have been caused by trauma, suspicious or obscure circumstances, or child abuse or neglect.
Section 20-7-5910. (A) There is created within the Center for Family in Society, University of South Carolina, the State Fatality Review Team.
(B) The State Team is a multi-disciplinary review team, composed of:
(1) the Commissioner of the Department of Social Services;
(2) the Commissioner of the Department of Health and Environmental Control;
(3) the State Superintendent of Education;
(4) the Executive Director of the South Carolina Criminal Justice Academy;
(5) the Chief of the State Law Enforcement Division;
(6) the Commissioner of the South Carolina Commission on Alcohol and Drug Abuse;
(7) the Commissioner of the State Department of Mental Health;
(8) the Commissioner of the State Department of Mental Retardation;
(9) the Commissioner of the Department of Youth Services;
(10) an attorney with experience in prosecuting crimes against children;
(11) a county coroner or medical examiner;
(12) a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics;
(13) a forensic pathologist; and
(14) two members of the public at-large.
Those state agency members in items (1)-(9) shall serve ex officio and may appoint a designee to serve in their place from their particular departments or agencies who have administrative or program responsibilities for children and family services. The remaining members, including the coroner or medical examiner who shall serve ex officio, must be appointed by the Governor for terms of four years and until their successors are appointed and qualify.
(C) A chairman and vice-chairman of the State Team must be elected from among the members by a majority vote of the membership for a term of two years.
(D) Meetings of the State Team must be held at least quarterly. A majority of the State Team constitutes a quorum.
(E) Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article.
Section 20-7-5920. (A) The purpose of the State Team is to decrease the incidence of preventable child deaths by:
(1) developing an understanding of the causes and incidence of child deaths;
(2) developing plans for and implementing changes within the agencies represented on the team which will prevent child deaths; and
(3) advising the Governor and the General Assembly on statutory, policy, and practice changes which will prevent child deaths.
(B) To achieve its purpose, the State Team shall:
(1) undertake annual statistical studies of the incidence and causes of child fatalities in this State. The studies shall include an analysis of community and public and private agency involvement with the decedents and their families before and subsequent to the deaths;
(2) upon receipt of a report from the county medical examiner or coroner of an unexpected child death as required by Sections 17-5-140 and 17-5-265, the chairman of the State Team shall notify all members of the team and provide all known identifying information on the child and family and on the cause of and circumstances surrounding the death;
(3) upon receipt of the notification required by item (2), state team members shall review their agency's records for information regarding the deceased child or family. Information available to the State Team pursuant to Section 20-7-5930 and information which is public under Chapter 4, Title 30, the Freedom of Information Act, must be shared immediately with the county coroner or medical examiner and county department of social services.
(4) the State Team shall meet no later than one month after notification by the county medical examiner or coroner required by Section 17-5-140 or 17-5-265. The purpose of the meeting is to review the investigation of the death by sharing information regarding the child and family contained in the records of agencies represented on the team. The responsibilities for members of the team and dates for subsequent meetings regarding the child or family must be established at the meeting.
(5) develop a protocol for child fatality reviews;
(6) develop a protocol for the collection of data regarding child deaths and provide training to local professionals delivering services to children, county coroners and medical examiners, and law enforcement on the use of the protocol;
(7) undertake a study of the operations of local investigations of child fatalities, including the statutes, regulations, policies and procedures of the agencies involved with children's services and child death investigation. The State Team shall consider training, including cross-agency training, consultation, technical assistance needs, and service gaps. If the State Team determines that changes to any statute, regulation, policy, or procedure is needed to decrease the incidence of preventable child deaths, the team shall take prompt steps to develop and implement these changes to regulations, policies, and procedures and shall include proposals for changes to statutes in the team's annual report;
(8) examine confidentiality and access to information statutes, regulations, policies, and procedures for agencies with responsibilities for children including, but not limited to, health, public welfare, education, social services, mental health, alcohol and other substance abuse, and law enforcement agencies and determine whether those statutes, regulations, policies, or procedures impede the exchange of information necessary to protect children from preventable deaths. If the State Team identifies a statute, regulation, policy, or procedure that impedes the necessary exchange of information, the team shall notify the relevant state agencies and these agencies shall take prompt steps to develop and implement the identified changes to regulations, policies, and procedures and the State Team shall include proposals for changes to statutes in the team's annual report;
(9) educate the public regarding the incidence and causes of child deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent child deaths. The State Team shall enlist the support of civic, philanthropic, and public service organizations in performing the team's education duties;
(10) develop and implement policies and procedures for its own governance and operation;
(11) submit to the Governor and the General Assembly, an annual written report and any other reports prepared by the State Team including, but not limited to, the State Team's findings and recommendations. Annual reports must be made available to the public.
Section 20-7-5930. Upon request of the chairman of the State Team and as necessary to carry out the State Team's purpose and duties, the State Team immediately must be provided:
(1) by a provider of medical care, access to information and records regarding a child whose death is being reviewed by the State Team, including information on prenatal care;
(2) access to all information and records maintained by any state, county, or local government agency including, but not limited to, birth certificates, law enforcement investigation data, county coroner or medical examiner investigation data, parole and probation information and records, and information and records of social services and health agencies that provided services to the child or family.
Section 20-7-5940. When necessary in the discharge of the duties of the State Team and upon application of the team, the circuit court shall issue a subpoena or subpoena duces tecum to any state, county, or local agency, board, or commission or to any representative of any state, county, or local agency, board, or commission or to a provider of medical care to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to the discharge of the team's duties. Failure to obey a subpoena or subpoena duces tecum issued pursuant to this section may be punished as contempt.
Section 20-7-5950. (A) Meetings of the State Team are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the State Team is discussing individual cases of child deaths.
(B) Except as provided in subsection (C), meetings of the State Team are open to the public and subject to the Freedom of Information Act when the State Team is not discussing individual cases of child deaths.
(C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.
(D) Nothing in this section may be construed to prevent the State Team from requesting the attendance at a team meeting of a person who has information relevant to the team's exercise of its purpose and duties.
(E) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
Section 20-7-5960. (A) All information and records acquired by the State Team in the exercise of its purpose and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the team's duties and purpose.
(B) Statistical compilations of data which do not contain information that would permit the identification of a person to be ascertained are public records.
(C) Reports of the State Team which do not contain information that would permit the identification of a person to be ascertained are public information.
(D) Except as necessary to carry out the State Team's purpose and duties, members of the team and persons attending the team meeting may not disclose what transpired at a meeting which is not public under Section 20-7-5940 and may not disclose information the disclosure of which is prohibited by this section.
(E) Members of the State Team, persons attending a team meeting, and persons who present information to the State Team may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the team or which is public information.
(F) Information, documents, and records of the State Team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by the team.
(G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more the six months, or both."
SECTION 4. The 1976 Code is amended by adding:
"Section 17-5-140. The county coroner shall immediately notify the chairman of the State Team when a child dies in any county of the State:
(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected or unexplained."
SECTION 5. The 1976 Code is amended by adding:
"Section 17-5-265. The county medical examiner shall immediately notify the chairman of the State Team when a child dies in any county of the State:
(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected or unexplained."
SECTION 6. The 1976 Code is amended by adding:
"Section 17-5-150. If the home or premises last inhabited by a child is not the scene of the death of a child, the coroner, while conducting an investigation of the death, may petition the circuit court of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The circuit court shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."
SECTION 7. The 1976 Code is amended by adding:
"Section 17-5-275. If the home or premises last inhabited by a child is not the scene of the death of a child, the medical examiner, while conducting an investigation of the death, may petition the circuit court of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The circuit court shall issue the inspection warrant upon probable cause to believe that events in the home or premises may have contributed to the death of the child."
SECTION 8. Section 20-7-490(B) of the 1976 Code is amended to read:
"(B) `Abused or neglected child' means a child whose death results from or whose physical or mental health or welfare is harmed or threatened with harm, as defined by items (C) and (D) of this Section, by the acts or omissions of his parent, guardian, or other person responsible for his welfare."
SECTION 9. Section 20-7-510(A) of the 1976 Code is amended to read:
"(A) Any physician, nurse, dentist, optometrist, medical examiner or coroner, or employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health or allied health professional, Christian Science Practitioner, religious healer, school teacher or counselor, social or public assistance worker, child care worker in any day care center or child caring institution, police or law enforcement officer, undertaker, funeral home director, or employee of a funeral home, or any judge having reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect is required to report or cause a report to be made in accordance with this section."
SECTION 10. Section 20-7-690(C) of the 1976 Code, as last amended by Act 441 of 1988, is further amended by adding appropriately numbered items to read:
"( ) County medical examiners or coroners who are investigating the death of a child in accordance with Section 17-5-140, 17-5-150, or 17-5-265; and
( ) The State Team in accordance with the exercise of its purpose and duties pursuant to Article 26, Chapter 7, Title 20."
SECTION 11. Section 44-63-110 of the 1976 Code, as last amended by Act 341 of 1988, is further amended to read:
"Section 44-63-110. For making, furnishing, or certifying any card, certificate, or certified copy of the record, for filing a record amendment according to the provisions of Section 44-63-60, 44-63-80, 44-63-90, or 44-63-100, or for searching the record, when no card, certificate, or certified copy is made, a fee in an amount as determined by the Board of Health and Environmental Control must be paid by the applicant. The amount of the fee established by the board may not exceed the cost of the services performed and to the extent possible must be charged on a uniform basis throughout the State. However, a two dollar surcharge must be added to the fee amount for an original death certificate as determined by the Board of Health and Environmental Control and the surcharge must be remitted to the General Fund and appropriated for the use of the State Child Fatality Review Team. When verification of the facts contained in these records is needed for Veterans' Administration purposes in connection with a claim, it must be furnished without charge to the South Carolina Department of Veterans' Affairs or to a county veterans' affairs officer upon request and upon the furnishing of satisfactory evidence that the request is for the purpose authorized in this chapter."
SECTION 12. The State Fatalities Review Team, created in Section 20-7-5910, as contained in Section 3 of this act, shall hold its first meeting within one month of this act's effective date.
SECTION 13. The Department of Social Services shall transfer all funds and positions related to the child fatality review process in that agency to the Center for Family in Society, the University of South Carolina, to be used as staff support for the State Team.
SECTION 14. This act takes effect upon approval by the Governor.