§ 31-25-2-20.4 — Citizen review panels; membership; appointment; duties; response to report; prohibited acts

Indiana § 31-25-2-20.4

• Jurisdiction: Indiana
• Art. 25: CHILD SERVICES: ADMINISTRATION
• Ch. 2: General Duties of the Department of Child Services

Text

4. (a) The department shall establish at
least three (3) citizen review panels in accordance with the
requirements of the federal Child Abuse Prevention and Treatment Act
under 42 U.S.C. 5106a.
(b) A citizen review panel consists of volunteer members who
broadly represent the community in which the panel is established,
including members who have expertise in the prevention and treatment
of child abuse and neglect.
(c) The department shall appoint the citizen review panels in the
following manner:
(1) One (1) panel must be a community child protection team
established in a county under IC 31-33-3-1, selected by the
director of the department with the consent of the team.
(2) One (1) panel must be either:
(A) the statewide child fatality review committee established
under IC 16-49-4; or
(B) a local child fatality review team established under IC 16-49-2;
selected by the director of the department with the consent of the
committee or team.
(3) One (1) panel must be a foster care advisory panel consisting
of at least five (5) and not more than eleven (11) members,
selected to the extent feasible from the membership of any foster
care advisory group previously established or recognized by the
department. If the panel consists of seven (7) or fewer members,
the panel must include at least one (1) foster parent licensed by
the department and one (1) foster parent licensed by the
department through a child placing agency licensed under IC 31-27-6. If the panel consists of more than seven (7) members, the
panel must include two (2) foster parents licensed by the
department and two (2) foster parents licensed by the department
through a child placing agency licensed under IC 31-27-6.
Additional members of the panel must include one (1) or more
individuals who are employed by a child placing agency licensed
under IC 31-27-6 and who provide services to foster families and
children placed by the department in out-of-home placements,
and may include other representatives of child welfare service
providers or persons who provide training to current or
prospective foster parents. All members of this panel must be
individuals who are not employees of the department.
(4) The membership of any additional citizen review panels
established under this section shall be determined by the director
of the department, consistent with the guidelines for panel
membership stated in subsection (b) and the purposes and
functions of the panels as described in this section.
(5) Each citizen review panel shall be appointed for a term of
three (3) years beginning July 1, 2007. Upon expiration of the
term of the panel described in subdivision (1), the director of the
department shall select a community child protection team
established in a different county for the succeeding term. Upon
expiration of the term of the panel described in subdivision (2),
the director of the department shall select a different fatality
review team, or committee, if available, for the succeeding term.
Panels appointed under subdivision (3) or (4) may be reappointed
for successive terms, in the discretion of the director of the
department. The director may appoint individuals as needed to fill
vacancies that occur during the term of any panel appointed under
subdivision (3) or (4).
(d) A citizen review panel shall evaluate the extent to which a child
welfare agency is effectively discharging the agency's child protection
responsibilities by examining:
(1) the policies and procedures of child welfare agencies;
(2) if appropriate, specific child protective services cases; and
(3) other criteria the citizen review panel considers important to
ensure the protection of children.
(e) Each citizen review panel shall:
(1) meet at least one (1) time every three (3) months; and
(2) prepare and make available to the department and the public
an annual report that contains a summary of the activities of the
citizen review panel.
(f) The department shall, not more than six (6) months after the date
the department receives a report from a citizen review panel under
subsection (e), submit to the citizen review panel a written response
indicating whether and how the department will incorporate the
recommendations of the citizen review panel. The department shall at
the same time provide appropriate child welfare agencies with copies
of the department's written response.
(g) A child welfare agency shall make all reports and other materials
in the child welfare agency's possession available to a citizen review
panel established under this section, including any reports and
materials that the child welfare agency has received from other
agencies.
(h) A member of a citizen review panel may not disclose to a person
or government official any identifying information that is provided to
the citizen review panel about:
(1) a specific child protective services case or child welfare
agency case;
(2) a child or member of the child's family who is the subject of
a child protective services assessment; or
(3) any other individuals identified in confidential reports,
documents, or other materials.
(i) If a member of a citizen review panel violates subsection (h), the
department may remove the member from the citizen review panel.
(j) A child welfare agency shall cooperate and work with each
citizen review panel established under this section.

Legislative History

As added by P.L.138-2007, SEC.46. Amended by P.L.131-2009, SEC.32; P.L.128-2012, SEC.88; P.L.119-2013, SEC.8.