BILL NUMBER: AB 1737	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member McCarty

                        FEBRUARY 1, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1737, as introduced, McCarty. Child death investigations:
review teams.
   Existing law authorizes each county to 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. Existing law also
authorizes each county to develop a protocol to 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.
   This bill would make the provisions described above mandatory for
each county. By increasing the duties of counties, the bill would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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   shall 
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   shall  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
  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.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.