A BILL TO BE ENTITLED
AN ACT establishing a state office of child fatality prevention within the department of health and human services, division of public health, to serve as the lead agency responsible for overseeing coordination of State‑level support functions for the entire North Carolina Child Fatality Prevention System, and appropriating funds for that purpose; directing the department of health and human services to develop a TRANSITION plan for (i) CONSOLIDATING teams that review child fatalities and (ii) creating a centralized data and information system for the statewide child fatality prevention system; FORMALIZing the NORTH CAROLINA CHILD FATALITY TASK FORCE committee structure and clarifying its functions; and making CONFORMING CHANGES TO CHILD FATALITY PREVENTION SYSTEM‑related STATUTES.
Whereas, North Carolina's Child Fatality Prevention System brings together multidisciplinary local and State‑level groups consisting of government and agency leaders, as well as experts in child health and safety, to better understand the causes of child deaths in order to address systemic problems and implement strategies to prevent future child abuse, neglect, and death; and
Whereas, work within the Child Fatality Prevention System has contributed to a 47% decrease in North Carolina's child death rate since creation of the system in 1991; and
Whereas, there is a need to strengthen and update the system in order to address redundancy in team reviews of child fatalities; improve collection, analysis, and reporting of data and findings; streamline State‑level coordination and support for the system; ensure that relevant and appropriate information and recommendations from team reviews reach appropriate local and State leaders; and strengthen the system's effectiveness to prevent future child abuse, neglect, and death; Now, therefore,
The General Assembly of North Carolina enacts:

PART I. ESTABLISHMENT OF STATE OFFICE OF CHILD FATALITY PREVENTION WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC HEALTH, AND APPROPRIATING FUNDS FOR THAT PURPOSE
SECTION 1.1.(a)  Article 3 of Chapter 143B of the General Statutes is amended by adding a new Part to read:
"Part 4C. State Office of Child Fatality Prevention.
"§ 143B‑150.25.  Definitions.
The following definitions apply in this Article:
(1)	Child death review team. – The collective term for a multidisciplinary team responsible for performing any type of child fatality review pursuant to this Article, the Juvenile Code of Article 14 of Chapter 7B of the General Statutes, or G.S. 143B‑150.20.
(2)	State Office. – The State Office of Child Fatality Prevention established under this Article.
(3)	Child Fatality Prevention System. – The statewide system comprised of the following:
a.	Child death review teams.
b.	The North Carolina Child Fatality Task Force created in G.S. 7B‑1402.
c.	State and local staff who support the work of the groups described in sub‑subdivisions a. and b.
d.	Medical examiner child fatality staff.
(4)	Medical examiner child fatality staff. – Staff within the Office of the Chief Medical Examiner whose primary responsibilities involve addressing child fatalities.
"§ 143B‑150.26.  Establishment and purpose of State Office.
(a)	The State Office of Child Fatality Prevention is established within the Department of Health and Human Services, Division of Public Health, to serve as the lead agency for child fatality prevention in North Carolina. The purpose of the State Office is to oversee the coordination of State‑level support functions for the entire North Carolina Child Fatality Prevention System in a way that maximizes efficiency and effectiveness and expands system capacity. The Department shall determine the most appropriate placement for, and configuration of, State Office staff within the Department, subject to the following limitation: medical examiner child fatality staff shall continue to work under the direction of the Chief Medical Examiner and address child fatalities within the jurisdiction of the medical examiner pursuant to G.S. 130A‑383, while working collaboratively with the State Office and child death review teams.
"§ 143B‑150.27.  Powers and duties.
(1)	To coordinate the work of the statewide Child Fatality Prevention System.
(2)	To implement and manage a centralized data and information system capable of gathering, analyzing, and reporting aggregate information from child death review teams with appropriate protocols for sharing information and protecting confidentiality.
(3)	To create and implement tools, guidelines, resources, and training, and provide technical assistance for child death review teams to enable the teams to do the following:
a.	Conduct effective reviews.
b.	Make effective recommendations about child fatality prevention.
c.	Gather, analyze, and appropriately report on case data and findings while protecting confidentiality.
d.	Facilitate the implementation of prevention strategies in their communities.
(4)	To convene and facilitate a multidisciplinary Fatality Review and Data Group to advise the State Office with respect to the submission of information and reports to the Child Fatality Task Force, child death review teams, and other relevant organizations.
(5)	To perform research, convene stakeholders and experts, and collaborate with other organizations and individuals for the purpose of understanding the direct and contributing causes of child deaths as well as evidence‑driven strategies, programs, and policies to prevent child deaths, abuse, and neglect in order to inform the work of the Child Fatality Prevention System or as requested by the Child Fatality Task Force.
(6)	To educate State and local leaders, including the General Assembly, executive department heads, as well as stakeholders, advocates, and the public about the Child Fatality Prevention System and issues and prevention strategies addressed by the system.
(7)	To collaborate with State and local agencies, nonprofit organizations, academia, advocacy organizations, and others to facilitate the implementation of evidence‑driven initiatives to prevent child abuse, neglect, and death, such as education and awareness initiatives.
(8)	To create and implement processes for evaluating the ability of the Child Fatality Prevention System to achieve outcomes sought to be accomplished by the system and to report to the Child Fatality Task Force on these evaluations and on statewide functioning of the Child Fatality Prevention System."
SECTION 1.1.(b)  There is appropriated from the General Fund to the Department of Health and Human Services, Division of Public Health, the sum of one hundred fifty thousand dollars ($150,000) in recurring funds for the 2019 2020 fiscal year and the sum of three hundred thousand dollars ($300,000) in recurring funds for the 2020 2021 fiscal year, to be used to establish and operate the State Office of Child Fatality Prevention (State Office) established under Part 4C of Article 3 of Chapter 143B of the General Statutes, as enacted by this act. The Department of Health and Human Services shall not use funds appropriated in this section for any purpose other than the purpose specified in this subsection.
SECTION 1.1.(c)  Subsection (b) of this section becomes effective July 1, 2019.

PART II. TRANSITION PLAN FOR RESTRUCTURING EXISTING TEAMS THAT REVIEW CHILD FATALITIES AND CREATING A CENTRALIZED DATA AND REPORTING SYSTEM
SECTION 2.1.(a)  It is the intent of the General Assembly to restructure North Carolina's Child Fatality Prevention System in order to eliminate the silos and redundancy that exist within the current system, implement centralized coordination of the system, streamline the system's State‑level support functions, maximize the usefulness of data and information derived from teams that review child fatalities, ensure that relevant and appropriate information and recommendations from teams that review child fatalities reach appropriate local and State leaders, and strengthen the system's effectiveness in preventing child abuse, neglect, and death. To that end, by March 4, 2020, the Department of Health and Human Services, in consultation with individuals knowledgeable about child fatality review and prevention, shall develop and submit to the Joint Legislative Oversight Committee on Health and Human Services a detailed written proposal for restructuring the statewide Child Fatality Prevention System. The Department's plan shall, at a minimum, include recommendations for accomplishing all of the following:
(1)	Reducing the number and types of child death review teams by combining the functions of the Local Child Fatality Prevention Team, Community Child Protection Team, State Child Fatality Prevention Team, and State Child Fatality Review Team into a single local team with different procedures and required participants for different categories of child fatality reviews, with attention given to the following:
a.	A plan that allows a local team to choose whether to be a single‑county or multi‑county team.
b.	An examination of the purpose, process, and function of child death reviews related to abuse and neglect that are currently conducted by the Child Fatality Review Team, State Child Fatality Prevention Review Team, and Community Child Protection Teams, and a plan that articulates the most appropriate purpose and functions for these types of reviews, along with specialized procedures, team participants, and State‑level technical assistance necessary to fully address such cases. This plan shall take into account the different methods of information collection and sharing by these two teams as well as any relevant federal laws, such as those related to State child abuse prevention plans.
c.	Whether there is a need for specialized procedures and required participants for certain categories of infant deaths or other categories of deaths.
d.	Whether there are circumstances under which a State‑level team review of a child fatality would be occasionally, but not routinely, necessary and if so, a description of those circumstances and a plan for how the Fatality Review and Data Group should be structured to carry out this function.
(2)	Discontinuing the practices of using (i) Community Child Protection Teams as citizen review panels to fulfill the requirements of the federal Child Abuse Prevention and Treatment Act and (ii) child death review teams to review active cases involving children and families involved with local departments of social services child protective services. The Department's recommended plan shall include a more effective framework for meeting federal requirements for citizen review panels and for reviewing active cases involving children and families involved with local departments of social services child protective services.
(3)	Reducing the volume of team fatality reviews by changing the types of deaths requiring review based on specific categories of death most likely to yield prevention opportunities, including deaths resulting from the following:
a.	Undetermined causes.
b.	Unintentional injury.
c.	Violence.
d.	Motor vehicle incidents.
e.	Child abuse or neglect, suspected child abuse or neglect, or cases involving children and families involved with local departments of social services child protective services within the 12‑month period preceding the fatality.
f.	Sudden unexpected infant death.
g.	Suicide.
h.	Deaths not expected in the next six months.
i.	Infant deaths that meet criteria determined by the Department, in consultation with child fatality review and prevention experts and perinatal health experts, in order to optimize the identification of prevention opportunities.
j.	Any other category of death determined by the Department for which team review would be likely to yield prevention opportunities.
(4)	Implementing a centralized electronic data and information system for data and information managed by the State Office that includes all of the following:
a.	Participation in the National Child Death Review Case Reporting System.
b.	Creation, implementation, and support for procedures and tools addressing data and reporting for child death review teams.
c.	Development and implementation of policies and procedures for appropriate sharing and protection of information and data with respect to information used by or generated from child fatality reviews.
d.	An evaluation of existing laws, rules, and policies addressing information protection and sharing as it relates to child death reviews in order to make recommendations concerning any changes needed to support the effective functioning of the restructured statewide Child Fatality Prevention System.
(5)	Creating a multi‑sector, multidisciplinary Fatality Review and Data Group to be convened and facilitated by the State Office for the purpose of periodically reviewing aggregate data and recommendations from child death review teams and child death data from the Office of the Chief Medical Examiner in order to advise State Office staff on relevant, appropriate information and reports that should be submitted to the Child Fatality Task Force, distributed among child death review teams, submitted directly to relevant organizations, or a combination of these.
SECTION 2.1.(b)  By December 1, 2019, the Department of Health and Human Services shall execute any contractual agreements and interagency data sharing agreements necessary for participation by child death review teams in the National Child Death Review Case Reporting System. Once the necessary agreements are in place and appropriate policies and protocols addressing utilization of this System have been adopted, local Child Fatality Prevention Teams shall utilize the National Child Death Review Case Reporting System.
SECTION 2.1.(c)  This section is effective when it becomes law.

PART III. CONFORMING CHANGES TO CHILD FATALITY PREVENTION SYSTEM STATUTES AND MODIFICATIONS TO FORMALIZE AND CLARIFY THE FUNCTIONS OF THE NORTH CAROLINA CHILD FATALITY TASK FORCE
SECTION 3.1.(a)  Article 14 of Chapter 7B of the General Statutes reads as rewritten:
"Article 14.
"North Carolina Child Fatality Prevention System.
"§ 7B‑1400.  Declaration of public policy.
The General Assembly finds that it is the public policy of this State to prevent the abuse, neglect, and death of juveniles. The General Assembly further finds that the prevention of the abuse, neglect, and death of juveniles is a community responsibility; that professionals from disparate disciplines have responsibilities for children or juveniles and have expertise that can promote their safety and well‑being; and that multidisciplinary reviews of the abuse, neglect, and death of juveniles can lead to a greater understanding of the causes and methods of preventing these deaths. It is, therefore, the intent of the General Assembly, through this Article, to establish a statewide multidisciplinary, multiagency child fatality prevention system. The purpose of the system is to assess the records of child deaths in North Carolina from birth to age 18, and with respect to these cases, to study data and prevention strategies related to child abuse, neglect, and death, and to utilize multidisciplinary team reviews of deaths in order to (i) develop a communitywide approach to the problem of child abuse and neglect, (ii) understand the direct and contributing causes of childhood deaths, (iii) identify any gaps or deficiencies that may exist in the delivery of services to children and their families by public agencies that are designed to prevent future child abuse, neglect, or death, (iv) identify, and aid in facilitating the implementation of, evidence‑driven strategies to prevent child death and promote child well‑being, and (v) make and implement recommendations for changes to laws, rules, and policies that will support the safe and healthy development of our children and prevent future child abuse, neglect, and death.
"§ 7B‑1401.  Definitions.
The following definitions apply in this Article:
(1)	Additional Child Fatality. – Any death of a child that did not result from suspected abuse or neglect and about which no report of abuse or neglect had been made to the county department of social services within the previous 12 months.
(1a)	Child Death Review Team. – The collective term for any multidisciplinary team responsible for performing any type of child fatality review pursuant to this Article, G.S. 143B‑150.20, or Part 4C of Article 3 of Chapter 143B of the General Statutes.
(1b)	Child Fatality Prevention System. – The statewide system comprised of child death review teams, the North Carolina Child Fatality Task Force, State and local staff who support the work of these groups, and the medical examiner child fatality staff.
(2)	Local Team. – A Community Child Protection Team or a Child Fatality Prevention Team.
(2a)	Medical Examiner Child Fatality Staff. – Staff within the Office of the Chief Medical Examiner whose primary responsibilities involve addressing child fatalities.
(2b)	State Office. – The State Office of Child Fatality Prevention established under Part 4C of Article 3 of Chapter 143B of the General Statutes that coordinates the work of the Child Fatality Prevention System.
(3)	State Team. – The North Carolina Child Fatality Prevention Team.
(4)	Task Force. – The North Carolina Child Fatality Task Force.
(5)	Team Coordinators. – Any individual designated within the State Office to work as a Child Fatality Prevention Team Coordinator.
"§ 7B‑1402.  Task Force – creation; membership; vacancies.
(a)	There is created the North Carolina Child Fatality Task Force within the Department of Health and Human Services for budgetary purposes only.
(b)	The Task Force shall be composed of 36 members, 12 of whom shall be ex officio members, four of whom shall be appointed by the Governor, 10 of whom shall be appointed by the Speaker of the House of Representatives, and 10 of whom shall be appointed by the President Pro Tempore of the Senate. The ex officio members other than the Chief Medical Examiner may designate representatives from their particular departments, divisions, or offices to represent them on the Task Force. In making appointments or designating representatives, appointing authorities and ex officio members shall use best efforts to select members or representatives with sufficient knowledge and experience to effectively contribute to the issues examined by the Task Force and, to the extent possible, to reflect the geographical, political, gender, and racial diversity of this State. The members shall be as follows:
(1)	The Chief Medical Examiner.
(2)	The Attorney General.
(3)	The Director of the Division of Social Services.
(4)	The Director of the State Bureau of Investigation.
(5)	The Director of the Maternal and Child Health Section of the Department of Health and Human Services.
(6)	The chair of the Council for Women and Youth Involvement.
(7)	The Superintendent of Public Instruction.
(8)	The Chairman of the State Board of Education.
(9)	The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services.
(10)	The Secretary of the Department of Health and Human Services.
(11)	The Director of the Administrative Office of the Courts.
(11a)	The Director of the Juvenile Justice Section, Division of Adult Correction and Juvenile Justice, Department of Public Safety.
(12)	A director of a county department of social services, appointed by the Governor upon recommendation of the President of the North Carolina Association of County Directors of Social Services.
(13)	A representative from a Sudden Infant Death Syndrome or safe infant sleep counseling and education program, appointed by the Governor upon recommendation of the Director of the Maternal and Child Health Section of the Department of Health and Human Services.
(14)	A representative from the NC Child, appointed by the Governor upon recommendation of the President of the organization.
(15)	A director of a local department of health, appointed by the Governor upon the recommendation of the President of the North Carolina Association of Local Health Directors.
(16)	A representative from a private group, other than NC Child, that advocates for children, appointed by the Speaker of the House of Representatives upon recommendation of private child advocacy organizations.
(17)	A pediatrician, licensed to practice medicine in North Carolina, appointed by the Speaker of the House of Representatives upon recommendation of the North Carolina Pediatric Society.
(18)	A representative from the North Carolina League of Municipalities, appointed by the Speaker of the House of Representatives upon recommendation of the League.
(18a)	A representative from the North Carolina Domestic Violence Commission, appointed by the Speaker of the House of Representatives upon recommendation of the Director of the Commission.
(19)	One public member, appointed by the Speaker of the House of Representatives.
(20)	A county or municipal law enforcement officer, appointed by the President Pro Tempore of the Senate upon recommendation of organizations that represent local law enforcement officers.
(21)	A district attorney, appointed by the President Pro Tempore of the Senate upon recommendation of the President of the North Carolina Conference of District Attorneys.
(22)	A representative from the North Carolina Association of County Commissioners, appointed by the President Pro Tempore of the Senate upon recommendation of the Association.
(22a)	A representative from the North Carolina Coalition Against Domestic Violence, appointed by the President Pro Tempore of the Senate upon recommendation of the Executive Director of the Coalition.
(23)	One public member, appointed by the President Pro Tempore of the Senate.
(24)	Five members of the Senate, appointed by the President Pro Tempore of the Senate, and five members of the House of Representatives, appointed by the Speaker of the House of Representatives.
(c)	All members of the Task Force are voting members. Vacancies in the appointed membership shall be filled by the appointing officer who made the initial appointment. Terms shall be two years.
"§ 7B‑1402.1.  Task Force – organization; committees, leadership, policies and procedures; public meetings.
(a)	Committees. – The Task Force shall carry out its duties through the work of the following three committees:
(1)	A Perinatal Health Committee to address healthy pregnancies, births, and infants.
(2)	An Unintentional Death Prevention Committee to address the prevention of deaths resulting from unintentional causes such as motor vehicle or bicycle accidents, poisoning, burning, or drowning.
(3)	An Intentional Death Prevention Committee to address the prevention of deaths resulting from intentional causes such as homicide, suicide, abuse, or neglect.
Based on a process developed by the Executive Committee and approved by a majority vote of the Task Force pursuant to subsection (c)(2) of this section, Task Force members shall be assigned to the three committees, and volunteers with expertise in the subject matter of the committees shall be identified and selected to participate on, and contribute to the work of, the committees.
The Task Force or any of its committees may request assistance from the State Office in the performance of its duties, including assistance with administrative functions, research, or the convening and facilitation of special stakeholder groups or work groups to more fully address an issue of interest to the Task Force or any of its committees in order to better inform their work.
Each committee shall submit recommendations approved by a majority vote of the committee members to the Task Force for consideration. Committee recommendations shall not become final until approved by a majority vote of the Task Force.
(b)	Leadership. – The leadership of the Task Force and its committees shall be organized as follows:
(1)	Task Force chair or cochairs. – Task Force members shall elect by a majority vote a chair or two cochairs from among its membership, who shall preside for the duration of the chair's or cochair's term. In the event a vacancy occurs in a chair position before the expiration of the chair's term, the Task Force members shall elect an acting chair to serve for the remainder of the unexpired term or, if there are cochairs, may elect not to fill the vacant cochair position and to be led by the remaining cochair.
(2)	Committee cochairs. – Task Force members shall elect by a majority vote of the Task Force two cochairs per committee, at least one of whom shall be a Task Force member and one of whom may be a nonmember with expertise in the subject matter of the committee. Committee cochairs shall serve for a term of two years and are not subject to term limits.
(3)	Executive Committee. – The Executive Committee shall be comprised of the Task Force chair or cochairs, the committee cochairs, and any current Task Force Coordinator or Director. The Executive Committee is responsible for all of the following:
a.	Discussing and advising the Task Force with respect to its business and administration.
b.	Advising Task Force staff on issues between meetings.
c.	Developing recommended policies and procedures for consideration by the full Task Force as described in subsection (c) of this section.
d.	Working to advance approved Task Force recommendations.
(4)	Staff. – The Task Force Chairs shall work with the Secretary of the Department of Health and Human Services to hire or designate staff to coordinate the work of the Task Force; educate department heads, the General Assembly, and organizations whose work addresses child health and safety, and the public about Task Force findings and recommendations; serve as representatives of the Task Force; and assist the Task Force in any other way the Executive Committee deems necessary in carrying out the duties of the Task Force.
(c)	Policies and Procedures. – The Executive Committee of the Task Force shall develop, and from time to time revise as necessary, policies and procedures to facilitate the efficient and effective operations of the Task Force. These policies and procedures and any recommended revisions become effective upon approval by a majority vote of the Task Force. The Executive Committee shall develop policies and procedures that, at a minimum, address the following:
(1)	Nominations and elections of a Task Force chair or cochairs and committee cochairs.
(2)	Assignment of Task Force members to specific committees as well as the identification of volunteers to serve on committees with representation from relevant agencies and a relevant range of subject matter experts.
(3)	Voting rules.
(4)	The manner in which issues are identified for study by the Task Force.
(5)	Expectations of members related to attendance.
(6)	Conflicts of interest.
(d)	Public Meetings. – Meetings of the Task Force and its three subject area committees are subject to the public meeting requirements of Article 33C of Chapter 143 of the General Statutes. Meetings of the Executive Committee, stakeholder groups, or work groups convened to more fully address an issue of interest to the Task Force or its subject area committees are not subject to these requirements.
"§ 7B‑1403.  Task Force – duties.
The Task Force shall do all of the following:
(1)	Undertake a study of the incidences and causes of child deaths in this State as well as evidence‑driven strategies for preventing future child deaths, abuse, and neglect. The study shall include at least all of the following:
a.	Aggregate information from child death reviews compiled by the State Office addressing data on child deaths, the identification of system problems, and team recommendations for prevention strategies.
b.	A data analysis of all child deaths by age, cause, race and ethnicity, socioeconomic status, and geographic distribution.
c.	Information from subject matter experts that can inform the understanding of the causes of child deaths; strategies to prevent child deaths, abuse, and neglect; or a combination of these.
(2)	Advise the State Office of Child Fatality Prevention with respect to the operation of an effective statewide system for multidisciplinary review of child deaths and the implementation of evidence‑driven strategies to prevent child deaths, abuse, and neglect.
(3)	Receive and consider reports from the State Team and the State Office.
(4)	Develop recommendations for changes in law, policy, rules, or the implementation of evidence‑driven prevention strategies to be included in the annual report required by G.S. 7B‑1412.
(5)	Perform any other studies, evaluations, or determinations the Task Force considers necessary to carry out its mandate.
"§ 7B‑1404.  State Team – creation; membership; vacancies.
(a)	There is created the North Carolina Child Fatality Prevention Team within the Department of Health and Human Services for budgetary purposes only.
(b)	The State Team shall be composed of the following 11 members of whom nine members are ex officio and two are appointed:
(1)	The Chief Medical Examiner, who shall chair the State Team;
(2)	The Attorney General;
(3)	The Director of the Division of Social Services, Department of Health and Human Services;
(4)	The Director of the State Bureau of Investigation;
(5)	The Director of the Division of Maternal and Child Health of the Department of Health and Human Services;
(6)	The Superintendent of Public Instruction;
(7)	The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, Department of Health and Human Services;
(8)	The Director of the Administrative Office of the Courts;
(9)	The pediatrician appointed pursuant to G.S. 7B‑1402(b) to the Task Force;
(10)	A public member, appointed by the Governor; and
(11)	The Team Coordinators.
The ex officio members other than the Chief Medical Examiner may designate a representative from their departments, divisions, or offices to represent them on the State Team.
(c)	All members of the State Team are voting members. Vacancies in the appointed membership shall be filled by the appointing officer who made the initial appointment.
"§ 7B‑1405.  State Team – duties.
The State Team shall do all of the following:
(1)	Review current deaths of children when those deaths are attributed to child abuse or neglect or when the decedent was reported as an abused or neglected juvenile pursuant to G.S. 7B‑301 at any time before death.
(2)	Report to the Task Force in the format and at the time required by the Task Force, on the State Team's activities and its recommendations for changes to any law, rule, and policy that would promote the safety and well‑being of children.
(3)	Upon request of a Local Team, provide technical assistance to the Team.

(6)	Receive reports of findings and recommendations from Local Teams that review cases of additional child fatalities and work with the Team Coordinators to implement recommendations.
"§ 7B‑1406.  Community Child Protection Teams; Child Fatality Prevention Teams; creation and duties.
(a)	Community Child Protection Teams are established in every county of the State. Each Community Child Protection Team shall:
(1)	Review, in accordance with the procedures established by the director of the county department of social services under G.S. 7B‑1409:
a.	Selected active cases in which children are being served by child protective services; and
b.	Cases in which a child died as a result of suspected abuse or neglect, and
1.	A report of abuse or neglect has been made about the child or the child's family to the county department of social services within the previous 12 months, or
2.	The child or the child's family was a recipient of child protective services within the previous 12 months.
(2)	Submit annually to the board of county commissioners recommendations, if any, and advocate for system improvements and needed resources where gaps and deficiencies may exist.
In addition, each Community Child Protection Team may review the records of all additional child fatalities and report findings in connection with these reviews to the Team Coordinators.
(b)	Any Community Child Protection Team that determines it will not review additional child fatalities shall notify the Team Coordinators. In accordance with the plan established under G.S. 7B‑1408(1), a separate Child Fatality Prevention Team shall be established in that county to conduct these reviews. Each Child Fatality Prevention Team shall:
(1)	Review the records of all cases of additional child fatalities.
(2)	Submit annually to the board of county commissioners recommendations, if any, and advocate for system improvements and needed resources where gaps and deficiencies may exist.
(3)	Report findings in connection with these reviews to the Team Coordinators.
(c)	All reports to the Team Coordinators under this section shall include:
(1)	A listing of the system problems identified through the review process and recommendations for preventive actions;
(2)	Any changes that resulted from the recommendations made by the Local Team;
(3)	Information about each death reviewed; and
(4)	Any additional information requested by the Team Coordinators.
"§ 7B‑1407.  Local Teams; composition.
(a)	Each Local Team shall consist of representatives of public and nonpublic agencies in the community that provide services to children and their families and other individuals who represent the community. No single team shall encompass a geographic or governmental area larger than one county.
(b)	Each Local Team shall consist of the following persons:
(1)	The director of the county department of social services and a member of the director's staff;
(2)	A local law enforcement officer, appointed by the board of county commissioners;
(3)	An attorney from the district attorney's office, appointed by the district attorney;
(4)	The executive director of the local community action agency, as defined by the Department of Health and Human Services, or the executive director's designee;
(5)	The superintendent of each local school administrative unit located in the county, or the superintendent's designee;
(6)	A member of the county board of social services, appointed by the chair of that board;
(7)	A local mental health professional, appointed by the director of the area authority established under Chapter 122C of the General Statutes;
(8)	The local guardian ad litem coordinator, or the coordinator's designee;
(9)	The director of the local department of public health; and
(10)	A local health care provider, appointed by the local board of health.
(c)	In addition, a Local Team that reviews the records of additional child fatalities shall include the following five additional members:
(1)	An emergency medical services provider or firefighter, appointed by the board of county commissioners;
(2)	A district court judge, appointed by the chief district court judge in that district;
(3)	A county medical examiner, appointed by the Chief Medical Examiner;
(4)	A representative of a local child care facility or Head Start program, appointed by the director of the county department of social services; and
(5)	A parent of a child who died before reaching the child's eighteenth birthday, to be appointed by the board of county commissioners.
(d)	The Team Coordinators shall serve as an ex officio member of each Local Team that reviews the records of additional child fatalities. The board of county commissioners may appoint a maximum of five additional members to represent county agencies or the community at large to serve on any Local Team. Vacancies on a Local Team shall be filled by the original appointing authority.
(e)	Each Local Team shall elect a member to serve as chair at the Team's pleasure.
(f)	Each Local Team shall meet at least four times each year.
(g)	The director of the local department of social services shall call the first meeting of the Community Child Protection Team. The director of the local department of health, upon consultation with the Team Coordinators shall call the first meeting of the Child Fatality Prevention Team. Thereafter, the chair of each Local Team shall schedule the time and place of meetings, in consultation with these directors, and shall prepare the agenda. The chair shall schedule Team meetings no less often than once per quarter and often enough to allow adequate review of the cases selected for review. Within three months of election, the chair shall participate in the appropriate training developed under this Article.
"§ 7B‑1408.  Child Fatality Prevention Team Coordinators; duties.
One or more Child Fatality Prevention Team Coordinators shall serve as liaison between the State Team and the Local Teams that review records of additional child fatalities and shall provide technical assistance to these Local Teams. The Team Coordinators shall:
(1)	Develop a plan to establish Local Teams that review the records of additional child fatalities in each county.
(2)	Develop model operating procedures for these Local Teams that address when public meetings should be held, what items should be addressed in public meetings, what information may be released in written reports, and any other information the Team Coordinators consider necessary.
(3)	Provide structured training for these Local Teams at the time of their establishment, and continuing technical assistance thereafter.
(4)	Provide statistical information on all child deaths occurring in each county to the appropriate Local Team, and assure that all child deaths in a county are assessed through the multidisciplinary system.
(5)	Monitor the work of these Local Teams.
(6)	Receive reports of findings, and other reports that the Team Coordinators may require, from these Local Teams.
(7)	Report the aggregated findings of these Local Teams to each Local Team that reviews the records of additional child fatalities and to the State Team.
(8)	Evaluate the impact of local efforts to identify problems and make changes.
"§ 7B‑1409.  Community Child Protection Teams; duties of the director of the county department of social services.
In addition to any other duties as a member of the Community Child Protection Team, and in connection with the reviews under G.S. 7B‑1406(a)(1), the director of the county department of social services shall:
(1)	Assure the development of written operating procedures in connection with these reviews, including frequency of meetings, confidentiality policies, training of members, and duties and responsibilities of members;
(2)	Assure that the Team defines the categories of cases that are subject to its review;
(3)	Determine and initiate the cases for review;
(4)	Bring for review any case requested by a Team member;
(5)	Provide staff support for these reviews;
(6)	Maintain records, including minutes of all official meetings, lists of participants for each meeting of the Team, and signed confidentiality statements required under G.S. 7B‑1413, in compliance with applicable rules and law; and
(7)	Report quarterly to the county board of social services, or as required by the board, on the activities of the Team.
"§ 7B‑1410.  Local Teams; duties of the director of the local department of health.
In addition to any other duties as a member of the Local Team and in connection with reviews of additional child fatalities, the director of the local department of health shall:
(1)	Distribute copies of the written procedures developed by the Team Coordinators under G.S. 7B‑1408 to the administrators of all agencies represented on the Local Team and to all members of the Local Team;
(2)	Maintain records, including minutes of all official meetings, lists of participants for each meeting of the Local Team, and signed confidentiality statements required under G.S. 7B‑1413, in compliance with applicable rules and law;
(3)	Provide staff support for these reviews; and
(4)	Report quarterly to the local board of health, or as required by the board, on the activities of the Local Team.
"§ 7B‑1411.  Community Child Protection Teams; responsibility for training of team members.
The Department of Health and Human Services shall develop and make available, on an ongoing basis, for the members of Local Teams that review active cases in which children are being served by child protective services, training materials that address the role and function of the Local Team, confidentiality requirements, an overview of child protective services law and policy, and Team record keeping.
"§ 7B‑1412.  Task Force – reports.
Within the first week of the convening or reconvening of the General Assembly, the Task Force shall report annually to the Governor, the General Assembly, the Chairs of the House and Senate Appropriations Committees on Health and Human Services, the Chairs of the Joint Legislative Oversight Committee on Health and Human Services, and the Secretary of the Department of Health and Human Services. The report shall contain at least all of the following:
(1)	A summary of the conclusions and recommendations for each of the Task Force's duties.
(2)	A summary of activities and functioning of the Child Fatality Prevention System as a whole.
(3)	Any other recommendations for changes to any law, rule, or policy, or for the implementation of evidence‑driven prevention strategies that it has determined will promote the safety and well‑being of children. Any recommendations of changes to law, rule, or policy shall be accompanied by specific legislative or policy proposals. The Task Force may request assistance from the Fiscal Research Division of the General Assembly in developing fiscal notes or other fiscal information to accompany these recommendations.
"§ 7B‑1413.  Access to records.
(a)	The State Team, the Local Teams, and the Task Force shall have access to all medical records, hospital records, and records maintained by this State, any county, or any local agency as necessary to carry out the purposes of this Article, including police investigations data, medical examiner investigative data, health records, mental health records, and social services records. The State Team, the Task Force, and the Local Teams shall not, as part of the reviews authorized under this Article, contact, question, or interview the child, the parent of the child, or any other family member of the child whose record is being reviewed. Any member of a Local Team may share, only in an official meeting of that Local Team, any information available to that member that the Local Team needs to carry out its duties.
The State Office shall have access to all medical records, hospital records, and records maintained by this State, any county, or any local agency as necessary to carry out the purposes of Part 4C of Article 3 of Chapter 143B of the General Statutes.
(b)	Meetings of the State Team and the Local Teams are not subject to the provisions of Article 33C of Chapter 143 of the General Statutes. However, the Local Teams may hold periodic public meetings to discuss, in a general manner not revealing confidential information about children and families, the findings of their reviews and their recommendations for preventive actions. Minutes of all public meetings, excluding those of executive sessions, shall be kept in compliance with Article 33C of Chapter 143 of the General Statutes. Any minutes or any other information generated during any closed session shall be sealed from public inspection.
(c)	All otherwise confidential information and records acquired by the State Office, State Team, the Local Teams, and the Task Force during its existence, in the exercise of their duties are confidential; are not subject to discovery or introduction into evidence in any proceedings; and may only be disclosed as necessary to carry out the purposes of the State Office, State Team, the Local Teams, and the Task Force. In addition, all otherwise confidential information and records created by a Local Team in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings; and may only be disclosed as necessary to carry out the purposes of the Local Team. No member of the State Team, a Local Team, nor any person who attends a meeting of the State Team or a Local Team, may testify in any proceeding about what transpired at the meeting, about information presented at the meeting, or about opinions formed by the person as a result of the meetings. This subsection shall not, however, prohibit a person from testifying in a civil or criminal action about matters within that person's independent knowledge.
(d)	Each member of a Local Team and invited participant shall sign a statement indicating an understanding of and adherence to confidentiality requirements, including the possible civil or criminal consequences of any breach of confidentiality.
(e)	Cases receiving child protective services at the time of review by a Local Team shall have an entry in the child's protective services record to indicate that the case was received by that Team. Additional entry into the record shall be at the discretion of the director of the county department of social services.
(f)	The Social Services Commission shall adopt rules to implement this section in connection with reviews conducted by Community Child Protection Teams. The Commission for Public Health shall adopt rules to implement this section in connection with Local Teams that review additional child fatalities. In particular, these rules shall allow information generated by an executive session of a Local Team to be accessible for administrative or research purposes only.
"§ 7B‑1414.  Administration; funding.
(a)	To the extent of funds available, the chairs of the State Team may hire staff or consultants to assist the State Team in completing its duties.
(a1)	To the extent of funds available and consistent with G.S. 7B‑1402.1(b)(4), the chairs of the Task Force shall work with the Secretary of the Department of Health and Human Services to hire or designate staff or consultants to assist the Task Force and its subject matter committees in completing their duties.
(b)	Members, staff, and consultants of the Task Force or State Team shall receive travel and subsistence expenses in accordance with the provisions of G.S. 138‑5 or G.S. 138‑6, as the case may be, paid from funds appropriated to implement this Article and within the limits of those funds.
(c)	With the approval of the Legislative Services Commission, legislative staff and space in the Legislative Building and the Legislative Office Building may be made available to the Task Force."
SECTION 3.1.(b)  G.S. 143B‑150.20 reads as rewritten:
"§ 143B‑150.20.  State Child Fatality Review Team; establishment; purpose; powers; duties; report by Department of Health and Human Services.
(a)	There is established in the Department of Health and Human Services a State Child Fatality Review Team to conduct in‑depth reviews of any child fatalities which have occurred involving children and families involved with local departments of social services child protective services in the 12 months preceding the fatality. Steps in this in‑depth review shall include interviews with any individuals determined to have pertinent information as well as examination of any written materials containing pertinent information.
(b)	The purpose of these reviews shall be to implement a team approach to identifying factors which may have contributed to conditions leading to the fatality and to develop recommendations for improving coordination between local and State entities which might have avoided the threat of injury or fatality and to identify appropriate remedies. The Department shall make public the findings and recommendations developed for each fatality reviewed relating to improving coordination between local and State entities. These findings shall not be admissible as evidence in any civil or administrative proceedings against individuals or entities that participate in child fatality reviews conducted pursuant to this section. The State Child Fatality Review Team shall consult with the appropriate district attorney in accordance with G.S. 7B‑2902(d) prior to the public release of the findings and recommendations.
(c)	The State Child Fatality Review Team shall include representatives of the local departments of social services and the Division of Social Services, a member of the local Community Child Protection Team, a member of the local child fatality prevention team, a representative from local law enforcement, a prevention specialist, and a medical professional.
(d)	The State Child Fatality Review Team shall have access to all medical records, hospital records, and records maintained by this State, any county, or any local agency as necessary to carry out the purposes of this subsection, including police investigative data, medical examiner investigative data, health records, mental health records, and social services records. The State Child Fatality Review Team may receive a copy of any reviewed materials necessary to the conduct of the fatality review. Any member of the State Child Fatality Review Team may share, only in an official meeting of the State Child Fatality Review Team, any information available to that member that the State Child Fatality Review Team needs to carry out its duties.
If the State Child Fatality Review Team does not receive information requested under this subsection within 30 days after making the request, the State Child Fatality Review Team may apply for an order compelling disclosure. The application shall state the factors supporting the need for an order compelling disclosure. The State Child Fatality Review Team shall file the application in the district court of the county where the investigation is being conducted, and the court shall have jurisdiction to issue any orders compelling disclosure. Actions brought under this section shall be scheduled for immediate hearing, and subsequent proceedings in these actions shall be given priority by the appellate courts.
(e)	Meetings of the State Child Fatality Review Team are not subject to the provisions of Article 33C of Chapter 143 of the General Statutes. However, the State Child Fatality Review Team may hold periodic public meetings to discuss, in a general manner not revealing confidential information about children and families, the findings of their reviews and their recommendations for preventive actions. Minutes of all public meetings, excluding those of closed sessions, shall be kept in compliance with Article 33C of Chapter 143 of the General Statutes. Any minutes or any other information generated during any executive session shall be sealed from public inspection.
(f)	All otherwise confidential information and records acquired by the State Child Fatality Review Team, in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings except pursuant to an order of the court; and may only be disclosed as necessary to carry out the purposes of the State Child Fatality Review Team. In addition, all otherwise confidential information and records created by the State Child Fatality Review Team in the exercise of its duties are confidential; are not subject to discovery or introduction into evidence in any proceedings; and may only be disclosed as necessary to carry out the purposes of the State Child Fatality Review Team. No member of the State Child Fatality Review Team, nor any person who attends a meeting of the State Child Fatality Review Team, may testify in any proceeding about what transpired at the meeting, about information presented at the meeting, or about opinions formed by the person as a result of the meetings. This subsection shall not, however, prohibit a person from testifying in a civil or criminal action about matters within that person's independent knowledge.
(g)	Each member of the State Child Fatality Review Team and invited participant shall sign a statement indicating an understanding of and adherence to confidentiality requirements, including the possible civil or criminal consequences of any breach of confidentiality.
(h)	Repealed by Session Laws 2013‑360, s. 12A.8(f), effective July 1, 2013."

PART IV. EFFECTIVE DATE
SECTION 4.1.  Except as otherwise provided, this act becomes effective December 1, 2019.