Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 5. (a) Upon request by a local child fatality review team or the department of child services ombudsman established by IC 4-13-19-3, the statewide child fatality review committee shall assist a local child fatality review team or conduct a review of the death of a child that occurred in Indiana if:
(1) the death of the child is:
(A) sudden;
(B) unexpected;
(C) unexplained; or
(D) assessed by the department of child services for alleged abuse or neglect that resulted in the death of the child; or
(2) the coroner in the area in which the child's death occurred determines that the cause of the death of the child is:
(A) undetermined; or
(B) the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a), the statewide child fatality review committee may review all applicable records and information related to the death of the child, including the following:
(1) Records held by the:
(A) state department or local health department; and
(B) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(c) Subject to IC 34-30-15, if the statewide child fatality review committee requests records from a hospital, physician, coroner, law enforcement officer, or mental health professional regarding a death that the statewide child fatality review committee is investigating, the hospital, physician, coroner, law enforcement officer, or mental health professional shall provide the requested records to the statewide child fatality review committee.
(d) A person who provides records in accordance with subsection (c) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of such disclosure.
(e) Except as otherwise provided in this article, information and records acquired by the statewide child fatality review committee in the exercise of its duties under this chapter are confidential and exempt from disclosure.
(f) Records, information, documents, and reports acquired or produced by the statewide child fatality review committee are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the statewide child fatality review committee.
Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-49-4-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-49-4-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)