SB436: Bill Text

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:

SB436,7,4 51.30 (4) (b) 29. To an authorized member of the child death review council or of a recognized local review team, as defined in s. 253.30 (3), upon an oral or written request from that person, if the individual is a deceased child whose death is the subject of review under subch. II of the ch. 253 and the individual's treatment records are relevant, as determined by the member, to the review of that death. A custodian of treatment records may initiate contact with the child death review council or a recognized local review team to inform the council or team of treatment records of a deceased child that may be relevant to the completion of a review of a child's death under subch. II of ch. 253. The recipient of any treatment records released under this subdivision shall keep the records confidential, except that a member of a recognized local review team may share records released under this subdivision with the other members of that team, with another recognized local review team conducting a review of that child's death, or with the child death review council.

SB436,8 Section 8. 69.20 (3) (b) 6. of the statutes is created to read:

SB436,7,8 69.20 (3) (b) 6. The information will be used by the child death review council or a recognized local review team, as defined in s. 253.30 (3), for the purpose of reviewing the death of a child.

SB436,9 Section 9. 118.125 (2) (o) of the statutes is created to read:

SB436,7,15 118.125 (2) (o) Upon the written consent of an adult pupil or the parent or guardian of a minor pupil or to comply with a court order, the school district clerk or his or her designee shall make available to a recognized local review team, as defined in s. 253.30 (3), or the child death review council pupil records requested by the team or council if the pupil records involve or are relevant to, as determined by the team or council, the review of a child's death under subch. II of ch. 253.

SB436,10 Section 10. 146.82 (2) (a) 23. of the statutes is created to read:

SB436,7,18 146.82 (2) (a) 23. To the child death review council or a recognized local review team, as defined in s. 253.30 (3), for the purpose of reviewing the death of a child.

SB436,11 Section 11. 227.01 (13) (uv) of the statutes is created to read:

SB436,7,20 227.01 (13) (uv) Adopts standards and protocols under s. 253.31 (1) (e) 4.

SB436,12 Section 12. Subchapter I (title) of chapter 253 [precedes 253.01] of the statutes is created to read:

SB436,7,23 Chapter 253

SB436,7,24 Subchapter I

SB436,7,25 Maternal and child health

SB436,13 Section 13. 253.01 of the statutes is amended to read:

SB436,8,3 253.01 Definition. In this chapter subchapter, "division" means the division within the department that has primary responsibility for health issues.

SB436,14 Section 14. Subchapter II of chapter 253 [precedes 253.30] of the statutes is created to read:

SB436,8,6 Chapter 253

SB436,8,7 Subchapter II

SB436,8,8 Child Death ReviewS

SB436,8,9 253.30 Definitions. In this subchapter:

SB436,8,10 (1) "Child" means an individual under the age of 18.

SB436,8,11 (2) "Council" means the child death review council.

SB436,8,13 (3) "Recognized local review team" means a local review team under s. 253.33 that is recognized by the department under s. 253.31 (1) (e) 1.

SB436,8,18 253.31 Child death review program. (1) The department shall develop and maintain a statewide program to review the deaths of children in this state for the purpose of reducing preventable childhood deaths. The department shall develop the program to include the council and recognized local review teams. Under the program, the department shall do all of the following:

SB436,8,19 (a) Provide professional and administrative support to the council.

SB436,8,21 (b) Collect data that pertains to childhood deaths, including by entering into data-sharing agreements with other state agencies that collect similar data.

SB436,8,23 (c) Cooperate with other state agencies to develop and implement programs and policies to prevent the deaths of children in this state.

SB436,9,2 (d) After considering any recommendations received from the council, provide information to the public about the risk factors for and circumstances surrounding childhood deaths in this state and about specific strategies to prevent childhood deaths.

SB436,9,4 (e) After considering any recommendations received from the council, assist local review teams, including by doing all of the following:

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.