BILL ANALYSIS
SB 1668
Page 1
Date of Hearing: June 27, 2006
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
SB 1668 (Bowen) - As Amended: June 19, 2006
PROPOSED CONSENT
SENATE VOTE : 34-0
SUBJECT : CHILD DEATH REVIEW TEAMS: CONFIDENTIALITY OF RECORDS
KEY ISSUE : SHOULD PROVISIONS REGARDING THE CONFIDENTIALITY OF
CHILD DEATH REVIEW TEAM RECORDS BE CLARIFIED?
SYNOPSIS
This non-controversial bill simply clarifies provisions
regarding the confidentiality of child death review team
records, and requires that reports regarding child death review
team findings be made at least annually. It has broad support
and no known opposition.
SUMMARY : Clarifies provisions regarding the confidentiality of
child death review team records and requires a report regarding
child death review team findings be made at least once per year.
Specifically, this bill :
1)Provides that no record made available by a child death review
team may include names or other personal information regarding
any child who was the subject of a review or regarding that
child's siblings and non-offending family members.
2)Provides that records exempt from disclosure to third parties
pursuant to state or federal law shall remain exempt from
disclosure when in the possession of a child death review
team.
3)Provides 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 deaths.
EXISTING LAW :
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1)Establishes child death review teams (Penal Code Section
11174.32), domestic violence death review teams (Penal Code
Section 11163.3), and elder death review teams (Penal Code
Section 11174.5).
2)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 non-offending
family members receive the appropriate services in cases where
a child has expired. (Penal Code Section 11174.32(a).)
3)Provides that, regarding child death review teams, 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 Section
11174.32(a).)
4)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 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 Section 11174.32(b).)
5)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:
a) Experts in the field of forensic pathology;
b) Pediatricians with expertise in child abuse;
c) Coroners and medical examiners;
d) Criminologists;
e) District attorneys;
f) Child protective services staff;
g) Law enforcement personnel;
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h) Representatives of local agencies which are involved
with child abuse or neglect reporting;
i) County health department staff who deals with children's
health issues; and,
j) Local professional associations of persons described
above. (Penal Code Section 11174.32(c).)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : In support of this non-controversial measure, the
author writes:
This bill will help improve the usefulness and
productivity of child death review teams. Each review
team's success requires participation of all groups
with critical information to the process which
ultimately pieces together the circumstances
surrounding a particular fatality. This bill
clarifies that for the purpose of review teams,
records which are considered confidential under state
and federal law remain confidential when given to a
review team. This will offer needed peace of mind for
many review team participants, particularly those in
the private sector such as hospitals. This bill also
ensures that each child death review team makes its
findings and recommendations public each year. This
change can help review teams educate the public in
preventing future child fatalities.
Scope of the Problem : According to background provided by the
author's office, the confidentiality provisions provided for
elder death review teams and domestic violence death review
teams are not currently included for county child death review
teams. Without it,
individuals and groups with critical information to the process
- particularly those from the private sector (i.e., hospitals) -
are reluctant to attend and speak openly because of the
potentially serious liability concerns. As a result, a program
designed to encourage free-flowing, open and honest dialogue has
unfortunately eroded into child death review teams having to
strong-arm (even subpoena) individuals to participate.
Secondly, the primary purpose of child death review teams is to
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prevent future child deaths. The statewide child death review
council is responsible for collecting data and information from
the counties and turning it into reports to the public and
Legislature. Some child death review teams create elaborate,
comprehensive reports, while other child death review teams do
not report anything at all. Because of the wide discrepancy of
reporting, the statewide council cannot get a full picture of
what is occurring statewide. While all child death review teams
are coming to important conclusions about local child
fatalities, not all of the review teams are communicating the
information to the public, which contradicts the basic premise
for having them. How can child death review teams reduce future
preventable child deaths if no one knows what child death review
teams do?
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 in the possession
of a child death review team, this bill clarifies existing law.
This clarification 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.
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 Section
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 California public officials 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 Section 11174.34(d)(1).) Therefore, a report analyzing the
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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.
REGISTERED SUPPORT / OPPOSITION :
Support
California Hospital Association
California Newspaper Publishers Association
California State Association of Counties
California State Coroners' Association
California State Sheriffs' Association
Child Abuse Prevention Center
Child Abuse Prevention Council of Sacramento, Inc.
Community Schools Solutions of California
Los Angeles District Attorney's Office
Prevent Child Abuse California
Opposition
None on file
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334