Subchapter V. Child Fatality Review Committee.


  • Current through October 23, 2012
  • This subchapter may be cited as the "Child Fatality Review Committee Establishment Act of 2001".

    (Oct. 3, 2001, D.C. Law 14-28, § 4601, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

  • Current through October 23, 2012 Back to Top
  • For the purposes of this subchapter, the term:

    (1) "Child" means an individual who is 18 years of age or younger, or up to 21 years of age if the child is a committed ward of the child welfare, intellectual and developmental disabilities, or juvenile systems of the District of Columbia.

    (2) "Committee" means the Child Fatality Review Committee.

    (Oct. 3, 2001, D.C. Law 14-28, § 4602, 48 DCR 6981; Sept. 26, 2012, D.C. Law 19-169, § 11(a), 59 DCR 5567.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 19-169, in par. (1), substituted "intellectual" for "mental retardation".

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

    For history of Law 19-169, see notes under § 4-114.

  • Current through October 23, 2012 Back to Top
  • (a) There is established, as part of the District of Columbia government, a Child Fatality Review Committee. Facilities and other administrative support may be provided in a specific department or through the Committee, as determined by the Mayor.

    (b) The Committee shall:

    (1) Identify and characterize the scope and nature of child deaths in the jurisdiction, particularly those that are violent, accidental, unexpected, or unexplained;

    (2) Examine past events and circumstances surrounding child deaths by reviewing the records and other pertinent documents of public and private agencies responsible for serving families and children, investigating deaths, or treating children in an effort to reduce the number of preventable child fatalities and shall give special attention to child deaths that may have been caused by abuse, negligence, or other forms of maltreatment;

    (3) Develop and revise as necessary operating rules and procedures for the review of child deaths, including identification of cases to be reviewed, coordination among the agencies and professionals involved, and improvement of the identification, data collection, and record keeping of the causes of child death;

    (4) Recommend systemic improvements to promote improved and integrated public and private systems serving families and children;

    (5) Recommend components for prevention and education programs; and

    (6) Recommend training to improve the investigation of child deaths.

    (Oct. 3, 2001, D.C. Law 14-28, § 4603, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 3 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 3 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-20, see notes following § 4-1302.03.

    Delegation of Authority

    Delegation of Authority Pursuant to DC Act 14-40, the Child Fatality Review Committee Establishment Emergency Act of 2001, see Mayor's Order 2001-119, August 9, 2001 (48 DCR 7810).

  • Current through October 23, 2012 Back to Top
  • (a) The Mayor shall appoint a minimum of one representative from appropriate programs providing services to children within the following public agencies:

    (1) Department of Human Services;

    (2) Department of Health;

    (3) Office of the Chief Medical Examiner;

    (4) Child and Family Services Agency;

    (5) Metropolitan Police Department;

    (6) Fire and Emergency Medical Services Department,

    (7) D.C. Public Schools;

    (8) Department of Housing and Community Development; and

    (9) Office of the Corporation Counsel.

    (b) The Mayor shall appoint, or request the designation of, members from federal, judicial, and private agencies and the general public who are knowledgeable in child development, maternal and child health, child abuse and neglect, prevention, intervention, treatment or research, with due consideration given to representation of ethnic or racial minorities and to geographic areas of the District of Columbia. The appointments shall include representatives from the following:

    (1) Superior Court of the District of Columbia;

    (2) Office of the United States Attorney for the District of Columbia;

    (3) District of Columbia hospitals where children are born or treated;

    (4) College or university schools of social work; and

    (5) Mayor's Committee on Child Abuse and Neglect.

    (c) The Mayor, with the advice and consent of the Council, shall appoint 8 community representatives, none of whom shall be employees of the District of Columbia.

    (d) Governmental appointees shall serve at the will of the Mayor, or of the federal or judicial body designating their availability for appointment. Community representatives shall serve for 3-year terms.

    (e) Vacancies in membership shall be filled in the same manner in which the original appointment was made.

    (f) The Committee shall select co-chairs according to rules set forth by the Committee.

    (g) The Committee shall establish quorum and other procedural requirements as it considers necessary.

    (Oct. 3, 2001, D.C. Law 14-28, § 4604, 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 36, 51 DCR 881; Apr. 13, 2005, D.C. Law 15-354, § 85(c), 52 DCR 2638.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 15-105, in subsec. (f), validated a previously made technical correction.

    D.C. Law 15-354, in subsec. (f), validated a previously made technical correction.

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 4 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 4 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

    For Law 15-105, see notes following § 4-204.08.

    For Law 15-354, see notes following § 4-204.55.

  • Current through October 23, 2012 Back to Top
  • (a) The Committee shall be responsible for reviewing the deaths of children who were residents of the District of Columbia and of such children who, or whose families, at the time of death:

    (1) Or at any point during the 2 years prior to the child's death, were known to the juvenile justice or intellectual disability or developmental disabilities systems of the District of Columbia; and

    (2) Or at any point during the 4 years prior to the child's death, were known to the child welfare system of the District of Columbia.

    (b) The Committee may review the deaths of nonresidents if the death is determined to be accidental or unexpected and occurs within the District.

    (c) The Committee shall establish, by regulation, the manner of review of cases, including use of the following approaches:

    (1) Multidisciplinary review of individual fatalities;

    (2) Multidisciplinary review of clusters of fatalities identified by special category or characteristic;

    (3) Statistical reviews of fatalities; or

    (4) Any combination of such approaches.

    (d) The Committee shall establish 2 review teams to conduct its review of child fatalities. The Infant Mortality Review Team shall review the deaths of children under the age of one year and the Child Fatality Review Team shall review the deaths of children over the age of one year. Each team may include designated public officials with responsibilities for child and juvenile welfare from each of the agencies and entities listed in § 4-1371.04.

    (e) Full multidisciplinary/multi-agency reviews shall be conducted, at a minimum, on the following fatalities:

    (1) Those children known to the juvenile justice system;

    (2) Those children who are known to the intellectual or developmental disabilities systems;

    (3) Those children for which there is or has been a report of child abuse or neglect concerning the child's family;

    (4) Those children who were under the jurisdiction of the Superior Court of the District of Columbia (including protective service, foster care, and adoption cases);

    (5) Those children who, for some other reason, were wards of the District; and

    (6) Medical Examiner Office cases.

    (Oct. 3, 2001, D.C. Law 14-28, § 4605, 48 DCR 6981; Apr. 12, 2005, D.C. Law 15-341, § 4, 52 DCR 2315; Sept. 26, 2012, D.C. Law 19-169, § 11(b), 59 DCR 5567.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 15-341 rewrote subsec. (a) which had read as follows:

    "(a) The Committee shall be responsible for reviewing the deaths of children who were residents of the District of Columbia and of such children who, or whose families, at the time of death, or at any point during the 2 years prior to the child's death, were known to the child welfare, juvenile justice, or mental retardation or developmental disabilities systems of the District of Columbia."

    D.C. Law 19-169, in subsec. (a)(1), substituted "intellectual disability" for "mental retardation"; and, in subsec. (e)(2), substituted "intellectual or developmental disabilities systems" for "mental retardation/developmental disabilities system".

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 5 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 5 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

    For Law 15-341, see notes following § 4-1303.51.

    For history of Law 19-169, see notes under § 4-114.

  • Current through October 23, 2012 Back to Top
  • (a) Notwithstanding any other provision of law, immediately upon the request of the Committee and as necessary to carry out the Committee's purpose and duties, the Committee shall be provided, without cost and without authorization of the persons to whom the information or records relate, access to:

    (1) All information and records of any District of Columbia agency, or their contractors, including, but not limited to, birth and death certificates, law enforcement investigation data, unexpurgated juvenile and adult arrest records, intellectual and developmental disabilities records, medical examiner investigation data and autopsy reports, parole and probation information and records, school records, and information records of social services, housing, and health agencies that provided services to the child, the child's family, or an alleged perpetrator of abuse which led to the death of the child.

    (2) All information and records (including information on prenatal care) of any private health-care providers located in the District of Columbia, including providers of mental health services who provided services to the deceased child, the deceased child's family, or the alleged perpetrator of abuse which led to the death of the child.

    (3) All information and records of any private child welfare agency, educational facility or institution, or child care provider doing business in the District of Columbia who provided services to the deceased child, the deceased child's immediate family, or the alleged perpetrator of abuse or neglect which led to the death of the child.

    (4) Information made confidential by §§ 4-1302.03, 4-1303.06, 7-219, 7-1203.02, 7-1305.12, 16-2331, 16-2332, 16-2333, 16-2335, and 31-3426.

    (b) The Committee shall have the authority to seek information from entities and agencies outside the District of Columbia by any legal means.

    (c) Notwithstanding subsection (a)(1) of this section, information and records concerning a current law enforcement investigation may be withheld, at the discretion of the investigating authority, if disclosure of the information would compromise a criminal investigation.

    (d) If information or records are withheld under subsection (c) of this section, a report on the status of the investigation shall be submitted to the Committee every 3 months until the earliest of the following events occurs:

    (1) The investigation is concluded;

    (2) The investigating authority determines that providing the information will no longer compromise the investigation; or

    (3) The information or records are provided to the Committee.

    (e) All records and information obtained by the Committee pursuant to subsections (a) and (b) of this section pertaining to the deceased child or any other individual shall be destroyed following the preparation of the final Committee report. All additional information concerning a review, except statistical data, shall be destroyed by the Committee one year after publication of the Committee's annual report.

    (Oct. 3, 2001, D.C. Law 14-28, § 4606, 48 DCR 6981; Sept. 26, 2012, D.C. Law 19-169, § 11(c), 59 DCR 5567.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 19-169, in subsec. (a)(1), substituted "intellectual" for "mental retardation".

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 6 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 6 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

    For history of Law 19-169, see notes under § 4-114.

  • Current through October 23, 2012 Back to Top
  • (a) When necessary for the discharge of its duties, the Committee shall have the authority to issue subpoenas to compel witnesses to appear and testify and to produce books, papers, correspondence, memoranda, documents, or other relevant records.

    (b) Except as provided in subsection (c) of this section, subpoenas shall be served personally upon the witness or his or her designated agent, not less than 5 business days before the date the witness must appear or the documents must be produced, by one of the following methods, which may be attempted concurrently or successively:

    (1) By a special process server, at least 18 years of age, designated by the Committee from among the staff of the Committee or any of the offices or organizations represented on the Committee; provided, that the special process server is not directly involved in the investigation; or

    (2) By a special process server, at least 18 years of age, engaged by the Committee.

    (c) If, after a reasonable attempt, personal service on a witness or witness' agent cannot be obtained, a special process server identified in subsection (b) of this section may serve a subpoena by registered or certified mail not less than 8 business days before the date the witness must appear or the documents must be produced.

    (d) If a witness who has been personally summoned neglects or refuses to obey the subpoena issued pursuant to subsection (a) of this section, the Committee may report that fact to the Superior Court of the District of Columbia and the court may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the court.

    (Oct. 3, 2001, D.C. Law 14-28, § 4607, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 7 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 7 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

  • Current through October 23, 2012 Back to Top
  • (a) Proceedings of the Committee shall be closed to the public and shall not be subject to § 1-207.42, when the Committee is discussing cases of individual child deaths or where the identity of any person, other than a person who has consented to be identified, can be ascertained. Persons other than Committee members who attend any Committee meeting which, pursuant to this section, is not open to the public, shall not disclose what occurred at the meeting to anyone who was not in attendance, except insofar as disclosure is necessary for that person to comply with a request for information from the Committee. Committee members who attend meetings not open to the public shall not disclose what occurred with anyone who was not in attendance (except other Committee members), except insofar as disclosure is necessary to carry out the duties of the Committee. Any party who discloses information pursuant to this subsection shall take all reasonable steps to ensure that the information disclosed, and the person to whom the information is disclosed, are as limited as possible.

    (b) Members of the Committee, persons attending a Committee meeting, and persons who present information to the Committee may not be required to disclose, in any administrative, civil, or criminal proceeding, information presented at or opinions formed as a result of a Committee meeting, except that nothing in this subsection may be construed as preventing a person from providing information to another review committee specifically authorized to obtain such information in its investigation of a child death, the disclosure of information obtained independently of the Committee, or the disclosure of information which is public information.

    (c) Information identifying a deceased child, a member of the child's immediate family, the guardian or caretaker of the child, or an alleged or suspected perpetrator of abuse or neglect upon the child, may not be disclosed publicly.

    (d) Information identifying District of Columbia government employees or private health-care providers, social service agencies, and educational, housing, and child-care providers may not be disclosed publicly.

    (e) Information and records which are the subject of this section may be disclosed upon a determination made in accordance with rules and procedures established by the Mayor.

    (Oct. 3, 2001, D.C. Law 14-28, § 4608, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 8 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 8 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

  • Current through October 23, 2012 Back to Top
  • (a) All information and records generated by the Committee, including statistical compilations and reports, and all information and records acquired by, and in the possession of, the Committee are confidential.

    (b) Except as permitted by this section, information and records of the Committee shall not be disclosed voluntarily, pursuant to a subpoena, in response to a request for discovery in any adjudicative proceeding, or in response to a request made under subchapter II of Chapter 5 of Title 2, nor shall it be introduced into evidence in any administrative, civil, or criminal proceeding.

    (c) Committee information and records may be disclosed only as necessary to carry out the Committee's duties and purposes. The information and records may be disclosed by the Committee to another child fatality review committee if the other committee is governed by confidentiality provisions which afford the same or greater protections as those provided in this subchapter.

    (d) Information and records presented to a Committee team during a child fatality review shall not be immune from subpoena or discovery, or prohibited from being introduced into evidence, solely because the information and records were presented to a team during a child death review, if the information and records have been obtained through other sources.

    (e) Statistical compilations and reports of the Committee that contain information that would reveal the identity of any person, other than a person who has consented to be identified, are not public records or information, and are subject to the prohibitions contained in subsection (a) of this section.

    (f) The Committee shall compile an Annual Report of Findings and Recommendations which shall be made available to the Mayor, the Council, and the public, and shall be presented to the Council at a public hearing.

    (g) Findings and recommendations on child fatalities defined in § 4- 1371.05(e) shall be available to the public on request.

    (h) At the direction of the Mayor and for good cause, special findings and recommendations pertaining to other specific child fatalities may be disclosed to the public.

    (i) Nothing shall be disclosed in any report of findings and recommendations that would likely endanger the life, safety, or physical or emotional well-being of a child, or the life or safety of any other person, or which may compromise the integrity of a Mayor's investigation, a civil or criminal investigation, or a judicial proceeding.

    (j) If the Mayor or the Committee denies access to specific information based on this section, the requesting entity may seek disclosure of the information through the Superior Court of the District of Columbia. The name or any other information identifying the person or entity who referred the child to the Department of Human Services or the Metropolitan Police Department shall not be released to the public.

    (k) The Mayor shall promulgate rules implementing the provisions of §§ 4- 1371.07 and 4-1371.08. The rules shall require that a subordinate agency director to whom a recommendation is directed by the Committee shall respond in writing within 30 days of the issuance of the report containing the recommendations.

    (l) The policy recommendations to a particular agency authorized by this section shall be incorporated into the annual performance plans and reports required by subchapter XIV-A of Chapter 6 of Title 1.

    (Oct. 3, 2001, D.C. Law 14-28, § 4609, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 9 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 9 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

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  • Any health-care provider or any other person or institution providing information to the Committee pursuant to this subchapter shall have immunity from liability, administrative, civil, or criminal, that might otherwise be incurred or imposed with respect to the disclosure of the information.

    (Oct. 3, 2001, D.C. Law 14-28, § 4610, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 10 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 10 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

  • Current through October 23, 2012 Back to Top
  • Whoever discloses, receives, makes use of, or knowingly permits the use of information concerning a deceased child or other person in violation of this subchapter shall be subject to a fine of not more than $1,000. Violations of this subchapter shall be prosecuted by the Corporation Counsel or his or her designee in the name of the District of Columbia. Subject to the availability of an appropriation for this purpose, any fines collected pursuant to this section shall be used by the Committee to fund its activities.

    (Oct. 3, 2001, D.C. Law 14-28, § 4611, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 11 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 11 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

  • Current through October 23, 2012 Back to Top
  • (a) Notwithstanding, but in addition to, the provisions of any law, including § 14-307 and Chapter 12 of Title 7, any person or official specified in subsection (b) of this section who has knowledge of the death of a child who died in the District of Columbia, or a ward of the District of Columbia who died outside the District of Columbia, shall as soon as practicable but in any event within 5 business days report the death or cause to have a report of the death made to the Registrar of Vital Records.

    (b) Persons required to report child deaths pursuant to subsection (a) of this section shall include every physician, psychologist, medical examiner, dentist, chiropractor, qualified developmental disability professional, registered nurse, licensed practical nurse, person involved in the care and treatment of patients, health professional licensed pursuant to Chapter 12 of Title 3, law-enforcement officer, school official, teacher, social service worker, day care worker, mental health professional, funeral director, undertaker, and embalmer. The Mayor shall issue rules and procedures governing the nature and contents of such reports.

    (c) Any other person may report a child death to the Registrar of Vital Records.

    (d) The Registrar of Vital Records shall accept the report of a death of a child and shall notify the Committee of the death within 5 business days of receiving the report.

    (e) Nothing in this section shall affect other reporting requirements under District law.

    (Oct. 3, 2001, D.C. Law 14-28, § 4612, 48 DCR 6981; Sept. 26, 2012, D.C. Law 19-169, § 11(d), 59 DCR 5567.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 19-169, in subsec. (b), substituted "developmental disability" for "mental retardation".

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 12 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 12 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

    For history of Law 19-169, see notes under § 4-114.

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  • Any person, hospital, or institution participating in good faith in the making of a report pursuant to this subchapter shall have immunity from liability, administrative, civil, and criminal, that might otherwise be incurred or imposed with respect to the making of the report. The same immunity shall extend to participation in any judicial proceeding involving the report. In all administrative, civil, or criminal proceedings concerning the child or resulting from the report, there shall be a rebuttable presumption that the maker of the report acted in good faith.

    (Oct. 3, 2001, D.C. Law 14-28, § 4613, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 13 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 13 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.

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  • Any person required to make a report under § 4-1371.12 who willfully fails to make the report shall be fined not more than $100 or imprisoned for not more than 30 days, or both. Violations of § 4-1371.12 shall be prosecuted by the Corporation Counsel of the District of Columbia, or his or her agent, in the name of the District of Columbia.

    (Oct. 3, 2001, D.C. Law 14-28, § 4614, 48 DCR 6981.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).

    Emergency Act Amendments

    For temporary (90 day) addition of section, see § 14 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).

    For temporary (90 day) addition of section, see § 14 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).

    Legislative History of Laws

    For Law 14-28, see notes following § 4-344.01.