1. A. There is hereby re-created until July 1, 2000, in accordance with the Oklahoma Sunset Law, Section 3901 et seq. of Title 74 of the Oklahoma Statutes, the Child Death Review Board within the Oklahoma Commission on Children and Youth. The Board shall have the power and duty to:

   1. 1. Conduct case reviews of deaths of children in this state;
   2. 2. Develop accurate statistical information and identification of deaths of children due to abuse and neglect;
   3. 3. Improve the ability to provide protective services to the surviving siblings of a child or children who die of abuse or neglect and who may be living in a dangerous environment; and
   4. 4. Improve policies, procedures and practices within the agencies that serve children, including the child protection system.

2. B. In carrying out its duties and responsibilities the Board shall:

   1. 1. Establish criteria for cases involving the death of a child subject to specific, in-depth review by the Board;
   2. 2. Conduct a specific case review of those cases where the cause of death is or may be related to abuse or neglect of a child;
   3. 3. Establish and maintain statistical information related to the deaths of children, including, but not limited to, demographic and medical diagnostic information;
   4. 4. Review the policies, practices, and procedures of the child protection system and make specific recommendations to the entities comprising the child protection system for actions necessary for the improvement of the system;
   5. 5. As necessary and appropriate, for the protection of the siblings of a child who dies and whose siblings are deemed to be living in a dangerous environment, refer specific cases to the Department of Human Services or the appropriate district attorney for further investigation;

   6. 6. Request and obtain a copy of all records and reports pertaining to a child whose case is under review including, but not limited to:

      1. a. the medical examiner's report,
      2. b. hospital records,
      3. c. school records,
      4. d. court records,
      5. e. prosecutorial records,
      6. f. local, state, and federal law enforcement records, including, but not limited to, the Oklahoma State Bureau of Investigation (OSBI),
      7. g. fire department records,
      8. h. State Department of Health records, including birth certificate records,
      9. i. medical and dental records,
      10. j. Department of Mental Health and Substance Abuse Services and other mental health records,
      11. k. emergency medical service records, and

      12. l. Department of Human Services' files.

          Confidential information provided to the Board shall be maintained by the Board in a confidential manner as otherwise required by state and federal law;

   7. 7. All information, documents and records in possession of the Board shall be confidential and not subject to subpoena or discovery in any civil or criminal proceedings; provided, however, information, documents and records otherwise available from other sources shall not be exempt from subpoena or discovery through those sources solely because such information, documents and records were presented to or reviewed by the Board;
   8. 8. Conduct reviews of specific cases of deaths of children and request the preparation of additional information and reports as determined to be necessary by the Board including, but not limited to, clinical summaries from treating physicians, chronologies of contact, and second opinion autopsies;
   9. 9. Recommend, when appropriate, amendment of the cause or manner of death listed on the death certificate; and
   10. 10. Subject to the approval of the Oklahoma Commission on Children and Youth, exercise all incidental powers necessary and proper for the implementation and administration of the Child Death Review Board Act, Section 1150 et seq. of this title.
3. C. The review and discussion of individual cases of death of a child shall be conducted in executive session and in compliance with the confidentiality requirements of Section 846 of Title 21 of the Oklahoma Statutes. All other business shall be conducted in accordance with the provisions of the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes. All discussions of individual cases and any writings produced by or created for the Board in the course of its remedial measure and recommended by the Board as the result of a review of an individual case of the death of a child, shall be privileged and shall not be admissible in evidence in any proceeding. The Board shall periodically conduct meetings to discuss organization and business matters and any actions or recommendations aimed at improvement of the child protection system which shall be subject to the Oklahoma Open Meeting Act. Part of any meeting of the Board may be specifically designated as a business meeting of the Board subject to the Oklahoma Open Meeting Act.

4. D.

   1. 1. The Board shall submit an annual statistical report on the incidence and causes of death of children in this state during the past calendar year, including its recommendations, to the Oklahoma Commission on Children and Youth on or before May 1 of each year.
   2. 2. The Oklahoma Commission on Children and Youth shall review the report of the Board and, as appropriate, incorporate the findings and recommendations into the annual Commission report and State Plan for Services to Children and Youth.

Laws 1991, HB 1593, c. 192, § 3, eff. September 1, 1991; Amended by Laws 1993, HB 1136, c. 195, § 1, emerg. eff. July 1, 1993; Amended by Laws 1994, HB 1966, c. 31, § 1; Amended by Laws 1995, SB 388, c. 223, § 1, emerg. eff. May 23, 1995; Amended by Laws 1998, HB 2802, c. 364, § 7, emerg. eff. June 8, 1998 (superseded document available).