2016 -- H 8069 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,

YOUTH AND FAMILIES

     

     Introduced By: Representatives Ruggiero, McNamara, Tanzi, Carson, and McKiernan

     Date Introduced: April 13, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-4-3 of the General Laws in Chapter 23-4 entitled "Office of

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State Medical Examiners" is hereby amended to read as follows:

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     23-4-3. Functions. -- The office of state medical examiners shall be responsible for:

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      (1) The investigation of deaths within the state that in its judgment might reasonably be

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expected to involve causes of death enumerated in this chapter;

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      (2) For the conduct of inquests when requested by the attorney general;

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      (3) For the performance of autopsies, including the retention, examination and

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appropriate disposal of tissue, when appropriate, for deaths which in its judgment might

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reasonably be expected to involve causes of deaths enumerated in this chapter;

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      (4) For the written determination of the causes of death investigated pursuant to this

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chapter;

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      (5) For the presentation to the courts of Rhode Island of expert testimony relating to the

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cause of death;

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      (6) For the keeping of complete records, including names, places, circumstances, and

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causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the

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attorney general and of which written determinations of causes of death shall be made available

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for public inspection;

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      (7) For the burial of bodies for which there is no other existing legal responsibility to do

 

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so; and

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      (8) For the development and enforcement of procedures for the pronouncement of death

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and for the transplantation of organs from bodies of persons who have died within the state. ; and

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      (9) For a multi-disciplinary team review of child fatalities with the goal to decrease the

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prevalence of preventable child deaths and report recommendations for community and systems

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intervention strategies. A child death review team shall include, but is not limited to,

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representation from state agencies, health care, child welfare, and law enforcement.

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     (10) The department shall work with the department of children, youth and families and

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the office of the child advocate to develop a process to ensure the timely availability of autopsy

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reports on child deaths.

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     SECTION 2. Section 42-72-8 of the General Laws in Chapter 42-72 entitled “Department

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of Children, Youth, and Families” is hereby amended to read as follows:

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     42-72-8. Confidentiality of records. -- (a) Any records of the department pertaining to

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children and their families in need of service pursuant to the provisions of this chapter; or for

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whom an application for services has been made, shall be confidential and only disclosed as

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provided by law.

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     (b) Records may be disclosed when necessary:

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     (1) To individuals, or public or private agencies engaged in medical, psychological or

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psychiatric diagnosis or treatment or education of the person under the supervision of the

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department;

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     (2) To individuals or public or private agencies for the purposes of temporary or

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permanent placement of the person, and when the director determines that the disclosure is

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needed to accomplish that placement including any and all health care information obtained by

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the department in accordance with the provisions of chapter 5-37.3 of the general laws and

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applicable federal laws and regulations;

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     (3) When the director determines that there is a risk of physical injury by the person to

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himself or herself or others, and that disclosure of the records is necessary to reduce that risk;

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     (4) To the family court including periodic reports regarding the care and treatment of

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children; provided, that if a child is represented by a guardian ad litem or attorney, a copy of the

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family court report will be made available to the guardian ad litem or attorney prior to its

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submission;

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     (5) To inform any person who made a report of child abuse or neglect pursuant to § 40-

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11-3, whether services have been provided the child as a result of the report; provided, however,

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that no facts or information shall be released pursuant to this subsection other than the fact that

 

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services have been or are being provided;

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     (6) To permit access to computer records relating to child abuse and neglect

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investigations by physicians who are examining a child when the physician believes that there is

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reasonable cause to suspect that a child may have been abused or neglected;

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     (7) To the office of the department of attorney general upon the request of the attorney

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general or assistant attorney general when the office is engaged in the investigation of or

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prosecution of criminal conduct by another relating to the child or other children within the same

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family unit;

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     (8) To the department of corrections in the case of an individual who has been transferred

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to the jurisdiction of that department pursuant to the provisions of § 14-1-7.3 "certification" or §

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14-1-7.1 "waiver of jurisdiction"; and

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     (9) To the office of the department of the attorney general upon the request of the

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attorney general or assistant attorney general when the office is engaged in the investigation of or

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prosecution of criminal conduct as defined in § 40-11-3.2.

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     (10) To individuals employed by a state or county child welfare agency outside of Rhode

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Island when the director determines that the information is needed to ensure the care, protection

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and/or treatment of any child; provided, however, any records relating to allegations previously

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determined to be unfounded, unsubstantiated, or not indicated shall not be disclosed.

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     (11) Whenever a person previously under the supervision of the training school becomes

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subject to the jurisdiction of the department of corrections as an adult offender, the director of

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corrections or his or her designee shall receive, upon request, the portions of the person's training

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school records limited to the escape history, disciplinary record, and juvenile classification

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history.

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     (12) In an administrative hearing held pursuant to § 42-35-9, the records, or exact copies

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of the records, shall be delivered to the administrative hearing officer pursuant to a written

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request by one of the parties, and shall be delivered to the party making the request or shall be

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reviewed in camera by the administrative hearing officer for purposes of making a determination

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of relevancy to the merits of the administrative matter pending before the hearing officer, as the

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hearing officer may direct. If the records or a portion are relevant to the matter, those records may

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be viewed and/or copied by counsel of record, at the expense of the party requesting the records.

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The records shall not be disseminated in any form beyond the parties, counsel of record and their

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agents, and any experts, except as otherwise specifically authorized by the hearing officer, and

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provided further that at the conclusion of the action, the records shall be sealed.

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     (13) In a criminal or civil action, the records, or exact copies of the records, shall be

 

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delivered to a court of proper jurisdiction pursuant to a subpoena duces tecum, properly issued by

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one of the parties, and shall be delivered to the party issuing the subpoena or shall be reviewed in

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camera by the trial justice for purposes of making a determination of relevancy to the merits of

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the civil or criminal action pending before the court, as the court may direct. If the records or a

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portion are relevant to the civil or criminal action, those records may be viewed and/or copied by

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counsel of record, at the expense of the party requesting the records. The court shall issue a

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protective order preventing dissemination of the records in any form beyond the parties, counsel

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of record and their agents, and any experts, except as otherwise specifically authorized by the

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court, and provided further that at the conclusion of the action, all records shall be sealed.

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     (c) The director may disclose the findings or other information about a case as the

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director deems necessary in a case of child abuse or neglect which has resulted in a child fatality

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or near fatality. Disclosure required. (1) The director shall notify the Office of the Child Advocate

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verbally and electronically in writing within 48 hours of a confirmed fatality or near fatality of a

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child that is the subject of a DCYF case. The department shall provide the Office of the Child

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Advocate with access to any written material about the case. For purposes of this chapter, "near

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fatality" shall mean a child in serious or critical condition as certified by a physician as a result of

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abuse, neglect, self-harm or other unnatural causes.

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     (2) The director shall make public disclosure of a confirmed fatality or near fatality of a

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child that is the subject of a DCYF case within 48 hours of confirmation, provided disclosure of

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such information is in general terms and does not jeopardize a pending criminal investigation;

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     (3) The director shall disclose to the office of the child advocate information, within five

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(5) days of completion of the department's investigation when there is a substantiated finding of

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child abuse or neglect that resulted in a child fatality or near fatality. The department may

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disclose the same information to the office of the attorney general and other entities allowable

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under 42 U.S.C. §5106a.

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     (4) The information which must be disclosed in accordance with §42-72-8(c)(3) includes:

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     (i) A summary of the report of abuse or neglect and a factual description of the contents

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of the report;

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     (ii) The date of birth and gender of the child;

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     (iii) The date that the child suffered the fatality or near fatality;

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     (iv) The cause of the fatality or near fatality, if such information has been determined;

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     (v) Whether the department of children, youth, and families or a court appointed special

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advocate had any contact with the child before the fatality or near fatality and, if so:

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     (A) The frequency of any contact or communication with the child or a member of the

 

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child's family or household before the fatality or near fatality and the date on which the last

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contact or communication occurred before the fatality or near fatality;

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     (B) Whether the department provided any child welfare services to the child or to a

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member of the child's family or household before or at the time of the fatality or near fatality.

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     (C) Whether the department made any referrals for child welfare services for the child or

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for a member of the child's family or household before or at the time of the fatality or near

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fatality;

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     (D) Whether the department took any other action concerning the welfare of the child

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before or at the time of the fatality or near fatality; and

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     (E) A summary of the status of the child's case at the time of the fatality or near fatality,

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including, without limitation, whether the child's case was closed by the department before the

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fatality or near fatality and if so, the reasons why the case was closed; and

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     (vi) Whether the department, in response to the fatality or near fatality:

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     (A) Has provided or intends to provide and/or make a referral for child welfare services

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to the child or to a member of the child's family or household; and

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     (B) Has taken or intends to take any other action concerning the welfare and safety of the

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child or any member of the child's family or household.

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     (d) If a public panel is convened or established by the department to evaluate the extent to

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which the department is discharging its child protection responsibilities, the panel or any of its

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members or staff shall not disclose identifying information about a specific child protection case

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nor make public any identifying information provided by the department except as may be

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authorized by law. Any person who violates this subsection shall be subject to civil sanctions as

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provided by law.

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     (e) If a public panel is convened or established by the department, this panel, in the

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course of its evaluation, may review, but shall not investigate, any child fatality that is under the

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jurisdiction of the child advocate in accordance with the provisions of § 42-73-7(2).

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     (f) In the event records and information contained within DCYF records are shared with

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individuals or public or private agencies as specified in subsection (b) above, any such individual

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and/or public or private agency shall be advised that the shared information cannot be further

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disclosed, except as specifically provided for under applicable federal and/or state law and

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regulation. Any individual and/or public or private agency who violates this subsection shall be

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subject to civil sanctions as provided in chapter 37.3 of title 5, and any other federal or state law

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pertinent thereto.

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     SECTION 3. Section 42-73-6 of the General Laws in Chapter 42-73 entitled “Child

 

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Advocate Office” is hereby amended to read as follows:

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     42-73-6. Annual report. -- The child advocate shall annually submit to the governor and

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the general assembly, a detailed report analyzing the work of his or her office and any

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recommendations resulting therefrom., including non-identifying child fatality and near fatality

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information and recommendations. The report shall be posted on the office of the child advocate's

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website.

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     SECTION 3. Chapter 42-73 of the General Laws entitled "Child Advocate Office" is

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hereby amended by adding thereto the following section:

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     42-73-2.3. Child fatality reviews. -- (a) The department of children, youth and families

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shall notify the office of the child advocate verbally and electronically within forty-eight (48)

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hours of a confirmed fatality or near fatality of a child that is the subject of a DCYF case and

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shall provide the office of the child advocate with access to any written material about the case.

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     (b) The child advocate, working with a voluntary and confidential child fatality review

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panel, whose members may vary on a case-by-case basis, shall review the case records of all

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notifications in accordance with §42-73-2.3(a) of fatalities and near fatalities of children under

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twenty-one (21) years of age, if:

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     (1) The fatality or near fatality occurs while in the custody of or involved with the

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department, or if the child's family previously received services from the department;

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     (2) The fatality or near fatality is alleged to be from abuse or neglect of the child; or

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     (3) A sibling, household member or day care provider has been the subject of a child

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abuse and neglect investigation within the previous twelve (12) months, including, without

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limitation, cases in which the report was unsubstantiated or the investigation is currently pending.

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     (c) The child fatality review panel shall assess and analyze such cases, make

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recommendations regarding such cases, and make recommendations for improvements to laws,

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policies and practices that support the safety of children. Each report shall be made public within

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thirty (30) days of its completion.

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     (d) The members of child fatality review panel established in accordance with this

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section, shall be subject to the confidentiality provisions of §42-73-10.

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     (e) The child advocate shall publically announce the convening of a child fatality review

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panel, including the age of the child involved.

 

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     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,

YOUTH AND FAMILIES

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     This act would take effect upon passage.

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     This act requires the medical examiner to work with the department of children, youth

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and families and the office of the child advocate on a process for the timely availability of

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medical examiner findings in cases of suspected abuse and neglect. It requires the department of

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children, youth and families to disclose certain information regarding child fatalities or near

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fatalities involving reports of child abuse and neglect. This act establishes a child fatality review

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panel within the office of the child advocate to review the cases and findings related to child

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fatalities and near fatalities associated with suspected abuse and neglect.

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