NY Soc Serv L § 422-B (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 6 - Child Protective Services 422-B - Local and Regional Fatality Review Teams.

§  422-b.  Local  and  regional  fatality  review teams. 1. A fatality   review team may be established at a local or regional  level,  with  the   approval  of the office of children and family services, for the purpose   of investigating the death of  any  child  whose  care  and  custody  or   custody  and  guardianship has been transferred to an authorized agency,   other than a vulnerable child as  defined  in  article  eleven  of  this   chapter,  any child for whom child protective services has an open case,   any child for whom the local department of social services has  an  open   preventive  services  case,  and  in  the  case  of a report made to the   statewide central register of child abuse and maltreatment involving the   death of a child.   A fatality review  team  may  also  investigate  any   unexplained or unexpected death of any child under the age of eighteen.2.  A  local  or  regional  fatality review team may exercise the same   authority as the office of children and family services with  regard  to   the  preparation of a fatality report as set forth in paragraphs (b) and   (c)  of  subdivision  five  of   section   twenty   of   this   chapter.   Notwithstanding  any  other  provision of law to the contrary and to the   extent consistent with federal law,  such  local  or  regional  fatality   review  team  shall  have  access  to  those client-identifiable records   necessary for the preparation of the report, as authorized in accordance   with paragraph (d)  of  subdivision  five  of  section  twenty  of  this   chapter.  A  fatality  report  prepared  by a local or regional fatality   review team and approved by the office of children and  family  services   satisfies  the  obligation  to prepare a fatality report as set forth in   subdivision five of section twenty of this chapter. Such report shall be   subject to the  same  redisclosure  provisions  applicable  to  fatality   reports prepared by the office of children and family services.3.  For  the  purposes  of  this section, a local or regional fatality   review team must include, but need not be  limited  to,  representatives   from  the  child  protective  service,  office  of  children  and family   services, county department of health, or, should the locality not  have   a  county  department of health, the local health commissioner or his or   her designee or the local public health director or his or her designee,   office of the medical examiner, or,  should  the  locality  not  have  a   medical  examiner,  office  of  the  coroner,  office  of  the  district   attorney,  office  of  the  county  attorney,  local   and   state   law   enforcement, emergency medical services and a pediatrician or comparable   medical  professional,  preferably  with  expertise in the area of child   abuse and maltreatment or  forensic  pediatrics.  A  local  or  regional   fatality  review  team  may  also  include  representatives  from  local   departments  of  social  services,  mental  health  agencies,   domestic   violence  agencies,  substance abuse programs, hospitals, local schools,   and family court.4. A local or regional fatality review team  established  pursuant  to   this section shall have access to all records, except those protected by   statutory privilege, within twenty-one days of receipt of a request.5.  Members  of  a  local  or  regional  fatality review team, persons   attending a meeting of a local or regional  fatality  review  team,  and   persons  who  present information to a local or regional fatality review   team shall have immunity from  civil  and  criminal  liability  for  all   reasonable  and  good  faith actions taken pursuant to this section, and   shall not be questioned in any civil or  criminal  proceeding  regarding   any  opinions  formed  as  a  result of a meeting of a local or regional   fatality review team. Nothing in this  section  shall  be  construed  to   prevent   a   person   from   testifying   as  to  information  obtained   independently of a local or regional fatality review team  or  which  is   public information. 6.  All  meetings  conducted  and  all  reports  and  records made and   maintained, and books and  papers  obtained,  by  a  local  or  regional   fatality  review  team shall be confidential and not open to the general   public except by court order and  except  for  an  annual  report  or  a   fatality report, if the fatality review team chooses to complete such an   annual  report  or  fatality  report. The release of any fatality report   prepared by a local or regional fatality review team shall  be  governed   by the provisions of subdivision five of section twenty of this chapter.   Any  such  annual  report  or  fatality  report  shall  not  contain any   individually identifiable information  and  shall  be  provided  to  the   office  of  children  and family services upon completion. The office of   children and family services shall forward copies of any such report  to   all  other  local or regional fatality review teams established pursuant   to this section, to all citizen review panels  established  pursuant  to   section  three  hundred  seventy-one-b  of  this  chapter,  and  to  the   governor, the temporary president of the senate and the speaker  of  the   assembly.