211.684 Authorization to establish state child fatality review team -- Establishment
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/ky/211-684A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of state maternal fatality review team -- Annual report on child and maternal
fatalities to include demographics of race, ethnicity, and geography -- Privilege
in civil actions.
(1)For the purposes of KRS Chapter 211:
(a)"Child fatality" means the death of a person under the age of eighteen
years; and
(b)"Maternal fatality" means the death of a woman during pregnancy and within
one
(1)year of the end of the pregnancy.
(2)The Department for Public Health may establish a state child fatality review team.
The state child fatality review team may include representatives of public health,
social services, law enforcement agencies with investigation responsibilities for
child fatalities, the offices of Commonwealth's and county attorneys, coroners,
health-care providers, and other agencies or professions deemed appropriate by the
commissioner of the department.
(3)If a state child fatality review team is created, the duties of the state team may
include but not be limited to the following:
(a)Develop and distribute a model protocol for local child fatality response teams
for the investigation of child fatalities;
(b)Facilitate the development of local child fatality response teams, as permitted
under KRS 211.686, including but not limited to providing joint training
opportunities and, upon request, providing technical assistance;
(c)Review and approve local protocols prepared and submitted by local teams;
(d)Receive data and information on child fatalities and analyze the information
to identify trends, patterns, and risk factors;
(e)Evaluate the effectiveness of prevention and intervention strategies adopted;
(f)Recommend changes in state programs, legislation, administrative
regulations, policies, budgets, and treatment and service standards which may
facilitate strategies for prevention and reduce the number of child fatalities;
and
(g)Cooperate, as appropriate, with the external child fatality and near fatality
review panel established by KRS 620.055 upon request.
(4)The department shall establish a state maternal fatality review team. The state
maternal fatality review team may include representatives of public health, social
services, law enforcement, coroners, health-care providers, and other agencies or
professions deemed appropriate by the commissioner of the department.
(5)The duties of the state maternal fatality review team may include but not be limited
to the following:
(a)Receive data and information on maternal fatalities and analyze the
information to identify trends, patterns, and risk factors;
(b)Evaluate the effectiveness of prevention and intervention strategies adopted;
and
(c)Recommend changes in state programs, legislation, administrative
regulations, policies, budgets, and treatment and service standards which may
facilitate strategies for prevention and reduce the number of maternal
fatalities.
(6)The department shall prepare an annual report to be submitted no later than
November 1 of each year to the Governor, the Legislative Research Commission
for referral to the Interim Joint Committee on Families and Children and the Interim
Joint Committee on Health Services, the Chief Justice of the Kentucky Supreme
Court, and to be made available to the citizens of the Commonwealth. The report
shall include a statistical analysis, including but not limited to Medicaid, Kentucky
Children's Health Insurance Program, or other health benefit coverage, race,
ethnicity, and geography, of the incidence and causes of child and maternal
fatalities in the Commonwealth during the past fiscal year and recommendations for
action. The report shall not include any information which would identify specific
child and maternal fatality cases. Separate reports may be submitted for the state
child fatality review team and the state maternal fatality review team.
(7)The proceedings, records, opinions, and deliberations of the state child fatality
review team and of the state maternal fatality review team shall be privileged and
shall not be subject to discovery, subpoena, or introduction into evidence in any
civil action in any manner that would directly or indirectly identify specific persons
or cases reviewed by the state child fatality review team or the state maternal
fatality review team. Nothing in this subsection shall be construed to restrict or limit
the right to discover or use in any civil action any evidence that is discoverable
independent of the proceedings of the state child fatality review team or the state
maternal fatality review team.