SB436: Bill Text

LRB-1867/1

MED:kjf&wlj:rs

2013 - 2014 LEGISLATURE

2013 Senate BILL 436

December 11, 2013 - Introduced by Senators Olsen, Darling, Petrowski and Lassa, cosponsored by Representatives Loudenbeck, Krug, Bies, Kahl, Kleefisch, T. Larson, A. Ott, C. Taylor and Wright. Referred to Committee on Transportation, Public Safety, and Veterans and Military Affairs.

SB436,1,6 An Act to amend 48.396 (1), 48.396 (2) (a), 48.78 (2) (a), 48.981 (7) (a) 15., 253.01, 938.396 (1) (a), 938.396 (2) and 938.78 (2) (a); and to create 15.197 (15), 19.85 (1) (j), 51.30 (4) (b) 29., 69.20 (3) (b) 6., 118.125 (2) (o), 146.82 (2) (a) 23., 227.01 (13) (uv), subchapter I (title) of chapter 253 [precedes 253.01], subchapter II of chapter 253 [precedes 253.30] and 905.17 of the statutes; relating to: creating a statewide program to review child deaths and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill generally provides for the establishment of a child death review program within the Department of Health Services (DHS), a Child Death Review Council (council), and local review teams to conduct child death reviews. Specifically, the bill does all of the following:

Child death review program operated by DHS

The bill requires DHS to develop and maintain a statewide program to review the deaths of children in this state for the purpose of reducing preventable childhood deaths. DHS must do all of the following as part of the program: 1) provide support to the council; 2) collect data pertaining to childhood deaths, including by entering into data-sharing agreements with other state agencies; 3) cooperate with other state agencies to develop and implement programs and policies to prevent child deaths in this state; and 4) after considering any recommendations of the council, provide certain information to the public about childhood deaths. The bill also requires DHS, after considering any recommendations received from the council, to assist local child death review teams in various ways, including by adopting standards and protocols for use by the recognized local review teams. The bill allows DHS to enter into a contract to perform its duties under the statewide program.

Child Death Review Council

The bill establishes the council within DHS, which must consist of: 1) appointees from various state agencies; 2) one or more representatives of federally recognized American Indian tribes; and 3) at least 17 other members who have demonstrated a continuing interest in the problem of unexplained or preventable childhood deaths. The bill requires the council to: 1) collect and review data pertaining to child deaths that occur in this state; 2) identify trends in childhood deaths in this state; 3) make certain reports and recommendations to the governor, the legislature, DHS, and applicable state agencies related to interventions to prevent childhood deaths, matters related to unexpected or unexplained deaths among children, and data collected by the council and the council's policy recommendations following from that data; 4) make recommendations to DHS regarding assisting local review teams and establishing criteria and a process for recognizing local child death review teams; and 5) make information available to the public about the council and the council's role in public policy related to preventing childhood deaths.

The bill requires the council to review an individual child's death upon a request from a local child death review team recognized by DHS and also allows the council to review an individual child's death when no review is conducted by a recognized local review team.

Local child death review teams

The bill requires DHS to recognize local child death review teams for particular geographical areas in this state and requires local review teams so recognized to review the deaths of children that occur in the geographical area for which the team is recognized, except that the bill: 1) requires a recognized local review team to request that the council instead review a child's death when required by the standards and protocols established by DHS; and 2) allows a recognized local review team to review the death of a child that occurs outside of the geographical area for which the team is recognized under certain circumstances.

The bill requires recognized local review teams to: 1) follow and apply the standards and protocols established by DHS for child death reviews; 2) enter data collected in connection with the review of a child's death into a state-designated case reporting system; 3) identify trends in childhood deaths in the geographical area for which the team is recognized and work with local organizations to make recommendations related to interventions to prevent childhood deaths; and 4) share information with other recognized local review teams.

Records, confidentiality, and immunity

The bill allows the council or a recognized local review team, subject to certain restrictions under the bill and current law, to obtain various types of records that are otherwise not generally subject to disclosure under current law, including mental health records, records in the possession of children's services agencies, court records of children and juveniles, reports of suspected child abuse or neglect, school records relating to individual pupils, health records, and certain vital records information.

The bill contains the following provisions with respect to confidentiality:

1. The bill provides that reviews of child deaths by the council or a recognized local review team may be conducted in closed session under the open meetings law.

2. The bill provides that information and records acquired by the council or a recognized local review team are confidential and not open to public inspection or copying under the public records law from a recognized local review team or the council. The bill requires all information presented in connection with the child death review and any opinions formed as a result of the child death review to be kept confidential, except for information shared between local review teams and local review teams and the council. The bill provides for a criminal penalty for any person who violates the confidentiality provision.

3. The bill creates a privilege in the rules of evidence for persons who participate in a child death review. Under the privilege, a person who participates in a child death review may refuse to disclose and to prevent any other person from disclosing any information provided or obtained or opinions formed or offered in the course of a child death review, except for information obtained independent of a child death review or information that is available for public inspection or copying under the public records law. Any person participating in a child death review may claim the privilege. Information for which the privilege is validly claimed may not be used in court or administrative proceedings.

Finally, the bill provides that any person participating in a child death review under the provisions created in the bill, including both a person conducting the child death review as well as a person providing information or records, is immune from any civil or criminal liability for any good faith act or omission in connection with that participation.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB436,1 Section 1. 15.197 (15) of the statutes is created to read:

SB436,4,3 15.197 (15) Child death review council. (a) There is created in the department of health services a child death review council consisting of all of the following members:

SB436,4,4 1. The secretary of health services or his or her designee.

SB436,4,5 2. The secretary of children and families or his or her designee.

SB436,4,6 3. The attorney general or his or her designee.

SB436,4,7 4. The state superintendent of public instruction or his or her designee.

SB436,4,8 5. The secretary of transportation or his or her designee.

SB436,4,9 6. The secretary of natural resources or his or her designee.

SB436,4,12 7. One or more representatives of one or more federally recognized American Indian tribes or bands in this state who are appointed by the secretary of health services.

SB436,4,16 8. At least 17 other members who have demonstrated a continuing interest in, or who have expertise that the secretary of health services determines is relevant to, the problem of unexplained or preventable childhood deaths, appointed by the secretary of health services.

SB436,2 Section 2. 19.85 (1) (j) of the statutes is created to read:

SB436,4,19 19.85 (1) (j) Review of a child's death by the child death review council or by a recognized local review team, as defined in s. 253.30 (3).

SB436,3 Section 3. 48.396 (1) of the statutes is amended to read:

SB436,5,21 48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of the adult expectant mothers of unborn children shall be kept separate from records of other adults. Law enforcement officers' records of children and the adult expectant mothers of unborn children shall not be open to inspection or their contents disclosed except under sub. (1b), (1d), (5), or (6) or s. 48.293 or, 253.36, or 938.396 (2m) (c) 1p. or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child or adult expectant mother involved, to the confidential exchange of information between the police and officials of the public or private school attended by the child or other law enforcement or social welfare agencies, or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under s. 118.125. This subsection does not apply to the confidential exchange of information between the police and officials of the tribal school attended by the child if the police determine that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and s. 938.396 (1) (a). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under ss. 48.78 and 938.78.

SB436,4 Section 4. 48.396 (2) (a) of the statutes is amended to read:

SB436,6,4 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 938 or as required or permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375 (7) (e) or 253.36.

SB436,5 Section 5. 48.78 (2) (a) of the statutes is amended to read:

SB436,6,10 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 253.36, 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.

SB436,6 Section 6. 48.981 (7) (a) 15. of the statutes is amended to read:

SB436,6,15 48.981 (7) (a) 15. A child fatality recognized local review team recognized by the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department, as defined in s. 253.30 (3), or the child death review council.

SB436,7 Section 7. 51.30 (4) (b) 29. of the statutes is created to read: