§ 12-18-9-7 — Statewide domestic violence fatality review committee jurisdiction

Indiana § 12-18-9-7

• Jurisdiction: Indiana
• Art. 18: FAMILY PROTECTION SERVICES
• Ch. 9: Statewide Domestic Violence Fatality Review

Text

(a) Upon request by a local domestic violence
fatality review team, the statewide domestic violence fatality review
committee shall assist the local domestic violence fatality review team
or conduct a review of a death or near fatality that occurred in Indiana
as permitted by subsection (c).
(b) In the absence of a county or regional domestic violence fatality
review team established under IC 12-18-8, the statewide domestic
violence fatality review committee may conduct a review of a death or
near fatality that occurred in Indiana as permitted by subsection (c).
(c) A death or near fatality occurring in Indiana may be reviewed by
the statewide domestic violence fatality review committee under
subsection (a) or (b) if:
(1) the death results from:
(A) domestic violence; or
(B) suicide, in a case of domestic violence; or
(2) the near fatality occurs when a victim of domestic violence
suffers a life threatening injury.
(d) In conducting a domestic violence fatality review under this
section, the statewide domestic violence fatality review committee may
review all applicable records and information related to the death,
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.
(e) Subject to IC 34-30-15, if the statewide domestic violence
fatality review committee requests records from a hospital, physician,
coroner, law enforcement officer, or mental health professional
regarding a death that the statewide domestic violence fatality review
committee is investigating, the hospital, physician, coroner, law
enforcement officer, or mental health professional shall provide the
requested records to the statewide domestic violence fatality review
committee.
(f) A person who provides records in accordance with subsection (d)
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.
(g) Except as otherwise provided in this article, information and
records acquired by the statewide domestic violence fatality review
committee in the exercise of its duties under this chapter are
confidential and exempt from disclosure.
(h) Records, information, documents, and reports acquired or
produced by the statewide domestic violence 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
domestic violence fatality review committee.

Legislative History

As added by P.L.258-2017, SEC.13. Amended by P.L.56-2023, SEC.124.