H 3741 Session 110 (1993-1994)
H 3741 General Bill, By Cobb-Hunter, Allison, R.A. Barber, D.W. Beatty,
A.W. Byrd, Cato, Davenport, Fair, J.P. Harrelson, B.H. Harwell, J. Hines,
D.N. Holt, Inabinett, M.H. Kinon, J.G. Mattos, Moody-Lawrence, Neilson,
J.S. Shissias, R. Smith, C.H. Stone, Vaughn, C.Y. Waites and C.C. Wells
Similar(S 567)
A Bill to amend Title 20, Chapter 7, Code of Laws of South Carolina, 1976, by
adding Article 26 so as to enact the South Carolina Child Fatality Review and
Prevention Act, to provide for the policy of the State in preventing child
deaths, to create the State Child Fatality Review Team within the Center for
Family in Society, University of South Carolina, to provide for its members,
its purpose, powers, and duties; to provide for access to and confidentiality
of records relating to children who have died and services provided to these
children and their families; to add Sections 17-5-140 and 17-5-265 so as to
require coroners and medical examiners to notify the Chairman of the Child
Fatality Review Team when a child dies under certain circumstances; to add
Sections 17-5-150 and 17-5-275 so as to authorize a coroner or a medical
examiner to obtain an inspection warrant in the course of conducting an
investigation of a child's death; to amend Section 20-7-490, as amended,
relating to definitions in the Child Abuse and Neglect Law, so as to revise
the definition of "abused or neglected child"; to amend Section 20-7-510,
relating to reporting of child abuse and neglect, so as to require a coroner,
a medical examiner, and their employees to report; to amend Section 20-7-690,
as amended, relating to confidentiality of child abuse reports, and records,
so as to allow the release of such information to county medical examiners,
coroners, and the State Team; to amend Section 44-63-110, as amended, relating
to fees for vital records, so as to provide a two dollar surcharge on an
original death certificate to fund the Child Review Team; and to provide that
funds and positions related to the child fatality review process in the
Department of Social Services must be transferred to the Center for Family in
Society.
03/18/93 House Introduced and read first time HJ-15
03/18/93 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-16
A BILL
TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT
THE SOUTH CAROLINA CHILD FATALITY REVIEW AND
PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE
STATE IN PREVENTING CHILD DEATHS, TO CREATE THE
STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER
FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA,
TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND
DUTIES; TO PROVIDE FOR ACCESS TO AND
CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN
WHO HAVE DIED AND SERVICES PROVIDED TO THESE
CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140
AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL
EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD
FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER
CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND
17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL
EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE
COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S
DEATH; TO AMEND SECTION 20-7-490, AS AMENDED,
RELATING TO DEFINITIONS IN THE CHILD ABUSE AND
NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF
"ABUSED OR NEGLECTED CHILD"; TO AMEND
SECTION 20-7-510, RELATING TO REPORTING OF CHILD
ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A
MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT;
TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO
CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND
RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH
INFORMATION TO COUNTY MEDICAL EXAMINERS,
CORONERS, AND THE STATE TEAM; TO AMEND SECTION
44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL
RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE
ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD
FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS
AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW
PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST
BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.
Whereas, it is the policy of this State that every child is entitled to live
in safety and in health and to survive into adulthood; and
Whereas, it is estimated that nine hundred fifty-eight children under the
age of eighteen died in 1991 in this State; approximately twenty-one of
those deaths were from child abuse or neglect; and approximately two
hundred eighteen of those deaths were from homicide, accidents, and
other preventable causes; and
Whereas, from 1988 to 1991 there has been a thirty-two percent increase
in the number of child deaths caused by abuse or neglect and this steady
growth in the number of children whose deaths are due to abuse and
neglect is coupled with a disturbing trend of increasing violence toward
younger children; and
Whereas, there are concerns about the adequacy of efforts in this State
to identify deaths which may be from child abuse or other preventable
causes, to obtain and maintain statistics on child mortality, to provide
services to surviving family members, to appropriately use the criminal
justice system, and to develop and implement measures to prevent future
child deaths; and
Whereas, no one state or local agency is responsible for the failure of
these efforts, as multiple agencies and officials have responsibilities for
responding to child deaths and for the services and programs which
could prevent future child deaths; and
Whereas, multi-disciplinary and multi-agency child death review teams,
improved agency responses, and enhanced public awareness are methods
of achieving the state policy and appropriate goals for this State; and
Whereas, prompt and correct identification of the cause of a child's death
can help alleviate the suffering of the parent who is not responsible for
that death; and
Whereas, persons who are responsible for the deaths of children should
be held accountable for their actions in the appropriate criminal and civil
proceedings; and
Whereas, confidentiality requirements of public agencies and others with
information regarding deceased children and their families should not
deter the exchange of information concerning the child within a
multi-disciplinary and multi-agency review process, so long as there are
protections against disclosures outside of the review; and
Whereas, this State recognizes that our children are our greatest
resource, and we are willing to take all necessary measures to preserve
the futures of our children. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Child
Fatality Review and Prevention Act".
SECTION 2. It is the policy of this State that:
(1) Every child is entitled to live in safety and in health and to
survive into adulthood;
(2) Responding to child deaths is a state and a community
responsibility;
(3) When a child dies, the response by the State and the community
to the death must include an accurate and complete determination of the
cause of death, the provision of services to surviving family members,
and the development and implementation of measures to prevent future
deaths from similar causes and may include court action, including
prosecution of persons who may be responsible for the death and family
court proceedings to protect other children in the care of the responsible
person;
(4) Professionals from disparate disciplines and agencies who have
responsibilities for children and expertise that can promote child safety
and well-being should share their expertise and knowledge toward the
goals of determining the causes of children's deaths, planning and
providing services to surviving children and nonoffending family
members, and preventing future child deaths;
(5) A greater understanding of the incidence and causes of child
deaths is necessary if the State is to prevent future child deaths;
(6) Multi-disciplinary and multi-agency reviews of child deaths can
assist the State in the investigation of child deaths, in the development
of a greater understanding of the incidence and causes of child deaths
and the methods for preventing such deaths, and in identifying gaps in
services to children and families;
(7) Access to information regarding deceased children and their
families by multi-disciplinary and multi-agency child fatality review
teams is necessary for such teams to achieve their purposes and duties;
and
(8) Competent investigative services must be sensitive to the needs
of South Carolina's children and their families and not unnecessarily
intrusive and should be achieved through training, awareness, and
technical assistance.
SECTION 3. Chapter 7, Title 20 of the 1976 Code is amended by
adding:
"Article 26
State Child Fatality Review Team
Section 20-7-5900. For purposes of this article:
(1) `Child' means a person under eighteen years of age.
(2) `Local child protective services agency' means the county
department of social services for the jurisdiction where a deceased child
resided.
(3) `Meeting' means both in-person meetings and meetings through
telephone conferencing.
(4) `Preventable death' means a death which reasonable medical,
social, legal, psychological, or educational intervention may have
prevented.
(5) `Provider of medical care' means a health practitioner who
provides, or a facility through which is provided, medical evaluation or
treatment, including dental and mental health evaluation or treatment.
(6) `State Team' or `team' means the State Child Fatality Review
Team.
(7) `Working day' means Monday through Friday, excluding official
state holidays.
(8) `Unexpected death' includes all child deaths which, before
investigation, appear possibly to have been caused by trauma, suspicious
or obscure circumstances, or child abuse or neglect.
Section 20-7-5910. (A) There is created within the Center for
Family in Society, University of South Carolina, the State Fatality
Review Team.
(B) The State Team is a multi-disciplinary review team, composed
of:
(1) the Commissioner of the Department of Social Services;
(2) the Commissioner of the Department of Health and
Environmental Control;
(3) the State Superintendent of Education;
(4) the Executive Director of the South Carolina Criminal Justice
Academy;
(5) the Chief of the State Law Enforcement Division;
(6) the Commissioner of the South Carolina Commission on
Alcohol and Drug Abuse;
(7) the Commissioner of the State Department of Mental Health;
(8) the Commissioner of the State Department of Mental
Retardation;
(9) the Commissioner of the Department of Youth Services;
(10) an attorney with experience in prosecuting crimes against
children;
(11) a county coroner or medical examiner;
(12) a pediatrician with experience in diagnosing and treating child
abuse and neglect, appointed from recommendations submitted by the
State Chapter of the American Academy of Pediatrics;
(13) a forensic pathologist; and
(14) two members of the public at-large.
Those state agency members in items (1)-(9) shall serve ex officio and
may appoint a designee to serve in their place from their particular
departments or agencies who have administrative or program
responsibilities for children and family services. The remaining
members, including the coroner or medical examiner who shall serve ex
officio, must be appointed by the Governor for terms of four years and
until their successors are appointed and qualify.
(C) A chairman and vice-chairman of the State Team must be elected
from among the members by a majority vote of the membership for a
term of two years.
(D) Meetings of the State Team must be held at least quarterly. A
majority of the State Team constitutes a quorum.
(E) Each ex officio member shall provide sufficient staff and
administrative support to carry out the responsibilities of this article.
Section 20-7-5920. (A) The purpose of the State Team is to decrease
the incidence of preventable child deaths by:
(1) developing an understanding of the causes and incidence of
child deaths;
(2) developing plans for and implementing changes within the
agencies represented on the team which will prevent child deaths; and
(3) advising the Governor and the General Assembly on statutory,
policy, and practice changes which will prevent child deaths.
(B) To achieve its purpose, the State Team shall:
(1) undertake annual statistical studies of the incidence and causes
of child fatalities in this State. The studies shall include an analysis of
community and public and private agency involvement with the
decedents and their families before and subsequent to the deaths;
(2) upon receipt of a report from the county medical examiner or
coroner of an unexpected child death as required by Sections 17-5-140
and 17-5-265, the chairman of the State Team shall notify all members
of the team and provide all known identifying information on the child
and family and on the cause of and circumstances surrounding the death;
(3) upon receipt of the notification required by item (2), state
team members shall review their agency's records for information
regarding the deceased child or family. Information available to the
State Team pursuant to Section 20-7-5930 and information which is
public under Chapter 4, Title 30, the Freedom of Information Act, must
be shared immediately with the county coroner or medical examiner and
county department of social services.
(4) the State Team shall meet no later than one month after
notification by the county medical examiner or coroner required by
Section 17-5-140 or 17-5-265. The purpose of the meeting is to review
the investigation of the death by sharing information regarding the child
and family contained in the records of agencies represented on the team.
The responsibilities for members of the team and dates for subsequent
meetings regarding the child or family must be established at the
meeting.
(5) develop a protocol for child fatality reviews;
(6) develop a protocol for the collection of data regarding child
deaths and provide training to local professionals delivering services to
children, county coroners and medical examiners, and law enforcement
on the use of the protocol;
(7) undertake a study of the operations of local investigations of
child fatalities, including the statutes, regulations, policies and
procedures of the agencies involved with children's services and child
death investigation. The State Team shall consider training, including
cross-agency training, consultation, technical assistance needs, and
service gaps. If the State Team determines that changes to any statute,
regulation, policy, or procedure is needed to decrease the incidence of
preventable child deaths, the team shall take prompt steps to develop and
implement these changes to regulations, policies, and procedures and
shall include proposals for changes to statutes in the team's annual
report;
(8) examine confidentiality and access to information statutes,
regulations, policies, and procedures for agencies with responsibilities
for children including, but not limited to, health, public welfare,
education, social services, mental health, alcohol and other substance
abuse, and law enforcement agencies and determine whether those
statutes, regulations, policies, or procedures impede the exchange of
information necessary to protect children from preventable deaths. If the
State Team identifies a statute, regulation, policy, or procedure that
impedes the necessary exchange of information, the team shall notify the
relevant state agencies and these agencies shall take prompt steps to
develop and implement the identified changes to regulations, policies,
and procedures and the State Team shall include proposals for changes
to statutes in the team's annual report;
(9) educate the public regarding the incidence and causes of child
deaths, the public role in preventing these deaths, and specific steps the
public can undertake to prevent child deaths. The State Team shall
enlist the support of civic, philanthropic, and public service
organizations in performing the team's education duties;
(10) develop and implement policies and procedures for its own
governance and operation;
(11) submit to the Governor and the General Assembly, an annual
written report and any other reports prepared by the State Team
including, but not limited to, the State Team's findings and
recommendations. Annual reports must be made available to the public.
Section 20-7-5930. Upon request of the chairman of the State Team
and as necessary to carry out the State Team's purpose and duties, the
State Team immediately must be provided:
(1) by a provider of medical care, access to information and records
regarding a child whose death is being reviewed by the State Team,
including information on prenatal care;
(2) access to all information and records maintained by any state,
county, or local government agency including, but not limited to, birth
certificates, law enforcement investigation data, county coroner or
medical examiner investigation data, parole and probation information
and records, and information and records of social services and health
agencies that provided services to the child or family.
Section 20-7-5940. When necessary in the discharge of the duties of
the State Team and upon application of the team, the circuit court shall
issue a subpoena or subpoena duces tecum to any state, county, or local
agency, board, or commission or to any representative of any state,
county, or local agency, board, or commission or to a provider of
medical care to compel the attendance of witnesses and production of
documents, books, papers, correspondence, memoranda, and other
relevant records to the discharge of the team's duties. Failure to obey a
subpoena or subpoena duces tecum issued pursuant to this section may
be punished as contempt.
Section 20-7-5950. (A) Meetings of the State Team are closed to the
public and are not subject to Chapter 4, Title 30, the Freedom of
Information Act, when the State Team is discussing individual cases of
child deaths.
(B) Except as provided in subsection (C), meetings of the State Team
are open to the public and subject to the Freedom of Information Act
when the State Team is not discussing individual cases of child deaths.
(C) Information identifying a deceased child or a family member,
guardian, or caretaker of a deceased child, or an alleged or suspected
perpetrator of abuse or neglect upon a child may not be disclosed during
a public meeting and information regarding the involvement of any
agency with the deceased child or family may not be disclosed during a
public meeting.
(D) Nothing in this section may be construed to prevent the State
Team from requesting the attendance at a team meeting of a person who
has information relevant to the team's exercise of its purpose and duties.
(E) Violation of this section is a misdemeanor and, upon conviction,
a person must be fined not more than five hundred dollars or imprisoned
not more than six months, or both.
Section 20-7-5960. (A) All information and records acquired by the
State Team in the exercise of its purpose and duties pursuant to this
article are confidential, exempt from disclosure under Chapter 4, Title
30, the Freedom of Information Act, and only may be disclosed as
necessary to carry out the team's duties and purpose.
(B) Statistical compilations of data which do not contain information
that would permit the identification of a person to be ascertained are
public records.
(C) Reports of the State Team which do not contain information that
would permit the identification of a person to be ascertained are public
information.
(D) Except as necessary to carry out the State Team's purpose and
duties, members of the team and persons attending the team meeting
may not disclose what transpired at a meeting which is not public under
Section 20-7-5940 and may not disclose information the disclosure of
which is prohibited by this section.
(E) Members of the State Team, persons attending a team meeting,
and persons who present information to the State Team may not be
required to disclose in any civil or criminal proceeding information
presented in or opinions formed as a result of a meeting. Nothing in this
subsection may be construed to prevent a person from testifying to
information obtained independently of the team or which is public
information.
(F) Information, documents, and records of the State Team are not
subject to subpoena, discovery, or introduction into evidence in any civil
or criminal proceeding, except that information, documents, and records
otherwise available from other sources are not immune from subpoena,
discovery, or introduction into evidence through those sources solely
because they were presented during proceedings of the team or are
maintained by the team.
(G) Violation of this section is a misdemeanor and, upon conviction,
a person must be fined not more than five hundred dollars or imprisoned
for not more the six months, or both."
SECTION 4. The 1976 Code is amended by adding:
"Section 17-5-140. The county coroner shall immediately
notify the chairman of the State Team when a child dies in any county
of the State:
(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected or unexplained."
SECTION 5. The 1976 Code is amended by adding:
"Section 17-5-265. The county medical examiner shall
immediately notify the chairman of the State Team when a child dies in
any county of the State:
(1) as a result of violence;
(2) when unattended by a physician;
(3) in any suspicious or unusual manner; or
(4) when the death is unexpected or unexplained."
SECTION 6. The 1976 Code is amended by adding:
"Section 17-5-150. If the home or premises last inhabited by
a child is not the scene of the death of a child, the coroner, while
conducting an investigation of the death, may petition the circuit court
of the appropriate judicial circuit for a warrant to inspect the home or
premises inhabited by the deceased before death. The circuit court shall
issue the inspection warrant upon probable cause to believe that events
in the home or premises may have contributed to the death of the
child."
SECTION 7. The 1976 Code is amended by adding:
"Section 17-5-275. If the home or premises last inhabited by
a child is not the scene of the death of a child, the medical examiner,
while conducting an investigation of the death, may petition the circuit
court of the appropriate judicial circuit for a warrant to inspect the home
or premises inhabited by the deceased before death. The circuit court
shall issue the inspection warrant upon probable cause to believe that
events in the home or premises may have contributed to the death of the
child."
SECTION 8. Section 20-7-490(B) of the 1976 Code is amended to
read:
"(B) `Abused or neglected child' means a child whose
death results from or whose physical or mental health or welfare is
harmed or threatened with harm, as defined by items (C) and (D) of
this Section, by the acts or omissions of his parent, guardian, or
other person responsible for his welfare."
SECTION 9. Section 20-7-510(A) of the 1976 Code is amended to
read:
"(A) Any physician, nurse, dentist, optometrist, medical
examiner or coroner, or employee of a county medical examiner's or
coroner's office, or any other medical, emergency medical
services, mental health or allied health professional, Christian
Science Practitioner, religious healer, school teacher or counselor, social
or public assistance worker, child care worker in any day care center or
child caring institution, police or law enforcement officer,
undertaker, funeral home director, or employee of a funeral home,
or any judge having reason to believe that a child's physical or mental
health or welfare has been or may be adversely affected by abuse or
neglect is required to report or cause a report to be made in
accordance with this section."
SECTION 10. Section 20-7-690(C) of the 1976 Code, as last
amended by Act 441 of 1988, is further amended by adding
appropriately numbered items to read:
"( ) County medical examiners or coroners who are
investigating the death of a child in accordance with Section 17-5-140,
17-5-150, or 17-5-265; and
( ) The State Team in accordance with the exercise of its purpose
and duties pursuant to Article 26, Chapter 7, Title 20."
SECTION 11. Section 44-63-110 of the 1976 Code, as last amended
by Act 341 of 1988, is further amended to read:
"Section 44-63-110. For making, furnishing, or certifying any
card, certificate, or certified copy of the record, for filing a record
amendment according to the provisions of Section 44-63-60,
44-63-80, 44-63-90, or 44-63-100, or for searching the record,
when no card, certificate, or certified copy is made, a fee in an amount
as determined by the Board of Health and Environmental Control must
be paid by the applicant. The amount of the fee established by the board
may not exceed the cost of the services performed and to the extent
possible must be charged on a uniform basis throughout the State.
However, a two dollar surcharge must be added to the fee amount
for an original death certificate as determined by the Board of Health
and Environmental Control and the surcharge must be remitted to the
General Fund and appropriated for the use of the State Child Fatality
Review Team. When verification of the facts contained in these
records is needed for Veterans' Administration purposes in connection
with a claim, it must be furnished without charge to the South Carolina
Department of Veterans' Affairs or to a county veterans' affairs officer
upon request and upon the furnishing of satisfactory evidence that the
request is for the purpose authorized in this chapter."
SECTION 12. The State Fatalities Review Team, created in Section
20-7-5910, as contained in Section 3 of this act, shall hold its first
meeting within one month of this act's effective date.
SECTION 13. The Department of Social Services shall transfer all
funds and positions related to the child fatality review process in that
agency to the Center for Family in Society, the University of South
Carolina, to be used as staff support for the State Team.
SECTION 14. This act takes effect upon approval by the Governor.
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