2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter II. Maternal and Child Death Review Commission › § 324. Confidentiality of records and immunity from suit.

§ 324. Confidentiality of records and immunity from suit.
(a) The records of the Commission and of all committees, regional panels, Fetal and Infant Mortality Review Case Review Teams, and Community Action Teams, contractors, and volunteers, including original documents and documents produced in the review process with regard to the facts and circumstances of each death or stillbirth, are confidential and may not be released to any person except as expressly provided in subchapter II of this chapter. Such records must be used by the Commission, committees, and any regional panel or team, and its staff, contractors, and volunteers, only in the exercise of the proper function of the Commission, regional panel, or team and are not public records. Such records, together with the summary information, findings, and recommendations therefrom are not available for court subpoena or subject to discovery, are not admissible into evidence or otherwise in any civil, criminal, administrative, or judicial proceeding, and are not considered binding under claim or issue preclusion doctrines. Except where constitutional provisions require otherwise, statements, records, or information are not subject to any statute or rule that would require those statements to be disclosed in the course of a civil, criminal, or administrative trial, or associated discovery. Aggregate statistical data compiled by the Commission, regional panels, or teams, however, may be released at the discretion of the Commission or regional panels.
(b) Members of the Commission, regional panels, Case Review Teams, and Community Action Teams, and their agents or employees, including committee members, contractors, and volunteers are not subject to, and are immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from or relating to any act, omission, proceeding, decision, determination, finding, or recommendation made in the performance of their duties under § 323 of this title, provided such persons acted in good faith and without malice in carrying out their responsibilities, authority, duties, powers, and privileges of the offices conferred by this law upon them or by any other provisions of the Delaware law, federal law, or regulations, or duly adopted rules and regulations of the Commission or its regional panels or teams. Complainants bear the burden of proving malice or a lack of good faith to defeat the immunity provided by this subsection.
(c) A person in attendance at a meeting of the Commission, or any of its committees, regional panels, Case Review Teams, or Community Action Teams may not be required to testify as to what transpired at such meeting in any forum including any civil, criminal, administrative, or judicial proceeding. An organization, institution, or person furnishing information, data, reports, or records to the Commission or any regional panel or team with respect to any subject examined or treated by such organization, institution, or person, by reason of furnishing such information, is not liable in damages to any person or subject to any other recourse, civil or criminal.
70 Del. Laws, c. 256, §  1;  73 Del. Laws, c. 386, §§  3, 4;  74 Del. Laws, c. 376, §  12;  75 Del. Laws, c. 269, §§  11-13;  80 Del. Laws, c. 187, §  20;  81 Del. Laws, c. 142, § 5;