AB381

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

CHAPTER..........

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:

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

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

act.

Sec. 2. The purpose of organizing multidisciplinary teams to

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

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

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

under 18 years of age in this state;

2. Review the records of selected cases of deaths of children

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

another state;

3. Assess and analyze such cases;

4. Make recommendations for improvements to laws, policies

and practice;

5. Support the safety of children; and

6. Prevent future deaths of children.

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

child that is organized by an agency which provides child welfare

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

possible:

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

involved with the case under review;

(b) Medical personnel;

county where the case is under review;

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

under review;

(e) A representative of any agency which provides child

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

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

2. A multidisciplinary team may include such other

representatives of other organizations concerned with the death of

the child as the agency which provides child welfare services

deems appropriate for the review.

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

child is entitled to access to:

(a) All investigative information of law enforcement agencies

regarding the death;

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

the death;

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

other social service agency which has provided services to the

child or the child’s family.

2. Each organization represented on a multidisciplinary team

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

the team information in its possession concerning the child who is

the subject of the review, any siblings of the child, any person who

was responsible for the welfare of the child and any other

information deemed by the organization to be pertinent to the

review.

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

petition the district court for the issuance of, and the district court

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

records or papers relevant to the cause of any death being

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

the team pursuant to the subpoena shall be deemed confidential

and privileged and not subject to disclosure.

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

multidisciplinary team to review the death of a child are

confidential, must not be disclosed, and are not subject to

subpoena, discovery or introduction into evidence in any civil or

criminal proceeding.

Sec. 5. 1. The report and recommendations of a

multidisciplinary team to review the death of a child must be

transmitted to an administrative team for review.

2. An administrative team must consist of administrators of

agencies which provide child welfare services, and agencies

responsible for vital statistics, public health, mental health and

public safety.

3. The administrative team shall review the report and

recommendations and respond in writing to the multidisciplinary

team within 90 days after receiving the report.

Sec. 6. 1. The Administrator of the Division shall establish

an Executive Committee to Review the Death of Children,

consisting of representatives from multidisciplinary teams formed

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

law enforcement, public health and the Office of the Attorney

General.

2. The Executive Committee shall:

(a) Adopt statewide protocols for the review of the death of a

child;

(b) Designate the members of an administrative team for the

purposes of section 5 of this act;

teams to review the death of children; and

(d) Compile and distribute a statewide annual report,

including statistics and recommendations for regulatory and

policy changes.

3. The Review of Death of Children Account is hereby

created in the State General Fund. The Executive Committee may

use money in the Account to carry out the provisions of NRS

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

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

432B.405 1. An agency which provides child welfare

services:

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

the death of a child; and

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

the death of a child [upon] under any of the following

circumstances:

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

the child within the third degree of consanguinity, if the request is

received by the agency within 1 year after the date of death of the

child[.

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

at the invitation of the agency and must include representatives of

other organizations concerned with education, law enforcement or

physical or mental health.

3. Each organization represented on such a team may share

with other members of the team information in its possession

concerning the child who is the subject of the review, siblings of the

child, any person who was responsible for the welfare of the child

and any other information deemed by the organization to be

pertinent to the review.

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

shall adopt a written protocol describing its objectives and the

structure of such a team.] ;

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

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

family previously received services from such an agency;

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

child;

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

been the subject of a child abuse and neglect investigation within

the previous 12 months, including cases in which the report was

unsubstantiated or the investigation is currently pending;

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

provides child welfare services; or

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

2. A review conducted pursuant to subparagraph (2) of

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

the issuance of a certificate of death.

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

440.170 1. All certificates in the custody of the State

Registrar are open to inspection subject to the provisions of this

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

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

by the Board.

2. Information in vital statistics indicating that a birth occurred

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

competent jurisdiction.

3. The Board:

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

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

[and]

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

multidisciplinary team to review the death of a child established

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

other research purposes, but without identifying the persons to

whom the records relate.

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

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

account of all fees received under this chapter.

2. The money collected pursuant to subsection 2 of NRS

440.700 must be remitted by the State Registrar to the State

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

The money collected pursuant to subsection 3 of NRS 440.700

must be remitted by the State Registrar to the State Treasurer for

credit to the Review of Death of Children Account. Any other

proceeds accruing to the State of Nevada under the provisions of

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

the State General Fund.

3. Upon the approval of the State Board of Examiners and

pursuant to its regulations, the Health Division may maintain an

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

overpayments of fees for vital statistics.

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

440.700 1. The State Registrar shall charge and collect the

following fees:

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

made........................................................... $8

For verifying a vital record......................... 8

For establishing and filing a record of paternity (other

than a hospital-based paternity), and providing a

certified copy of the new record............... 20

For a certified copy of a record of birth... 11

For a certified copy of a record of death[8] 9

For correcting a record on file with the State Registrar

and providing a certified copy of the corrected record 20

For replacing a record on file with the State Registrar

and providing a certified copy of the new record20

For filing a delayed certificate of birth and providing a

certified copy of the certificate................. 20

For the services of a notary public, provided by the

State Registrar............................................. 2

For an index of records of marriage provided on

microfiche to a person other than a county recorder of

a county of this state............................... 200

For an index of records of divorce provided on

microfiche to a person other than a county recorder of

a county in this state............................... 100

For compiling data files which require specific

changes in computer programming........ 200

2. The fee collected for furnishing a copy of a certificate of

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

Children’s Trust Account.

3. The fee collected for furnishing a copy of a certificate of

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

Children Account.

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

Registrar shall supply, without the payment of a fee, a certificate

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

by the record of such birth when the certificate is necessary for

admission to school or for securing employment.

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

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

and deaths without payment of a fee.

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

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