Indiana Code 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…
(1) the death of the child is:
Terms Used In Indiana Code 16-49-4-5
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
(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.
As added by P.L.119-2013, SEC.3. Amended by P.L.56-2023, SEC.174.