BILL NUMBER: SB 1668	AMENDED
	BILL TEXT

	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, as amended, 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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.  No record made available by a child death revie 
 w team under this section may include names or other personal
information regarding any child who was the subject of a review or
regarding that child's sibling   s and nonoffending family
members. 
   (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) 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.