Current Status Introducing Body:Senate Bill Number:567 Ratification Number:183 Act Number:158 Primary Sponsor:Moore Type of Legislation:GB Subject:Child Fatality Review and Prevention Act Companion Bill Number:3741 Date Bill Passed both Bodies:19930602 Computer Document Number:436/11062AC.93 Governor's Action:S Date of Governor's Action:19930615 Introduced Date:19930318 Date of Last Amendment:19930601 Last History Body:------ Last History Date:19930615 Last History Type:Act No. 158 Scope of Legislation:Statewide All Sponsors:Moore Short Jackson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
567 ------ 19930615 Act No. 158
567 ------ 19930615 Signed by Governor
567 ------ 19930610 Ratified R 183
567 House 19930602 Concurred in Senate
amendment, enrolled for
ratification
567 Senate 19930601 House amendments amended,
returned to House
567 House 19930528 Read third time, returned to
Senate with amendment
567 House 19930527 Amended, read second time,
unanimous consent for third
reading on Friday, May 28,
1993
567 House 19930527 Objection by Representative Simrill
Kirsh
567 House 19930526 Objection withdrawn by Lanford
Representative
567 House 19930526 Debate adjourned until
Thursday, May 27, 1993
567 House 19930526 Objection by Representative Robinson
Lanford
Trotter
567 House 19930511 Introduced, read first time,
placed on Calendar without
reference
567 Senate 19930506 Amended, read third time,
sent to House
567 Senate 19930429 Read second time, ordered to
third reading with notice of
general amendments
567 Senate 19930429 Committee Report: Favorable 08
with amendment
567 Senate 19930318 Introduced, read first time, 08
referred to Committee
View additional legislative information at the LPITS web site.
(A158, R183, S567)
AN ACT 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 DEPARTMENT OF CHILD FATALITIES IN THE STATE LAW ENFORCEMENT DIVISION AND TO PROVIDE FOR ITS DUTIES AND FUNCTIONS, TO ESTABLISH THE STATE CHILD FATALITY ADVISORY COMMITTEE, AND 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 DEPARTMENT OF CHILD FATALITIES 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 EMPLOYEES OF A CORONER OR A MEDICAL EXAMINER, UNDERTAKER, FUNERAL HOME DIRECTOR, OR THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE THAT CONFIDENTIALITY PROVISIONS DO NOT APPLY TO REQUESTS FOR INFORMATION BY THE DEPARTMENT OF CHILD FATALITIES; 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, THE DEPARTMENT OF CHILD FATALITIES, AND THE ADVISORY COMMITTEE; 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 DEPARTMENT OF CHILD FATALITIES.
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:
Citation to act
SECTION 1. This act may be cited as the "South Carolina Child Fatality Review and Prevention Act".
State policy
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 the Department of Child Fatalities is necessary to achieve the department's 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.
Creation of SLED Department of Child Fatalities and State Advisory Committee; purposes; duties; confidentiality
SECTION 3. Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-5900. For purposes of this article:
(1) `Child' means a person under eighteen years of age.
(2) `Committee' means the State Child Fatality Advisory Committee.
(3) `Department' means the State Law Enforcement Division's Department of Child Fatalities.
(4) `Local child protective services agency' means the county department of social services for the jurisdiction where a deceased child resided.
(5) `Meeting' means both in-person meetings and meetings through telephone conferencing.
(6) `Preventable death' means a death which reasonable medical, social, legal, psychological, or educational intervention may have prevented.
(7) `Provider of medical care' means a licensed health care practitioner who provides, or a licensed health care facility through which is provided, medical evaluation or treatment, including dental and mental health evaluation or treatment.
(8) `Working day' means Monday through Friday, excluding official state holidays.
(9) `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 20-7-5905. There is created within the State Law Enforcement Division (SLED) the Department of Child Fatalities which is under the supervision of the Chief of SLED.
Section 20-7-5910. (A) There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:
(1) the Commissioner of the South Carolina Department of Social Services;
(2) the Commissioner of the South Carolina 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; and
(13) a solicitor.
(B) 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 and solicitor 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 committee must be elected from among the members by a majority vote of the membership for a term of two years.
(D) Meetings of the committee must be held at least quarterly. A majority of the committee constitutes a quorum.
(E) Each ex officio member shall provide sufficient staff and administrative support to carry out the responsibilities of this article.
Section 20-7-5915. (A) The purpose of the department is to expeditiously investigate child deaths in all counties of the State.
(B) To achieve its purpose, the department shall:
(1) upon receipt of a report of a child death from the county coroner or medical examiner, as required by Sections 17-5-140 and 17-5-265, investigate and gather all information on the child fatality. The coroner or medical examiner immediately shall request an autopsy if SLED determines that an autopsy is necessary. The autopsy must be performed by a forensic pathologist as soon as possible. The forensic pathologist shall inform the department of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the department. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the department immediately shall begin an investigation;
(2) request assistance of any other local, county, or state agency to aid in the investigation;
(3) upon receipt of additional investigative information, reopen a case for another coroner's inquest;
(4) upon receipt of the notification required by item (1), review agency records for information regarding the deceased child or family. Information available to the department pursuant to Section 20-7-5930 and information which is public under Chapter 4, Title 30, the Freedom of Information Act, must be available as needed to the county coroner or medical examiner and county department of social services;
(5) report the activities and findings related to a child fatality to the State Child Fatality Advisory Committee;
(6) develop a protocol for child fatality reviews;
(7) develop a protocol for the collection of data regarding child deaths as related to Sections 17-5-140 and 17-5-265 and provide training to local professionals delivering services to children, county coroners and medical examiners, and law enforcement agencies on the use of the protocol;
(8) study 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 investigations;
(9) 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 department identifies a statute, regulation, policy, or procedure that impedes the necessary exchange of information, the department shall notify the committee and the agencies serving on the committee and the committee shall include proposals for changes to statutes, regulations, policies, or procedures in the committee's annual report;
(10) develop a Forensic Pathology Network available to coroners and medical examiners for prompt autopsy findings;
(11) submit to the Governor and the General Assembly, an annual report and any other reports prepared by the department, including, but not limited to, the department's findings and recommendations;
(12) promulgate regulations necessary to carry out its purposes and responsibilities under this article.
Section 20-7-5920. The purpose of the State Child Fatality Advisory Committee is to decrease the incidences of preventable child deaths by:
(1) developing an understanding of the causes and incidences of child deaths;
(2) developing plans for and implementing changes within the agencies represented on the committee 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 committee shall:
(1) meet with the department no later than one month after the department receives notification by the county medical examiner or coroner pursuant to Section 17-5-140 or 17-5-265 to review the investigation of the death;
(2) undertake annual statistical studies of the incidences 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;
(3) the committee shall consider training, including cross-agency training, consultation, technical assistance needs, and service gaps. If the committee determines that changes to any statute, regulation, policy, or procedure is needed to decrease the incidence of preventable child deaths, the committee shall include proposals for changes to statutes, regulations, policies, and procedures in the committee's annual report;
(4) educate the public regarding the incidences and causes of child deaths, the public role in preventing these deaths, and specific steps the public can undertake to prevent child deaths. The committee shall enlist the support of civic, philanthropic, and public service organizations in performing the committee's education duties;
(5) develop and implement policies and procedures for its own governance and operation;
(6) submit to the Governor and the General Assembly, an annual written report and any other reports prepared by the committee, including, but not limited to, the committee's findings and recommendations. Annual reports must be made available to the public.
Section 20-7-5930. Upon request of the department and as necessary to carry out the department's purpose and duties, the department 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 department, 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, including information made strictly confidential in Section 20-7-650 concerning unfounded reports of abuse or neglect.
Section 20-7-5940. When necessary in the discharge of the duties of the department and upon application of the department, the clerks of 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 department'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 committee and department are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the committee and department are discussing individual cases of child deaths.
(B) Except as provided in subsection (C), meetings of the committee are open to the public and subject to the Freedom of Information Act when the committee 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) 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 committee and by the department in the exercise of their purposes 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 committee's and department's duties and purposes.
(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 committee and department 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 committee's and department's purposes and duties, members of the committee and department and persons attending their 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 committee, persons attending a committee meeting, and persons who present information to the committee may not be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information.
(F) Information, documents, and records of the committee and department are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department.
(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 than six months, or both."
Coroner duty to report death of a child
SECTION 4. The 1976 Code is amended by adding:
"Section 17-5-140. The county coroner within twenty-four hours or one working day, whichever occurs first, shall notify the department when a child dies in any county of the State:
(1) as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or
(2) when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.
For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."
Medical examiner duty to report death of a child
SECTION 5. The 1976 Code is amended by adding:
"Section 17-5-265. The county medical examiner within twenty-four hours or one working day, whichever occurs first, shall notify the department when a child dies in any county of the State:
(1) as a result of violence, when unattended by a physician, and in any suspicious or unusual manner; or
(2) when the death is unexpected and unexplained including, but not limited to, possible sudden infant death syndrome.
For the purposes of this section, a child is not considered to be `unattended by a physician' when a physician has, before death, provided diagnosis and treatment following a fatal injury."
Coroner may petition for inspection warrant
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 local magistrate of the appropriate judicial circuit for a warrant to inspect the home or premises inhabited by the deceased before death. The local magistrate 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."
Medical examiner may petition for inspection warrant
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."
Definition
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), by the acts or omissions of his parent, guardian, or other person responsible for his welfare."
Professionals required to report child abuse
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 in accordance with this section."
Confidential does not apply to department request for information
SECTION 10. Section 20-7-650(F) of the 1976 Code is amended by adding at the end:
"However, the confidentiality and disclosure provisions of this subsection do not apply to information requested by the Department of Child Fatalities pursuant to Section 20-7-5930; and the information pertaining to an unfounded case must be released to the Department of Child Fatalities when the request is made pursuant to Section 20-7-5930."
Who may receive reports of abuse and neglect
SECTION 11. 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 Child Fatality Advisory Committee and the Department of Child Fatalities in accordance with the exercise of their purposes and duties pursuant to Article 26, Chapter 7, Title 20."
First meeting of advisory committee
SECTION 12. The State Child Fatalities Advisory Committee, created in Section 20-7-5910 of the 1976 Code, as contained in Section 3 of this act, shall hold its first meeting within one month of this act's effective date.
Department to be formed within one month
SECTION 13. The Child Fatalities Department, created in Section 20-7-5910 of the 1976 Code, as contained in Section 3 of this act, must be formed within one month of this act's effective date.
Transfer of funds, property, etc. to Department of Child Fatalities
SECTION 14. The South Carolina Department of Social Services shall transfer all funds, positions, records, property, and equipment related to the child fatality review process in that agency to the Department of Child Fatalities.
Time effective
SECTION 15. This act takes effect upon approval by the Governor.
Approved the 15th day of June, 1993.