§ 16-49-4-5 — Assisting local child fatality review team; records from hospitals, physicians, coroners, law enforcement officers, or mental health professionals; immunity from liability; confidential; not subject to subpoena or discovery or admissible as evidence

(a) Upon request by a local child fatality
review team or the department of child services ombudsman
established by IC 4-13-19-3, the statewide child fatality review
committee shall assist a local child fatality review team or conduct a
review of the death of a child that occurred in Indiana if:
(1) the death of the child is:
(A) sudden;
(B) unexpected;
(C) unexplained; or
(D) assessed by the department of child services for alleged
abuse or neglect that resulted in the death of the child; or
(2) the coroner in the area in which the child's death occurred
determines that the cause of the death of the child is:
(A) undetermined; or
(B) the result of a homicide, suicide, or accident.
(b) In conducting a child fatality review under subsection (a), the
statewide child fatality review committee may review all applicable
records and information related to the death 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) Subject to IC 34-30-15, if the statewide child fatality review
committee requests records from a hospital, physician, coroner, law
enforcement officer, or mental health professional regarding a death
that the statewide child fatality review committee is investigating, the
hospital, physician, coroner, law enforcement officer, or mental health
professional shall provide the requested records to the statewide child
fatality review committee.
(d) A person who provides records in accordance with subsection
(c) 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 such disclosure.
(e) Except as otherwise provided in this article, information and
records acquired by the statewide child fatality review committee in the
exercise of its duties under this chapter are confidential and exempt
from disclosure.
(f) Records, information, documents, and reports acquired or
produced by the statewide child 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
child fatality review committee.

Legislative History

As added by P.L.119-2013, SEC.3. Amended by P.L.56-2023, SEC.174.