§ 12-18-8-8 — Information that a domestic violence fatality review team may include in a review; immunity

Indiana § 12-18-8-8

• Jurisdiction: Indiana
• Art. 18: FAMILY PROTECTION SERVICES
• Ch. 8: Domestic Violence Fatality Review Team

Text

(a) To complete its review of a death or near
fatality that it believes to have resulted from domestic violence, the
local domestic violence fatality review team may review all applicable
records and information related to the death or near fatality, including
the following:
(1) Records held by the:
(A) Indiana department of health or local health department;
and
(B) department of child services, subject to IC 31-33-18-2.
(2) Medical records.
(3) Law enforcement, court, and probation records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(b) Subject to IC 34-30-15, if the local domestic violence fatality
review team requests records from a hospital, physician, coroner, law
enforcement officer, or mental health professional regarding a death or
near fatality that the local domestic violence fatality review team is
investigating, the hospital, physician, coroner, law enforcement officer,
or mental health professional shall provide the requested records to the
local domestic violence fatality review team.
(c) A person who provides records in accordance with subsection
(b) 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 the disclosure of
the records.
(d) Except as otherwise provided in this article, information and
records acquired by the local domestic violence fatality review team in
the exercise of its duties under this chapter are confidential and exempt
from disclosure.
(e) Records, information, documents, and reports acquired or
produced by the local domestic violence fatality review team 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 local
domestic violence fatality review team.

Legislative History

As added by P.L.181-2003, SEC.6. Amended by P.L.97-2004, SEC.54; P.L.258-2017, SEC.7; P.L.56-2023, SEC.122.