[Amended 5-16-2017 by L.L. No. 17-2017]
As used in this chapter, the following terms shall have the
meanings indicated:
OCFS
The New York State Office of Children and Family Services.
[Amended 5-16-2017 by L.L. No. 17-2017]
A. All meetings conducted and all reports and records made and maintained,
and books and papers obtained by the Team shall be confidential and
not open to the general public except by court order.
B. The Child Fatality Review Team shall prepare and submit an annual
report to the Clerk of the Legislature and to OCFS by December 31
of each calendar year, summarizing the Team's activities and
recommendations in accordance with the format prescribed by OCFS,
which may include a minimum of the following information:
(1) Number of deaths reviewed, in the categories set forth in Social
Services Law § 20(5), which includes the death of a child:
(a)
Whose care and custody or custody and guardianship was transferred
to an authorized agency, excluding any child who at the time of death
was residing in a residential facility/center by OCFS;
(b)
For whom there is an open Child Protective Services case;
(c)
For whom there is an open Preventative Services case;
(d)
For whom a report was made to the Statewide Central Register;
or
(e)
Which is unexplained or unexpected.
(2) Number of team meetings, including whether a review was immediate,
concurrent, retrospective or "other."
(3) Data from team reviews, including existing patterns and trends, subsequent
findings and identified recommendations for improved or best practice
for the local Department of Social Services, community interventions
and the practices and functioning of the team.
Members of the Child Fatality Review Team, persons attending
a meeting of the Team and persons who present information to the Team
shall have immunity from civil and criminal liability for all reasonable
and good faith actions taken pursuant to this chapter and shall not
be questioned in any civil or criminal proceeding regarding any opinions
formed as a result of a meeting of the Child Fatality Review Team.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.