BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1668|
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UNFINISHED BUSINESS
Bill No: SB 1668
Author: Bowen (D)
Amended: 6/19/06
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-0, 4/25/06
AYES: Migden, Cedillo, Perata, Romero
NO VOTE RECORDED: Poochigian, Margett
SENATE FLOOR : 34-0, 5/11/06
AYES: Aanestad, Ackerman, Alarcon, Alquist, Ashburn,
Battin, Bowen, Cedillo, Chesbro, Cox, Denham, Dunn,
Dutton, Escutia, Figueroa, Florez, Hollingsworth, Kehoe,
Kuehl, Machado, Maldonado, Margett, McClintock, Migden,
Murray, Ortiz, Perata, Poochigian, Romero, Scott,
Simitian, Speier, Torlakson, Vincent
NO VOTE RECORDED: Ducheny, Lowenthal, Morrow, Runner,
Soto, Vacancy
ASSEMBLY FLOOR : 76-0, 8/7/06 (Consent) - See last page for
vote
SUBJECT : Child death review teams
SOURCE : Author
DIGEST : This bill provides that records exempt from
disclosure to third parties pursuant to state or federal
law remain exempt, with specified guidelines, from
disclosure when they are in the possession of a child death
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review team (CDRT). This bill requires that CDRTs make
available to the public, no less than once each year,
findings, conclusions and recommendations of the CDRT,
including specified data.
Assembly Amendments recast the language relative to the
disclosure of names in the team's report.
ANALYSIS : Existing law establishes Child Death Review
Teams (Section 11174.32 of the Penal Code), Domestic
Violence Death Review Teams (Section 11163.3 of the Penal
Code) and Elder Death Review Teams (Section 11174.5 of the
Penal Code).
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. [Section
11174.32(a) of the Penal Code]
Existing law regarding CDRTs 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. [Section
11174.32(a) of the Penal Code]
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 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. [Section 11174.32(b) of the
Penal Code]
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
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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. [Section 11174.32(c)
of the Penal Code]
This bill amends Section 11174.32 of the Penal Code to
provide 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 CDRT.
This bill requires that CDRTs 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. In its report, the CDRT 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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/8/06)
California Hospital Association
California Newspaper Publisher's Association
California State Association of Counties
California State Coroners' Association
California State Sheriffs' Association
Child Abuse Prevention Council of Sacramento
Los Angeles District Attorney's Office
Office of the City Attorney of Los Angeles
Prevent Child Abuse California
ARGUMENTS IN SUPPORT : The California Hospital
Association (CHA) states:
"[We] support the activities of county child death
review teams (CDRTs) and understand the need for
exempting from disclosure to third parties the
sensitive information provided to CDRTs by CHA
hospitals and their personnel. We also support the
public annual report, including aggregate statistical
data which will be required of each child death review
team.
"It is our hope this bill will help identify and reduce
the incidences of unnecessary children's deaths in our
state."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Haynes, Jerome Horton, Shirley Horton,
Huff, Jones, Karnette, Keene, Klehs, Koretz, La Malfa, La
Suer, Laird, Leno, Leslie, Levine, Lieber, Lieu, Liu,
Matthews, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nation, Nava, Negrete McLeod, Niello, Parra,
Pavley, Plescia, Richman, Ridley-Thomas, Sharon Runner,
Ruskin, Saldana, Salinas, Spitzer, Strickland, Torrico,
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Tran, Umberg, Vargas, Villines, Walters, Wolk, Wyland,
Yee, Nunez
NO VOTE RECORDED: Houston, Maze, Oropeza, Vacancy
RJG:mel 8/8/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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