Indiana Code 16-49.5-2-6. SOFR team review; review eligibility criteria
(1) The person’s cause of death is listed as one (1) or more of the following:
Terms Used In Indiana Code 16-49.5-2-6
- 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) Intoxication.
(C) Toxicity.
(D) Inhalation.
(E) Ingestion.
(F) Overdose.
(G) Exposure.
(H) Chemical use.
(I) Neonatal abstinence syndrome (NAS) effects.
(2) The person’s manner of death is classified as one (1) of the following:
(A) Accident.
(B) Suicide.
(C) Undetermined.
(3) The person’s manner of death is classified as natural but drug intoxication or exposure is listed as a contributing factor.
(b) When conducting a SOFR fatality review under subsection (a), the SOFR team may review the following records if the records pertain to a person or incident within the scope of the SOFR team’s review:
(1) Records held by the:
(A) state department or local health department;
(B) INSPECT program (as described under IC 25-26-24); or
(C) department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Autopsy reports.
(5) Coroner records.
(6) Mental health reports.
(7) Emergency medical services provider records.
(8) Fire department run reports.
(9) Disciplinary or health records generated by a local school system.
(10) Any other record concerning the assessment, care, fatality, diagnosis, near fatality, if applicable, or treatment of the person subject to a SOFR team review.
(c) Except as otherwise provided, information and records acquired by a SOFR team during the execution of the SOFR team’s duties are confidential and exempt from disclosure.
(d) Subject to subsection (e), records, information, documents, and reports acquired or produced by a SOFR team are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any administrative or judicial proceeding.
(e) Records, information, documents, and reports that are admissible and otherwise discoverable from alternate sources do not become immune from discovery or use in any administrative or judicial proceeding because of their use by a SOFR team.
As added by P.L.112-2020, SEC.53. Amended by P.L.56-2023, SEC.175.