620.055 External child fatality and near fatality review panel -- Creation --
1,926 words·~9 min read·
/ky/620-055A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Members -- Meetings -- Duties -- Responsibilities -- Information required to be
provided to members -- Report and response -- Annual reports --
Confidentiality -- Destruction of information following conclusion of panel's
examination -- Application of open records and open meetings law --
Limitation of liability -- Proceedings are privileged -- Annual evaluation of
panel's work.
(1)An external child fatality and near fatality review panel is hereby created and
established for the purpose of conducting comprehensive reviews of child fatalities
and near fatalities, reported to the Cabinet for Health and Family Services,
suspected to be a result of abuse or neglect. The panel shall be attached to the
Justice and Public Safety Cabinet for staff and administrative purposes.
(2)The external child fatality and near fatality review panel shall be composed of the
following five
(5)ex officio nonvoting members and seventeen
(17)voting
members:
(a)Two
(2)members of the Kentucky General Assembly, one
(1)appointed by
the President of the Senate and one
(1)appointed by the Speaker of the House
of Representatives, who shall be ex officio nonvoting members;
(b)The commissioner of the Department for Community Based Services, who
shall be an ex officio nonvoting member;
(c)The commissioner of the Department for Public Health, who shall be an ex
officio nonvoting member;
(d)A family court judge selected by the Chief Justice of the Kentucky Supreme
Court, who shall be an ex officio nonvoting members;
(e)A pediatrician from the University of Kentucky's Department of Pediatrics
who is licensed and experienced in forensic medicine relating to child abuse
and neglect to be selected by the Attorney General from a list of three
names provided by the dean of the University of Kentucky School of
Medicine;
(f)A pediatrician from the University of Louisville's Department of Pediatrics
who is licensed and experienced in forensic medicine relating to child abuse
and neglect to be selected by the Attorney General from a list of three
names provided by the dean of the University of Louisville School of
Medicine;
(g)The state medical examiner or designee;
(h)A court-appointed special advocate
(CASA)program director to be selected
by the Attorney General from a list of three
(3)names provided by the
Kentucky CASA Association;
(i)A peace officer with experience investigating child abuse and neglect
fatalities and near fatalities to be selected by the Attorney General from a list
of three
(3)names provided by the commissioner of the Kentucky State
Police;
(j)A representative from Prevent Child Abuse Kentucky, Inc. to be selected by
the Attorney General from a list of three
(3)names provided by the president
of the Prevent Child Abuse Kentucky, Inc. board of directors;
(k)A practicing local prosecutor to be selected by the Attorney General;
(l)The executive director of the Kentucky Domestic Violence Association or the
executive director's designee;
(m)The chairperson of the State Child Fatality Review Team established in
accordance with KRS 211.684 or the chairperson's designee;
(n)A practicing social work clinician to be selected by the Attorney General from
a list of three
(3)names provided by the Board of Social Work;
(o)A practicing addiction counselor to be selected by the Attorney General from
a list of three
(3)names provided by the Kentucky Association of Addiction
Professionals;
(p)A representative from the family resource and youth service centers to be
selected by the Attorney General from a list of three
(3)names submitted by
the Cabinet for Health and Family Services;
(q)A representative of a community mental health center to be selected by the
Attorney General from a list of three
(3)names provided by the Kentucky
Association of Regional Mental Health and Mental Retardation Programs,
Inc.;
(r)A member of a citizen foster care review board selected by the Chief Justice
of the Kentucky Supreme Court;
(s)An at-large representative who shall serve as chairperson to be selected by the
Secretary of State;
(t)The president of the Kentucky Coroners Association; and
(u)A practicing medication-assisted treatment provider to be selected by the
Attorney General from a list of three
(3)names provided by the Kentucky
Board of Medical Licensure.
(a)By August 1, 2013, the appointing authority or the appointing authorities, as
the case may be, shall have appointed panel members. Initial terms of
members, other than those serving ex officio, shall be staggered to provide
continuity. Initial appointments shall be: five
(5)members for terms of one
year, five
(5)members for terms of two
(2)years, and five
(5)members for
terms of three
(3)years, these terms to expire, in each instance, on June 30
and thereafter until a successor is appointed and accepts appointment.
(b)Upon the expiration of these initial staggered terms, successors shall be
appointed by the respective appointing authorities, for terms of two
(2)years,
and until successors are appointed and accept their appointments. Members
shall be eligible for reappointment. Vacancies in the membership of the panel
shall be filled in the same manner as the original appointments.
(c)At any time, a panel member shall recuse himself or herself from the review
of a case if the panel member believes he or she has a personal or private
conflict of interest.
(d)If a voting panel member is absent from two
(2)or more consecutive,
regularly scheduled meetings, the member shall be considered to have
resigned and shall be replaced with a new member in the same manner as the
original appointment.
(e)If a voting panel member is proven to have violated subsection
(13)of this
section, the member shall be removed from the panel, and the member shall
be replaced with a new member in the same manner as the original
appointment.
(4)The panel shall meet at least quarterly and may meet upon the call of the
chairperson of the panel.
(5)Members of the panel shall receive no compensation for their duties related to the
panel, but may be reimbursed for expenses incurred in accordance with state
guidelines and administrative regulations.
(6)Each panel member shall be provided copies of all information set out in this
subsection, including but not limited to records and information, upon request, to be
gathered, unredacted, and submitted to the panel within thirty
(30)days by the
Cabinet for Health and Family Services from the Department for Community Based
Services or any agency, organization, or entity involved with a child subject to a
fatality or near fatality:
(a)Cabinet for Health and Family Services records and documentation regarding
the deceased or injured child and his or her caregivers, residents of the home,
and persons supervising the child at the time of the incident that include all
records and documentation set out in this paragraph:
1. All prior and ongoing investigations, services, or contacts;
2. Any and all records of services to the family provided by agencies or
individuals contracted by the Cabinet for Health and Family Services;
and
3. All documentation of actions taken as a result of child fatality internal
reviews conducted pursuant to KRS 620.050(12)(b);
(b)Licensing reports from the Cabinet for Health and Family Services, Office of
Inspector General, if an incident occurred in a licensed facility;
(c)All available records regarding protective services provided out of state;
(d)All records of services provided by the Department for Juvenile Justice
regarding the deceased or injured child and his or her caregivers, residents of
the home, and persons involved with the child at the time of the incident;
(e)Autopsy reports;
(f)Emergency medical service, fire department, law enforcement, coroner, and
other first responder reports, including but not limited to photos and
interviews with family members and witnesses;
(g)Medical records regarding the deceased or injured child, including but not
limited to all records and documentation set out in this paragraph:
1. Primary care records, including progress notes; developmental
milestones; growth charts that include head circumference; all
laboratory and X-ray requests and results; and birth record that includes
record of delivery type, complications, and initial physical exam of
baby;
2. In-home provider care notes about observations of the family, bonding,
others in home, and concerns;
3. Hospitalization and emergency department records;
4. Dental records;
5. Specialist records; and
6. All photographs of injuries of the child that are available;
(h)Educational records of the deceased or injured child, or other children residing
in the home where the incident occurred, including but not limited to the
records and documents set out in this paragraph:
1. Attendance records;
2. Special education services;
3. School-based health records; and
4. Documentation of any interaction and services provided to the children
and family.
The release of educational records shall be in compliance with the Family
Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g and its
implementing regulations;
(i)Head Start records or records from any other child care or early child care
provider;
(j)Records of any Family, Circuit, or District Court involvement with the
deceased or injured child and his or her caregivers, residents of the home and
persons involved with the child at the time of the incident that include but are
not limited to the juvenile and family court records and orders set out in this
paragraph, pursuant to KRS Chapters 199, 403, 405, 406, and 600 to 645:
1. Petitions;
2. Court reports by the Department for Community Based Services,
guardian ad litem, court-appointed special advocate, and the Citizen
Foster Care Review Board;
3. All orders of the court, including temporary, dispositional, or
adjudicatory; and
4. Documentation of annual or any other review by the court;
(k)Home visit records from the Department for Public Health or other services;
(l)All information on prior allegations of abuse or neglect and deaths of children
of adults residing in the household;
(m)All law enforcement records and documentation regarding the deceased or
injured child and his or her caregivers, residents of the home, and persons
involved with the child at the time of the incident; and
(n)Mental health records regarding the deceased or injured child and his or her
caregivers, residents of the home, and persons involved with the child at the
time of the incident.
(7)The panel may seek the advice of experts, such as persons specializing in the fields
of psychiatric and forensic medicine, nursing, psychology, social work, education,
law enforcement, family law, or other related fields, if the facts of a case warrant
additional expertise.
(8)The panel shall post updates after each meeting to the website of the Justice and
Public Safety Cabinet regarding case reviews, findings, and recommendations.
(9)The panel chairperson, or other requested persons, shall report a summary of the
panel's discussions and proposed or actual recommendations to the Interim Joint
Committee on Families and Children of the Kentucky General Assembly monthly
or at the request of a committee co-chair. The goal of the committee shall be to
ensure impartiality regarding the operations of the panel during its review process.
(a)The panel shall publish an annual report by February 1 of each year consisting
of case reviews, findings, and recommendations for system and process
improvements to help prevent child fatalities and near fatalities that are due to
abuse and neglect. The report shall be submitted to the Governor, the
secretary of the Cabinet for Health and Family Services, the Chief Justice of
the Supreme Court, the Attorney General, the State Child Abuse and Neglect
Prevention Board established pursuant to KRS 15.905, and the director of the