Indiana § 16-49-3-3 Review; records and information; not subject to subpoena or discovery
or admissible as evidence

Indiana Statutes

§ 16-49-3-3 — Review; records and information; not subject to subpoena or discovery or admissible as evidence

Indiana·Title 16 HEALTH·Art. 49 CHILD FATALITY REVIEWS·Ch. 3 Local Child Fatality Review Teams

(a)A local child fatality review team:

(1)shall review the death of a child whose death incident occurred in the area served by the local child fatality review team and may review the death of a child whose death occurred in the area served by the local child fatality review team if:

(A)the death of the child is:

(i)sudden;

(ii)unexpected;

(iii)unexplained; or

(iv)assessed by the department of child services for alleged abuse or neglect that resulted in the death of the child; or

(B)the coroner in the area where the death occurred determines that the cause of the death of the child is:

(i)undetermined; or

(ii)the result of a homicide, suicide, or accident; and

(2)may, at its discretion, review the near fatality of a child whose incident or injury occurred in the area served by t

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(a) A local child fatality review team:
(1) shall review the death of a child whose death incident
occurred in the area served by the local child fatality review team
and may review the death of a child whose death occurred in the
area served by the local child fatality review team if:
(A) the death of the child is:
(i) sudden;
(ii) unexpected;
(iii) unexplained; or
(iv) assessed by the department of child services for alleged
abuse or neglect that resulted in the death of the child; or
(B) the coroner in the area where the death occurred determines
that the cause of the death of the child is:
(i) undetermined; or
(ii) the result of a homicide, suicide, or accident; and
(2) may, at its discretion, review the near fatality of a child whose
incident or injury occurred in the area served by the local child
fatality review team.
(b) In conducting a child fatality review under subsection (a), the
local child fatality review team may review all applicable records and
information related to the death or near fatality 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) Except as otherwise provided under this article, information and
records acquired by the local child fatality review team in the exercise
of its duties under this chapter are confidential and exempt from
disclosure.
(d) Records, information, documents, and reports acquired or
produced by a local child 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 a local child
fatality review team.

Indiana § 16-49-3-3 (Review; records and information; not subject to subpoena or discovery or admissible as evidence) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.