SB436: Bill Text

SB436,9,6 1. Recognizing local review teams for particular geographical areas in this state, following applications under s. 253.33.

SB436,9,7 2. Facilitating the formation of individual local review teams.

SB436,9,8 3. Providing assistance with training and data collection procedures.

SB436,9,9 4. Adopting standards and protocols for recognized local review teams.

SB436,9,10 5. Creating forms and tools for child death reviews.

SB436,9,12 (2) The department may enter into a contract with an entity to perform any of the department's duties under this section.

SB436,9,14 253.32 Child death review council. (1) The council shall do all of the following:

SB436,9,15 (a) Collect and review data pertaining to child deaths that occur in this state.

SB436,9,17 (b) Review an individual child's death upon a request from a recognized local review team.

SB436,9,21 (c) Identify trends in childhood deaths in this state, and make recommendations to the legislature and applicable state agencies related to interventions to prevent childhood deaths, including any necessary state resources that are required to implement the recommended interventions.

SB436,9,24 (d) Make recommendations to the legislature, the department, and any other state agency on matters related to unexpected or unexplained deaths among children.

SB436,9,25 (e) Make recommendations to the department for doing all of the following:

SB436,10,1 1. Assisting recognized local review teams.

SB436,10,2 2. Establishing criteria and a process for recognizing local review teams.

SB436,10,4 (f) Make information available to the public about the council and the council's role in public policy related to preventing childhood deaths.

SB436,10,9 (g) By March 1, 2015, and biennially thereafter, prepare and submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the data collected by the council on the causes of childhood deaths in this state. The council shall include in the report any policy recommendations that result from compiling the data for the report.

SB436,10,11 (2) The council may review an individual child's death when no review is conducted by a recognized local review team under s. 253.35 (1) or (2).

SB436,10,14 253.33 Local review teams. A local review team may apply for recognition by the department under s. 253.31 (1) (e) 1. A recognized local review team shall do all of the following:

SB436,10,16 (1) Follow and apply the standards and protocols for child death reviews that are established by the department.

SB436,10,17 (2) Review the deaths of children as provided under 253.35.

SB436,10,19 (3) Enter data collected in connection with the review of a child's death into a state-designated case reporting system, as required by the department.

SB436,10,24 (4) 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, including descriptions of any necessary local resources that are required to implement the recommended interventions.

SB436,11,2 (5) Share information with other recognized local review teams, as provided in the standards and protocols adopted by the department.

SB436,11,6 253.35 Child death reviews by local review teams. (1) (a) Except as provided in par. (b) and sub. (2), a recognized local review team shall review the deaths of children that occur in the geographical area for which the team is recognized according to the standards and protocols adopted by the department.

SB436,11,9 (b) A recognized local review team shall request review of a child's death by the council when required by the standards and protocols established by the department.

SB436,11,15 (2) If no local review team is recognized by the department for the geographical area in which a child dies, or if the recognized local review team for the geographical area in which a child dies so requests in lieu of conducting its own review, a recognized local review team may review the death of a child that occurs outside of the geographical area for which the team is recognized in any of the following circumstances:

SB436,11,17 (a) An incident that substantially contributed to the death of the child occurred in the geographical area for which the team is recognized.

SB436,11,19 (b) Before his or her death, the child resided in the geographical area for which the team is recognized.

SB436,11,25 253.36 Child death reviews; records. (1) Except as provided in sub. (2), upon receiving an oral or written request for access to or copies of information or records related to a child who is the subject of a review under this subchapter from the council or a representative of a recognized local review team, a person shall provide the requested information or records to the council or recognized local review team if the requested information or records are any of the following:

SB436,12,1 (a) Law enforcement officers' records of children, as provided in s. 48.396 (1).

SB436,12,2 (b) Law enforcement agency records of juveniles, as provided in s. 938.396 (1).

SB436,12,4 (c) Records of a court assigned to exercise jurisdiction under s. 48.16 and chs. 48 and 938, as provided in s. 48.396 (2).

SB436,12,6 (d) Records of a court assigned to exercise jurisdiction under s. 938.17 (2) and chs. 48 and 938, as provided in s. 938.396 (2).

SB436,12,8 (e) Records or information about an individual who is or was in the care or legal custody of an agency, as defined in s. 48.78 (1), as provided in s. 48.78.

SB436,12,10 (f) Records or information about an individual who is or was in the care or legal custody of an agency, as defined in s. 938.78 (1), as provided in s. 938.78.

SB436,12,16 (2) A law enforcement agency may withhold investigative information or records requested under sub. (1) if the release of the information or records would interfere with a pending proceeding or investigation related to a criminal matter, a delinquency matter under ch. 938, a juvenile in need of protective services under ch. 938, a child or unborn child in need of protection or services under ch. 48, or an issue of child protection under ch. 48.

SB436,12,25 253.37 Child death reviews; confidentiality. (1) Except as provided in subs. (2) to (4) and s. 51.30 (4) (b) 29., information and records acquired by the council or a recognized local review team in connection with a child death review are confidential and not open to public inspection or copying under s. 19.35 (1). Members of the council or a recognized local review team and any person who attends a child death review or presents information to the council or a recognized local review team related to a child death review shall keep all information presented in connection with the child death review and any opinions formed as a result of the child death review confidential.

SB436,13,3 (2) A member of a recognized local review team may share information disclosed to the recognized local review team with another recognized local review team conducting a review of that child's death or with the child death review council.

SB436,13,5 (3) Subsection (1) does not affect any person's right to copy or inspect records in the custody of any person other than the council or a recognized local review team.

SB436,13,10 (4) A person who attends a child death review or presents information to the council or a recognized local review team is not prohibited under sub. (1) from disclosing or sharing information or records obtained independently of the child death review or in accordance with his or her official job duties as a governmental employee or agent, if that disclosure is otherwise lawfully permitted.

SB436,13,12 (5) A person who intentionally violates this section may be fined not more than $1,000 or imprisoned not more than 6 months, or both.

SB436,13,19 253.38 Child death reviews; actions and proceedings. (1) Use of information in court and administrative proceedings. In accordance with and subject to the privilege under s. 905.17, any information and records provided or obtained in the course of a child death review by a recognized local review team or the council are not subject to discovery or subpoena in a civil or criminal action or an administrative proceeding and are not admissible as evidence during the course of a civil or criminal action or an administrative proceeding.

SB436,14,2 (2) Immunity. Any person participating in a child death review under this subchapter is immune from any civil or criminal liability for any good faith act or omission in connection with that participation. The immunity granted under this subsection applies to persons conducting the child death review as well as persons providing information or records pursuant to the child death review. For the purpose of any civil or criminal action, any person participating in a child death review under this subchapter is presumed to be acting in good faith.

SB436,15 Section 15. 905.17 of the statutes is created to read:

SB436,14,7 905.17 Child death review participant privilege. (1) Definition. In this section, "person participating in a child death review" means any person conducting a child death review under subch. II of ch. 253 and any person providing information or records in connection with a child death review under subch. II of ch. 253.

SB436,14,11 (2) General rule of privilege. A person participating in a child death review has a privilege to refuse to disclose and to prevent any other person from disclosing any information and records provided or obtained or opinions formed or offered in the course of a child death review.

SB436,14,13 (3) Who may claim the privilege. Any person participating in a child death review may claim the privilege.

SB436,14,16 (4) Exception. There is no privilege under this section for information obtained independent of a child death review or information that is available for public inspection or copying under s. 19.35 (1).

SB436,16 Section 16. 938.396 (1) (a) of the statutes is amended to read:

SB436,14,21 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under par. (b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 253.36 or 938.293 or by order of the court.

SB436,17 Section 17. 938.396 (2) of the statutes is amended to read:

SB436,15,4 938.396 (2) Court records; confidentiality. Records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2) 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. 48 or as required or permitted under sub. (2g), (2m) (b) or (c), or (10) or s. 253.36.

SB436,18 Section 18. 938.78 (2) (a) of the statutes is amended to read:

SB436,15,10 938.78 (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 sub. (3) or s. 48.396 (3) (bm) or (c) 1r., 253.36, 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51, or 938.57 (2m) or by order of the court.

SB436,15,11 (End)