HOUSE DOCKET, NO. 1567        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1446

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the child fatality review program.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1567        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1446

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act relative to the child fatality review program.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Subsection (b) of Section 2A of chapter 38 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking in the second paragraph the following language: “the chief medical examiner, who shall chair the state team; the attorney general or a designee; the commissioner of the department of children and families or a designee; the commissioner of the department of public health or a designee;” and inserting the following new language, “the chief medical examiner or a designee, who shall co-chair the state team; the commissioner of the department of public health or a designee, who shall co-chair the state team; the attorney general or a designee; the commissioner of the department of children and families or a designee;”.

SECTION 2. Subsection (b) of Section 2A of chapter 38 of the General Laws, as so appearing is hereby amended by adding after “the child advocate appointed under section 3 of chapter 18C or a designee” the following new language: “the commissioner of the department of early education and care or a designee;”.

SECTION 3. Subsection (c) of Section 2A, as so appearing, is hereby amended by adding in the second paragraph after “the commissioner of the department of public health or a designee;” the following new language, “the child advocate appointed under section 3 of chapter 18C or a designee;”.

SECTION 4. Subsection (c) of Section 2A, as so appearing, is hereby amended by adding in the fourth paragraph (“At the request of the local district attorney, the local team shall be immediately provided with:”) under subparagraph (i), following “information and records relevant to the cause of the fatality or near fatality maintained by the providers of medical or other care, treatment or services, including dental and mental health care,” the following new language: “and maternal prenatal care.”

SECTION 5. Section 2A, as so appearing, is hereby amended by adding the following new subsection: “(h) When the Office of the child Advocate has received a critical incident report regarding a child, as described in Section 5 of chapter 18C of the General Laws, the Child Advocate or a designee may share information with the local team in order to accomplish the purposes of the local team review as described in this section. Information from the local team shall be kept confidential by the Child Advocate or designee according to section 12 of chapter 18C.”