(a)The Maternal and Child Death Review Commission is hereby established.
(b)The following are members of the Commission: The State Attorney General, the Secretary of the Department of Services to Children, Youth and Their Families, the person appointed as the Child Advocate pursuant to § 9003A of Title 29, the Secretary of Education, the Division of Forensic Sciences’ Chief Medical Examiner, the Director of the Division of Public Health, the Director of the Division of Medicaid and Medical Assistance, the Director of the Division of Substance Abuse and Mental Health, and the Superintendent of the Delaware State Police, or the designee of any of the preceding persons. Additionally, the following shall be appointed by the Governor as members of the Commission:
(1)A representative of the
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(a) The Maternal and Child Death Review Commission is hereby established.
(b) The following are members of the Commission: The State Attorney General, the Secretary of the Department of Services to Children, Youth and Their Families, the person appointed as the Child Advocate pursuant to § 9003A of Title 29, the Secretary of Education, the Division of Forensic Sciences’ Chief Medical Examiner, the Director of the Division of Public Health, the Director of the Division of Medicaid and Medical Assistance, the Director of the Division of Substance Abuse and Mental Health, and the Superintendent of the Delaware State Police, or the designee of any of the preceding persons. Additionally, the following shall be appointed by the Governor as members of the Commission:
(1) A representative of the Medical Society of Delaware specializing in each of pediatrics, neonatology, obstetrics, and perinatology.
(2) A representative of the Delaware Nurses Association.
(3) A licensed mental health professional.
(4) A representative of the Police Chiefs’ Council of Delaware who is an active law-enforcement officer.
(5) A representative of the New Castle County Police Department.
(6) One maternal and 1 child advocate from statewide nonprofit organizations.
(7) An individual who is a certified midwife or certified professional midwife.
A Chairperson of each regional child death review panel, each maternal death panel, and each Fetal and Infant Mortality Review Case Review Team established pursuant to subsections (f) and (g) of this section shall also serve as members of the Commission. The term of members appointed by the Governor shall be 3 years and shall terminate upon the Governor’s appointment of a new member to the Commission. In making appointments to the Commission, the Governor shall consider representation on the panel of Black, Indigenous, and other persons of color in the membership. The members of the Commission, regional panels, Case Review Teams, and Community Action Teams shall serve without compensation. The Commission shall be staffed, and its staff shall include an Executive Director. The Executive Director shall be hired and supervised by the executive committee of the Commission. The General Assembly may annually appropriate such sums as it may deem necessary for the payment of the salary of the Executive Director and the staff, and for the payment of actual expenses incurred by the Commission.
(c) The Commission shall, by affirmative vote of a majority of all members of the Commission, appoint a chairperson from its membership for a term of 1 year. The Commission shall meet at least semi-annually.
(d) (1) Meetings of the Commission, regional panels, Case Review Teams, and Community Action Teams are closed to the public.
(2) The Commission shall meet at least annually with the Child Protection Accountability Commission to jointly discuss any findings or recommendations released to the public from reviews conducted under § 932 of Title 16, and this meeting is open to the public.
(3) The Commission shall meet at least annually with the Delaware Perinatal Quality Collaborative at 1 of its 2 public meetings to jointly discuss any findings and recommendations released to the public from reviews conducted under § 323 of this title and this meeting is open to the public.
(e) The Commission shall by resolution passed by a majority of its members establish at least 1 but no more than 3 regional panels authorized to review child deaths. For good cause shown to the Commission, any panel may investigate and review any death or stillbirth entitled to review by the Commission. Members of the Commission shall appoint representatives to each regional panel such that the regional panel reflects the disciplines of the Commission. The members of such panel, together with any staff, contractors, or volunteers designated to assist the panel, are agents of the Commission under § 324 of this title. The Commission shall also appoint to each regional panel all of the following:
(1) A representative from each of the 3 police departments that investigate the majority of child deaths in the region covered by the panel.
(2) A citizen of the region interested in child death and stillbirth issues.
(f) The Commission shall by resolution passed by a majority of its members establish Fetal and Infant Mortality Review Case Review Teams and Community Action Teams based on the National Fetal and Infant Mortality Review Program model.
(g) Each regional panel and the Fetal and Infant Mortality Review Case Review Teams shall have the powers, duties, and authority of the Commission as delegated by the Commission. Each regional panel and Fetal and Infant Mortality Review Case Review Team shall, by affirmative vote of a majority of all members of that regional panel or team, appoint co-chairpersons from its membership for a term of 1 year.
(h) The Commission shall by resolution passed by a majority of its members establish 1 regional panel authorized to review maternal deaths. The panel shall include a citizen interested in maternal mortality issues.