Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 287 be amended to read as follows:

SOURCE: Page 119, line 9; (12)MO028719.119. -->     Page 119, between lines 9 and 10, begin a new paragraph and insert:
SOURCE: IC 31-33-24-7; (12)MO028719.156. -->     "SECTION 156. IC 31-33-24-7, AS AMENDED BY P.L.225-2007, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) A child fatality review consists of determining:
        (1) whether similar future deaths could be prevented; and
        (2) agencies or resources that should be involved to adequately prevent future deaths of children;
         (3) whether any party or state agency may have violated any law; and
        (4) whether a potential criminal act should be referred to the prosecuting attorney.

    (b) In conducting the child fatality review under subsection (a), the local child fatality review team shall review every record concerning the deceased child that is held by the department.
    (c) If a local child fatality review team requests records from a hospital, physician, coroner, or mental health professional regarding a death that the local child fatality review team is investigating, the hospital, physician, coroner, or mental health professional shall provide the requested records, subject to IC 34-30-15, to the child fatality review team.
     (d) If a local child fatality review team determines that an individual person may have committed a criminal act, the local child fatality review team shall inform the prosecuting attorney of

the possible criminal act and shall forward to the prosecuting attorney all documents concerning the possible criminal act that the local child fatality review team possesses.

SOURCE: IC 31-33-24-16; (12)MO028719.157. -->     SECTION 157. IC 31-33-24-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. The department shall reimburse a county for all expenses incurred under this chapter.
SOURCE: IC 31-33-25-6; (12)MO028719.158. -->     SECTION 158. IC 31-33-25-6, AS AMENDED BY P.L.182-2009(ss), SECTION 381, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) The statewide child fatality review committee is established to review a child's death that is:
        (1) sudden;
        (2) unexpected; or
        (3) unexplained;
if the county where the child died does not have a local child fatality review team or if the local child fatality review team requests a review of the child's death by the statewide committee.
    (b) The statewide child fatality review committee may also review the death of a child upon request by an individual or the department of child services ombudsman established by IC 4-13-19-3.
    (c) A request submitted under subsection (b) must set forth:
        (1) the name of the child;
        (2) the age of the child;
        (3) the county where the child died;
        (4) whether a local child fatality review team reviewed the death; and
        (5) the cause of death of the deceased child.
    (d) In conducting a child fatality review, the statewide child fatality review committee shall determine whether:
        (1) any party or state agency may have violated any law; and
        (2) a potential criminal act should be referred to the prosecuting attorney.

If the statewide child fatality review committee determines that an individual person may have committed a criminal act, the statewide child fatality review committee shall inform the prosecuting attorney of the county where the incident occurred of
the possible criminal act and shall forward to the prosecuting attorney all documents concerning the possible criminal act that the statewide child fatality review committee possesses.
".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 287 as printed February 24, 2012.)

________________________________________

Representative DeLaney


MO028719/DI 107     2012