Kentucky Statutes 211.686 – Authorization for coroners to establish local child and maternal fatality response teams — Confidentiality of team proceedings and records
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(1) A local child and maternal fatality response team may be established in every county or group of contiguous counties by the coroner or coroners with jurisdiction in the county or counties. The local coroner may authorize the creation of additional local teams within the coroner’s jurisdiction as needed.
(2) Membership of the local team may include representatives of the coroner, the local office of the Department for Community Based Services, law enforcement agencies with investigation responsibilities for child and maternal fatalities which occur within the jurisdiction of the local team, the Commonwealth’s and county attorneys, representatives of the medical profession, and other members whose participation the local team believes is important to carry out its purpose. Each local team member shall be appointed by the agency the member is representing and shall serve at the pleasure of the appointing authority.
(3) The purpose of the local child and maternal fatality response team shall be to:
(a) Allow each member to share specific and unique information with the local team;
(b) Generate overall investigative direction and emphasis through team coordination and sharing of specialized information;
(c) Create a body of information that will assist in the coroner’s effort to accurately identify the cause and reasons for death; and
(d) Facilitate the appropriate response by each member agency to the fatality, including but not limited to, intervention on behalf of others who may be adversely affected by the situation, implementation of health services necessary for protection of other citizens, further investigation by law enforcement, or legal action by Commonwealth’s or county attorneys.
(4) The local team may:
(a) Analyze information regarding local child and maternal fatalities to identify trends, patterns, and risk factors;
(b) Recommend to the state team, and any other entities deemed appropriate, changes in state or local programs, legislation, administrative regulations, policies, budgets, and treatment and service standards which may facilitate strategies for prevention and reduce the number of child and maternal fatalities; and
(c) Evaluate the effectiveness of local prevention and intervention strategies.
(5) The local team may establish a protocol for the investigation of child and maternal fatalities and may establish operating rules and procedures as it deems necessary to carry out the purposes of this section.
(6) The review of a child and maternal fatality by a local team may include information from reports generated or received by agencies, organizations, or individuals that are responsible for investigation, prosecution, or treatment in the case.
(7) The proceedings, records, opinions, and deliberations of the local team shall be
privileged and shall not be subject to discovery, subpoena, or introduction into evidence in any civil action in any manner that would directly or indirectly identify specific persons or cases reviewed by the local team. Nothing in this subsection shall be construed to restrict or limit the right to discover or use in any civil action any evidence that is discoverable independent of the proceedings of the local team.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 152, sec. 4, effective July 14, 2018. — Amended
2000 Ky. Acts ch. 14, sec. 43, effective July 14, 2000. — Created 1996 Ky. Acts ch.
347, sec. 4, effective July 15, 1996.
(2) Membership of the local team may include representatives of the coroner, the local office of the Department for Community Based Services, law enforcement agencies with investigation responsibilities for child and maternal fatalities which occur within the jurisdiction of the local team, the Commonwealth’s and county attorneys, representatives of the medical profession, and other members whose participation the local team believes is important to carry out its purpose. Each local team member shall be appointed by the agency the member is representing and shall serve at the pleasure of the appointing authority.
Terms Used In Kentucky Statutes 211.686
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Subpoena: A command to a witness to appear and give testimony.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) The purpose of the local child and maternal fatality response team shall be to:
(a) Allow each member to share specific and unique information with the local team;
(b) Generate overall investigative direction and emphasis through team coordination and sharing of specialized information;
(c) Create a body of information that will assist in the coroner’s effort to accurately identify the cause and reasons for death; and
(d) Facilitate the appropriate response by each member agency to the fatality, including but not limited to, intervention on behalf of others who may be adversely affected by the situation, implementation of health services necessary for protection of other citizens, further investigation by law enforcement, or legal action by Commonwealth’s or county attorneys.
(4) The local team may:
(a) Analyze information regarding local child and maternal fatalities to identify trends, patterns, and risk factors;
(b) Recommend to the state team, and any other entities deemed appropriate, changes in state or local programs, legislation, administrative regulations, policies, budgets, and treatment and service standards which may facilitate strategies for prevention and reduce the number of child and maternal fatalities; and
(c) Evaluate the effectiveness of local prevention and intervention strategies.
(5) The local team may establish a protocol for the investigation of child and maternal fatalities and may establish operating rules and procedures as it deems necessary to carry out the purposes of this section.
(6) The review of a child and maternal fatality by a local team may include information from reports generated or received by agencies, organizations, or individuals that are responsible for investigation, prosecution, or treatment in the case.
(7) The proceedings, records, opinions, and deliberations of the local team shall be
privileged and shall not be subject to discovery, subpoena, or introduction into evidence in any civil action in any manner that would directly or indirectly identify specific persons or cases reviewed by the local team. Nothing in this subsection shall be construed to restrict or limit the right to discover or use in any civil action any evidence that is discoverable independent of the proceedings of the local team.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 152, sec. 4, effective July 14, 2018. — Amended
2000 Ky. Acts ch. 14, sec. 43, effective July 14, 2000. — Created 1996 Ky. Acts ch.
347, sec. 4, effective July 15, 1996.