requires two-thirds majority vote (§ 10)                                                                                                               

                                                                                                  

 

Assembly Bill No. 381–Assemblymen Leslie, Koivisto, Parks, Ohrenschall, Atkinson, Buckley, Conklin, Geddes and McClain

 

March 17, 2003

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Revises provisions governing purpose, membership and procedure of multidisciplinary team to review death of child. (BDR 38‑208)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to protection of children; revising the provisions governing the purpose, membership and procedure of a multidisciplinary team to review the death of a child; increasing the fee for a certificate of death to support the reviews; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 432B of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 6, inclusive, of this

1-3  act.

1-4  Sec. 2.  The purpose of organizing multidisciplinary teams to

1-5  review the deaths of children pursuant to NRS 432B.405 and

1-6  sections 2 to 6, inclusive, of this act, is to:

1-7  1.  Review the records of selected cases of deaths of children

1-8  under 18 years of age in this state;

1-9  2.  Review the records of selected cases of deaths of children

1-10  under 18 years of age who are residents of Nevada and who die in

1-11  another state;

1-12      3.  Assess and analyze such cases;

2-1  4.  Make recommendations for improvements to laws, policies

2-2  and practice;

2-3  5.  Support the safety of children; and

2-4  6.  Prevent future deaths of children.

2-5  Sec. 3.  1.  A multidisciplinary team to review the death of a

2-6  child that is organized by an agency which provides child welfare

2-7  services pursuant to NRS 432B.405 must include, insofar as

2-8  possible:

2-9  (a) A representative of any law enforcement agency that is

2-10  involved with the case under review;

2-11      (b) Medical personnel;

2-12      (c) A representative of the district attorney’s office in the

2-13  county where the case is under review;

2-14      (d) A representative of any school that is involved with the case

2-15  under review;

2-16      (e) A representative of any agency which provides child

2-17  welfare services that is involved with the case under review; and

2-18      (f) A representative of the coroner’s office.

2-19      2.  A multidisciplinary team may include such other

2-20  representatives of other organizations concerned with the death of

2-21  the child as the agency which provides child welfare services

2-22  deems appropriate for the review.

2-23      Sec. 4.  1.  A multidisciplinary team to review the death of a

2-24  child is entitled to access to:

2-25      (a) All investigative information of law enforcement agencies

2-26  regarding the death;

2-27      (b) Any autopsy and coroner’s investigative records relating to

2-28  the death;

2-29      (c) Any medical or mental health records of the child; and

2-30      (d) Any records of social and rehabilitative services or of any

2-31  other social service agency which has provided services to the

2-32  child or the child’s family.

2-33      2.  Each organization represented on a multidisciplinary team

2-34  to review the death of a child shall share with other members of

2-35  the team information in its possession concerning the child who is

2-36  the subject of the review, any siblings of the child, any person who

2-37  was responsible for the welfare of the child and any other

2-38  information deemed by the organization to be pertinent to the

2-39  review.

2-40      3.  A multidisciplinary team to review the death of a child may

2-41  petition the district court for the issuance of, and the district court

2-42  may issue, a subpoena to compel the production of any books,

2-43  records or papers relevant to the cause of any death being

2-44  investigated by the team. Any books, records or papers received by

3-1  the team pursuant to the subpoena shall be deemed confidential

3-2  and privileged and not subject to disclosure.

3-3  4.  Information acquired by, and the records of, a

3-4  multidisciplinary team to review the death of a child are

3-5  confidential, must not be disclosed, and are not subject to

3-6  subpoena, discovery or introduction into evidence in any civil or

3-7  criminal proceeding.

3-8  Sec. 5.  1.  The report and recommendations of a

3-9  multidisciplinary team to review the death of a child must be

3-10  transmitted to an administrative team for review.

3-11      2.  An administrative team must consist of administrators of

3-12  agencies which provide child welfare services, and agencies

3-13  responsible for vital statistics, public health, mental health and

3-14  public safety.

3-15      3.  The administrative team shall review the report and

3-16  recommendations and respond in writing to the multidisciplinary

3-17  team within 90 days after receiving the report.

3-18      Sec. 6.  1.  The Administrator of the Division shall establish

3-19  an Executive Committee to Review the Death of Children,

3-20  consisting of representatives from multidisciplinary teams formed

3-21  pursuant to NRS 432B.405 and section 3 of this act, vital statistics,

3-22  law enforcement, public health and the Office of the Attorney

3-23  General.

3-24      2.  The Executive Committee shall:

3-25      (a) Adopt statewide protocols for the review of the death of a

3-26  child;

3-27      (b) Designate the members of an administrative team for the

3-28  purposes of section 5 of this act;

3-29      (c) Oversee training and development of multidisciplinary

3-30  teams to review the death of children; and

3-31      (d) Compile and distribute a statewide annual report,

3-32  including statistics and recommendations for regulatory and

3-33  policy changes.

3-34      3.  The Review of Death of Children Account is hereby

3-35  created in the State General Fund. The Executive Committee may

3-36  use money in the Account to carry out the provisions of NRS

3-37  432B.405 and sections 2 to 6, inclusive, of this act.

3-38      Sec. 7.  NRS 432B.405 is hereby amended to read as follows:

3-39      432B.405  1.  An agency which provides child welfare

3-40  services:

3-41      (a) May organize one or more multidisciplinary teams to review

3-42  the death of a child; and

3-43      (b) Shall organize one or more multidisciplinary teams to review

3-44  the death of a child [upon] under any of the following

3-45  circumstances:

4-1       (1) Upon receiving a written request from an adult related to

4-2  the child within the third degree of consanguinity, if the request is

4-3  received by the agency within 1 year after the date of death of the

4-4  child[.

4-5  2.  Members of a team organized pursuant to subsection 1 serve

4-6  at the invitation of the agency and must include representatives of

4-7  other organizations concerned with education, law enforcement or

4-8  physical or mental health.

4-9  3.  Each organization represented on such a team may share

4-10  with other members of the team information in its possession

4-11  concerning the child who is the subject of the review, siblings of the

4-12  child, any person who was responsible for the welfare of the child

4-13  and any other information deemed by the organization to be

4-14  pertinent to the review.

4-15      4.  Before establishing any child death review team, an agency

4-16  shall adopt a written protocol describing its objectives and the

4-17  structure of such a team.] ;

4-18          (2) If a child dies while in the custody of or involved with

4-19  an agency which provides child welfare services, or if the child’s

4-20  family previously received services from such an agency;

4-21          (3) If the death is alleged to be from abuse or neglect of the

4-22  child;

4-23          (4) If a sibling, household member or daycare provider has

4-24  been the subject of a child abuse and neglect investigation within

4-25  the previous 12 months, including cases in which the report was

4-26  unsubstantiated or the investigation is currently pending;

4-27          (5) If the child was adopted through an agency which

4-28  provides child welfare services; or

4-29          (6) If the child died of Sudden Infant Death Syndrome.

4-30      2.  A review conducted pursuant to subparagraph (2) of

4-31  paragraph (b) of subsection 1 must occur within 3 months after

4-32  the issuance of a certificate of death.

4-33      Sec. 8.  NRS 440.170 is hereby amended to read as follows:

4-34      440.170  1.  All certificates in the custody of the State

4-35  Registrar are open to inspection subject to the provisions of this

4-36  chapter. It is unlawful for any employee of the State to disclose data

4-37  contained in vital statistics, except as authorized by this chapter or

4-38  by the Board.

4-39      2.  Information in vital statistics indicating that a birth occurred

4-40  out of wedlock must not be disclosed except upon order of a court of

4-41  competent jurisdiction.

4-42      3.  The Board:

4-43      (a) Shall allow the use of data contained in vital statistics to

4-44  carry out the provisions of NRS 442.300 to 442.330, inclusive;

4-45  [and]

5-1  (b) Shall allow the use of certificates of death by a

5-2  multidisciplinary team to review the death of a child established

5-3  pursuant to NRS 432B.405 and section 3 of this act; and

5-4  (c) May allow the use of data contained in vital statistics for

5-5  other research purposes, but without identifying the persons to

5-6  whom the records relate.

5-7  Sec. 9.  NRS 440.690 is hereby amended to read as follows:

5-8  440.690  1.  The State Registrar shall keep a true and correct

5-9  account of all fees received under this chapter.

5-10      2.  The money collected pursuant to subsection 2 of NRS

5-11  440.700 must be remitted by the State Registrar to the State

5-12  Treasurer for credit to the Children’s Trust Account . [, and any]

5-13  The money collected pursuant to subsection 3 of NRS 440.700

5-14  must be remitted by the State Registrar to the State Treasurer for

5-15  credit to the Review of Death of Children Account. Any other

5-16  proceeds accruing to the State of Nevada under the provisions of

5-17  this chapter must be forwarded to the State Treasurer for deposit in

5-18  the State General Fund.

5-19      3.  Upon the approval of the State Board of Examiners and

5-20  pursuant to its regulations, the Health Division may maintain an

5-21  account in a bank or credit union for the purpose of refunding

5-22  overpayments of fees for vital statistics.

5-23      Sec. 10.  NRS 440.700 is hereby amended to read as follows:

5-24      440.700  1.  The State Registrar shall charge and collect the

5-25  following fees:

 

5-26  For searching the files for one name, if no copy is

5-27  made....................................................... $8

5-28  For verifying a vital record..................... 8

5-29  For establishing and filing a record of paternity (other

5-30  than a hospital-based paternity), and providing a

5-31  certified copy of the new record........... 20

5-32  For a certified copy of a record of birth11

5-33  For a certified copy of a record of death[8] 9

5-34  For correcting a record on file with the State Registrar

5-35  and providing a certified copy of the corrected record   20

5-36  For replacing a record on file with the State Registrar

5-37  and providing a certified copy of the new record20

5-38  For filing a delayed certificate of birth and providing a

5-39  certified copy of the certificate............. 20

5-40  For the services of a notary public, provided by the

5-41  State Registrar......................................... 2

6-1  For an index of records of marriage provided on

6-2  microfiche to a person other than a county recorder of

6-3  a county of this state.......................... $200

6-4  For an index of records of divorce provided on

6-5  microfiche to a person other than a county recorder of

6-6  a county in this state............................ 100

6-7  For compiling data files which require specific

6-8  changes in computer programming..... 200

 

6-9  2.  The fee collected for furnishing a copy of a certificate of

6-10  birth or death [must include] includes the sum of $3 for credit to the

6-11  Children’s Trust Account.

6-12      3.  The fee collected for furnishing a copy of a certificate of

6-13  death includes the sum of $1 for credit to the Review of Death of

6-14  Children Account.

6-15      4.  Upon the request of any parent or guardian, the State

6-16  Registrar shall supply, without the payment of a fee, a certificate

6-17  limited to a statement as to the date of birth of any child as disclosed

6-18  by the record of such birth when the certificate is necessary for

6-19  admission to school or for securing employment.

6-20      [4.] 5.  The United States Bureau of the Census may obtain,

6-21  without expense to the State, transcripts or certified copies of births

6-22  and deaths without payment of a fee.

6-23      Sec. 11.  This act becomes effective on July 1, 2003.

 

6-24  H