Sec. 6.7. (a) This section applies to a child who:

(1) died suddenly and unexpectedly;

Terms Used In Indiana Code 36-2-14-6.7

  • child death pathologist: means a physician described in IC 16-35-7-3(b). See Indiana Code 36-2-14-1.5
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2) was less than three (3) years of age at the time of death; and

(3) was in apparent good health before dying.

     (b) A child death pathologist or a pathology resident acting under the direct supervision of a child death pathologist shall conduct an autopsy of a child described in subsection (a).

     (c) A county coroner may not certify the cause of death of a child described in subsection (a) until an autopsy is performed at county expense.

     (d) The county coroner shall contact the parent or guardian of a child described in subsection (a) and notify the parent or guardian that an autopsy will be conducted at county expense.

     (e) A county coroner may not certify the cause of death for an infant described in subsection (a) as a sudden unexplained infant death, including sudden infant death syndrome, until a comprehensive death investigation is performed at the county’s expense that includes the following:

(1) Comprehensive autopsy including the following:

(A) Imaging.

(B) Pathology.

(C) Toxicology.

(2) Death scene investigation to include death scene photos.

(3) Submission of the sudden unexplained infant death report form to a child death pathologist.

     (f) The child death pathologist shall:

(1) ensure that a tangible summary of the autopsy results is provided;

(2) provide informational material concerning sudden infant death syndrome; and

(3) unless the release of autopsy results would jeopardize a law enforcement investigation, provide notice that a parent or guardian has the right to receive the preliminary autopsy results;

to the parents or guardian of the child within one (1) week after the autopsy.

     (g) If a parent or guardian of a child described in subsection (a) requests the autopsy report of the child, the coroner shall provide the autopsy report to the parent or guardian within thirty (30) days after the:

(1) request; or

(2) completion of the autopsy report;

whichever is later, at no cost.

     (h) A coroner shall notify:

(1) a local child fatality review team; or

(2) if the county does not have a local child fatality review team, the statewide child fatality review committee;

of the death of a child described in subsection (a).

As added by P.L.225-2007, SEC.14. Amended by P.L.143-2022, SEC.78.