§ 63-944 — Autopsy - Public interest – Deceased children - Collection

of samples. A. When necessary in connection with an investigation to determine the cause and/or manner of death and when the public interest requires it, the Chief Medical Examiner, his or her designee or a district attorney shall require and authorize an autopsy to be conducted. In determining whether the public interest requires an autopsy the medical examiner or district attorney involved shall take into account but shall not be bound by request therefor from private persons or from other public officials. B. Except as provided by subsections C and D of this section, a parent of a deceased child is entitled to view and to hold the child's body before the medical examiner for the county in which the death occurred assumes custody of the body pursuant to Section 938 of this title. If the child's death occurred at a hospital or other health care facility, the viewing may be conducted at the hospital or facility. C. A parent of a deceased child may not view nor hold the child's body after a medical examiner assumes custody of the body pursuant to Section 941 of this title unless the parent first obtains the consent of the district judge or medical examiner or a person acting on behalf of the district judge or medical examiner. D. A viewing or holding of the body of a deceased child whose death is determined to be subject to an investigation under Section 938 of this title must be conducted in compliance with the following conditions: 1. The viewing or holding must be supervised by: a. a peace officer or, with the officer's consent, a person described by subparagraph b of this paragraph, if law enforcement has assumed custody of the body at the time of the viewing or holding, or b. a physician, registered nurse, licensed vocational nurse, the medical examiner, or a person acting on behalf of the medical examiner; 2. A parent of the deceased child may not have contact with the child's body unless the parent first obtains the consent of the medical examiner or his or her designee; and 3. A person may not remove a medical device from the child's body or otherwise alter the condition of the body for purposes of conducting the viewing or holding unless the person first obtains the consent of the medical examiner or his or her designee. E. The medical examiner or his or her designee may collect and retain such blood, tissue, bone, fluid or body waste specimens as are deemed necessary to carry out his or her duties as specified in Section 931 et seq. of this title. No autopsy authorization shall be required as a prerequisite to the collection of such specimens.

Legislative History

Added by Laws 1961, p. 606, § 14, eff. Jan. 2, 1962. Amended by Laws 1965, c. 258, § 2, emerg. eff. June 21, 1965; Laws 1968, c. 182, § 1; Laws 1972, c. 246, § 13, emerg. eff. April 7, 1972; Laws 2014, c. 293, § 13, eff. Nov. 1, 2014; Laws 2015, c. 85, § 8, eff. Nov. 1, 2015; Laws 2022, c. 35, § 1, eff. Nov. 1, 2022.