BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Carole Migden, Chair S
2005-2006 Regular Session B
1
6
6
SB 1668 (Bowen) 8
As Amended April 18, 2006
Hearing date: April 25, 2006
Penal Code
SM:br
CHILD DEATH REVIEW TEAMS
HISTORY
Source: Author
Prior Legislation: AB 1241 (Pacheco) - Ch. 916, 21, Stats.
2001
AB 102 (Pacheco) - Ch. 133 10, Stats. 2001
SB 1313 (Kuehl) - Ch. 842 11, Stats. 2004
Support: California Newspaper Publisher's Association;
California Hospital Association
Opposition:None known
KEY ISSUES
SHOULD RECORDS 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?
SHOULD CHILD DEATH REVIEW TEAMS BE REQUIRED TO MAKE AVAILABLE TO THE
PUBLIC, NO LESS THAN ONCE EACH YEAR, FINDINGS, CONCLUSIONS AND
(More)
SB 1668 (Bowen)
Page 2
RECOMMENDATIONS OF THE TEAM, INCLUDING SPECIFIED DATA?
PURPOSE
The purpose of this bill is to establish that records 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; and to require that
child death review teams make available to the public, no less
than once each year, findings, conclusions and recommendations
of the team, including specified data.
Existing law establishes Child Death Review Teams (Penal Code
11174.32) and Domestic Violence Death Review Teams (Penal Code
11163.3) and Elder Death Review Teams (Penal Code
11174.5.).
Existing law states that interagency child death 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. (Penal Code 11174.32(a).)
Existing law regarding Child Death Review Teams states that
each county may establish an interagency child death 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. (Penal
Code 11174.32(a).)
Existing law states that 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
(More)
SB 1668 (Bowen)
Page 3
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. (Penal Code
11174.32(b).)
Existing law states that in developing an interagency child
death 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.
(Penal Code 11174.32(c).)
This bill amends Penal Code Section 11174.32 to provide that
records exempt from disclosure to third parties pursuant to
(More)
SB 1668 (Bowen)
Page 4
state or federal law remain exempt from disclosure when they are
in the possession of a child death review team.
(More)
This bill requires that child death review teams make available
to the public, no less than once each year, findings,
conclusions and recommendations of the team, including aggregate
statistical data on the incidences and causes of child deaths.
COMMENTS
1.Documents Exempt from Disclosure
In stating that records 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,
this bill clarifies existing law. This may be beneficial in
reassuring parties that would like to submit documents to a
child death review team but might feel inhibited if they are
under the impression that doing so could be construed to waive
any applicable exemption from public disclosure.
2. Requirement of Public Findings
This bill requires that child death review teams "make available
to the public findings, conclusions and recommendations of the
team, including aggregate statistical data on the incidences and
causes of child deaths." Part of the statutory scheme that
created child death review teams included creation of the Child
Death Review Council, "to coordinate and integrate state and
local efforts to address fatal child abuse or neglect, and to
create a body of information to prevent child deaths." (Penal
Code 11174.34(a)(1).) The Child Death Review Council is
required to "[a]nalyze and interpret state and local data on
child death in an annual report to be submitted to local child
death review teams with copies to the Governor and the
Legislature, no later than July 1 each year. Copies of the
report shall also be distributed to public officials in the
state who deal with child abuse issues and to those agencies
responsible for child death investigation in each county. The
report shall contain, but not be limited to, information
provided by state agencies and the county child death review
teams for the preceding year." (Penal Code 11174.34(d)(1).)
(More)
SB 1668 (Bowen)
Page 6
Therefore, a report analyzing the data collected by each local
child death review team is currently a public document.
Requiring each local child death review team to also make public
its own data appears to be consistent with the overall
objectives of the teams, i.e., creating a body of information on
the causes of child deaths to help prevent such tragedies.
Increased transparency may also enhance the public's trust in
local child death review teams and thereby encourage greater
participation in their efforts.
WILL REQUIRING LOCAL CHILD DEATH REVIEW TEAMS TO MAKE PUBLIC
THEIR FINDINGS AT LEAST ANNUALLY PROMOTE THE PURPOSE AND
EFFECTIVENESS OF THE TEAMS?
***************