BILL NUMBER: SB 1668	CHAPTERED  09/30/06

	CHAPTER  813
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2006
	PASSED THE SENATE  AUGUST 22, 2006
	PASSED THE ASSEMBLY  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  JUNE 19, 2006
	AMENDED IN SENATE  MAY 1, 2006
	AMENDED IN SENATE  APRIL 18, 2006
	AMENDED IN SENATE  APRIL 17, 2006

INTRODUCED BY   Senator Bowen

                        FEBRUARY 24, 2006

   An act to amend Section 11174.32 of the Penal Code, relating to
child death investigations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1668, Bowen  Child death: review teams.
   Existing law permits counties to establish interagency child death
review teams to assist local agencies in identifying and reviewing
suspicious child deaths and facilitating communication between
persons who perform autopsies and the various persons and agencies
involved in child abuse or neglect cases.
   Existing law also allows interagency child death review teams to
develop protocol for performing autopsies on children to assist
coroners, as specified and identifies the persons who may be
consulted in developing the protocol.
   This bill would provide that interagency child death review team
records that are exempt from disclosure to third parties pursuant to
state or federal law remain exempt from disclosure when they are in
the possession of a child death review team. The bill would also
contain confidentiality provisions for child death review teams, as
specified. The bill would further provide that no less than once each
year, each child death review team shall make available to the
public findings, conclusions and recommendations of the team,
including aggregate statistical data on the incidences and causes of
child, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11174.32 of the Penal Code is amended to read:

   11174.32.  (a) Each county may establish an interagency child
death review team to assist local agencies in identifying and
reviewing suspicious child deaths and facilitating communication
among persons who perform autopsies and the various persons and
agencies involved in child abuse or neglect cases. Interagency child
death review teams have been used successfully to ensure that
incidents of child abuse or neglect are recognized and other siblings
and nonoffending family members receive the appropriate services in
cases where a child has expired.
   (b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on children to assist
coroners and other persons who perform autopsies in the
identification of child abuse or neglect, in the determination of
whether child abuse or neglect contributed to death or whether child
abuse or neglect had occurred prior to but was not the actual cause
of death, and in the proper written reporting procedures for child
abuse or neglect, including the designation of the cause and mode of
death.
   (c) In developing an interagency child death review team and an
autopsy protocol, each county, working in consultation with local
members of the California State Coroner's Association and county
child abuse prevention coordinating councils, may solicit suggestions
and final comments from persons, including, but not limited to, the
following:
   (1) Experts in the field of forensic pathology.
   (2) Pediatricians with expertise in child abuse.
   (3) Coroners and medical examiners.
   (4) Criminologists.
   (5) District attorneys.
   (6) Child protective services staff.
   (7) Law enforcement personnel.
   (8) Representatives of local agencies which are involved with
child abuse or neglect reporting.
   (9) County health department staff who deals with children's
health issues.
   (10) Local professional associations of persons described in
paragraphs (1) to (9), inclusive.
   (d) Records exempt from disclosure to third parties pursuant to
state or federal law shall remain exempt from disclosure when they
are in the possession of a child death review team.
   (e) (1) No less than once each year, each child death review team
shall make available to the public findings, conclusions and
recommendations of the team, including aggregate statistical data on
the incidences and causes of child deaths.
   (2) In its report, the child death review team shall withhold the
last name of the child that is subject to a review or the name of the
deceased child's siblings unless the name has been publicly
disclosed or is required to be disclosed by state law, federal law,
or court order.