KRS 211.684: Authorization to establish state child fatality review team -- Establishment

of state maternal fatality review team -- Annual report on child and maternal

fatalities to include demographics of race, ethnicity, and geography -- Privilege

in civil actions.

(1) For the purposes of KRS Chapter 211:

(a) "Child fatality" means the death of a person under the age of eighteen (18)

years; and

(b) "Maternal fatality" means the death of a woman during pregnancy and within

one (1) year of the end of the pregnancy.

(2) The Department for Public Health may establish a state child fatality review team.

The state child fatality review team may include representatives of public health,

social services, law enforcement agencies with investigation responsibil ities for

child fatalities, the offices of Commonwealth's and county attorneys, coroners,

health-care providers, and other agencies or professions deemed appropriate by the

commissioner of the department.

(3) If a state child fatality review team is create d, the duties of the state team may

include but not be limited to the following:

(a) Develop and distribute a model protocol for local child fatality response teams

for the investigation of child fatalities;

(b) Facilitate the development of local child fa tality response teams, as permitted

under KRS 211.686, including but not limited to providing joint training

opportunities and, upon request, providing technical assistance;

(c) Review and approve local protocols prepared and submitted by local teams;

(d) Receive data and information on child fatalities and analyze the information

to identify trends, patterns, and risk factors;

(e) Evaluate the effectiveness of prevention and intervention strategies adopted;

(f) Recommend changes in state programs, legislation, administrative

regulations, policies, budgets, and treatment and service standards which may

facilitate strategies for prevention and reduce the number of child fatalities;

and

(g) Cooperate, as appropriate , with the external child fatality and near fatality

review panel established by KRS 620.055 upon request.

(4) The department shall establish a state maternal fatality review team. The state

maternal fatality review team may include representatives of publ ic health, social

services, law enforcement, coroners, health -care providers, and other agencies or

professions deemed appropriate by the commissioner of the department.

(5) The duties of the state maternal fatality review team may include but not be limit ed

to the following:

(a) Receive data and information on maternal fatalities and analyze the

information to identify trends, patterns, and risk factors;

(b) Evaluate the effectiveness of prevention and intervention strategies adopted;

and

(c) Recommend cha nges in state programs, legislation, administrative

regulations, policies, budgets, and treatment and service standards which may

facilitate strategies for prevention and reduce the number of maternal

fatalities.

(6) The department shall prepare an annual report to be submitted no later than

November 1 of each year to the Governor, the Legislative Research Commission

for referral to the Interim Joint Committee on Families and Children and the Interim

Joint Committee on Health Services, the Chief Justice of the Kentucky Supreme

Court, and to be made available to the citizens of the Commonwealth. The report

shall include a statistical analysis, including but not limited to Medicaid, Kentucky

Children's Health Insurance Program, or other health benefit coverage , race,

ethnicity, and geography, of the incidence and causes of child and maternal

fatalities in the Commonwealth during the past fiscal year and recommendations for

action. The report shall not include any information which would identify specific

child and maternal fatality cases. Separate reports may be submitted for the state

child fatality review team and the state maternal fatality review team.

(7) The proceedings, records, opinions, and deliberations of the state child fatality

review team and of th e state maternal fatality review team shall be privileged and

shall not be subject to discovery, subpoena, or introduction into evidence in any

civil action in any manner that would directly or indirectly identify specific persons

or cases reviewed by the state child fatality review team or the state maternal

fatality review team. Nothing in this subsection shall be construed to restrict or limit

the right to discover or use in any civil action any evidence that is discoverable

independent of the proceeding s of the state child fatality review team or the state

maternal fatality review team.