Indiana Code 16-49-3-3. Review; records and information; not subject to subpoena or discovery or admissible as evidence
(1) shall review the death of a child whose death incident occurred in the area served by the local child fatality review team and may review the death of a child whose death occurred in the area served by the local child fatality review team if:
Terms Used In Indiana Code 16-49-3-3
- 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.
(i) sudden;
(ii) unexpected;
(iii) unexplained; or
(iv) assessed by the department of child services for alleged abuse or neglect that resulted in the death of the child; or
(B) the coroner in the area where the death occurred determines that the cause of the death of the child is:
(i) undetermined; or
(ii) the result of a homicide, suicide, or accident; and
(2) may, at its discretion, review the near fatality of a child whose incident or injury occurred in the area served by the local child fatality review team.
(b) In conducting a child fatality review under subsection (a), the local child fatality review team may review all applicable records and information related to the death or near fatality 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) Except as otherwise provided under this article, information and records acquired by the local child fatality review team in the exercise of its duties under this chapter are confidential and exempt from disclosure.
(d) Records, information, documents, and reports acquired or produced by a local child fatality review team 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 a local child fatality review team.
As added by P.L.119-2013, SEC.3. Amended by P.L.208-2015, SEC.10; P.L.29-2016, SEC.5; P.L.56-2023, SEC.173.