SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1999 SESSION

  • | print version

HB 2128 Child fatality review.

Introduced by: James H. Dillard II | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Child fatality review. Allows any local or regional law-enforcement agency, fire department, department of social services, emergency medical services, Commonwealth attorney’s office, or community services board to initiate a child fatality review team. Members of local or regional teams may be composed of named official positions within the localities and additional persons, not to exceed five, may be appointed by the chairperson. Each team establishes its own rules and procedures with technical assistance from the State Child Fatality Review Team. Reviews are contingent upon the completed review of any criminal investigation or consent by the attorney for the Commonwealth. All records reviewed, reports produced, and closed meetings are confidential and exempt from the Freedom of Information Act. Nonidentifying information, however, may be disclosed. Members of the teams and their agents or employees, as well as any organization, institution, or person who provided information, etc., are immune from civil liability for any act or omission unless such was the result of gross negligence or willful misconduct.

SUMMARY AS PASSED HOUSE:

Child fatality review. Allows any local or regional law-enforcement agency, fire department, department of social services, emergency medical services, Commonwealth attorney’s office, or community services board to initiate a child fatality review team. Members of local or regional teams may be composed of named official positions within the localities and additional persons, not to exceed five, may be appointed by the chairperson. Each team establishes its own rules and procedures with technical assistance from the State Child Fatality Review Team. Reviews are contingent upon the completed review of any criminal investigation or consent by the attorney for the Commonwealth. All records reviewed, reports produced, and closed meetings are confidential and exempt from the Freedom of Information Act. Nonidentifying information, however, may be disclosed. Members of the teams and their agents or employees, as well as any organization, institution, or person who provided information, etc., are immune from civil liability for any act or omission when such was the result of gross negligence or willful misconduct.

SUMMARY AS INTRODUCED:

Child fatality review. Establishes clear authority for the formation of local child fatality review teams and for local team access to confidential records. The local child fatality review team must be composed of nine designated members, including the local medical examiner, the local social services official or employee in charge of child protective services, the director of the relevant local or district health department, the person in charge of lawenforcement for the jurisdiction, the executive of the local department of social services, the local fire marshal, the attorney for the Commonwealth in the locality, the chief judge of the juvenile and domestic relations court, and the executive director of the local community services board or other local mental health agency. In addition, the chairperson who is elected from among the designated membership may appoint 10 members to represent public human services agencies, local public education agencies, and public safety agencies, and shall appoint representatives of local pediatricians, emergency medical services agencies and personnel, psychiatrists, and psychologists. This bill authorizes the chairperson of the relevant local team to access the information and records regarding a child whose death is being reviewed at the local level in the same manner as the Chief Medical Examiner is presently authorized to do for the State Child Fatality Review Team.