Parental Consent to Release Child Autopsies.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 164

Short Title: Parental Consent to Release Child Autopsies. (Public)
Sponsors: Representatives Balkcom, Campbell, Carson Smith, and Stevens (Primary
Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, State and Local Government, if favorable, Rules,
Calendar, and Operations of the House
February 24, 2025
*H164-v-1*
A BILL TO BE ENTITLED 1
AN ACT ESTABLISHING A PARENTAL CONSENT R EQUIREMENT FOR THE 2
DISCLOSURE OR RELEAS E OF CHILD AUTOPSY I NFORMATION COMPILED OR 3
PREPARED BY THE OFFICE OF THE CHIEF MEDICAL EXAMINER. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 130A-385 is amended by adding new subsections to read: 6
"(d1) Any records, worksheets, reports, photographs, tests, or analyses compiled, prepared, 7
or conducted by the Office of the Chief Medical Examiner, a pathologist designated by the Chief 8
Medical Examiner, a county medical examiner appointed under G.S. 130A-382, an investigating 9
medical examiner, or an autopsy center in connection with the death of a child who was under 10
18 years of age at the time of death, including any autopsy photographs or vi deo or audio 11
recordings, are confidential and may be disclosed or released only with the prior written consent 12
of the deceased child 's parent or guardian or a person standing in loco parentis to the deceased 13
child as follows: 14
(1) The custodian of the finalized autopsy report may release a copy at a time and 15
location determined by the custodial agency to a personal representative of the 16
decedent's estate to enable the personal representative to fulfill his or her 17
duties under the law. 18
(2) The Office of the C hief Medical Examiner, a pathologist designated by the 19
Chief Medical Examiner, a county medical examiner appointed under 20
G.S. 130A-382, an investigating medical examiner, or an autopsy center is not 21
prohibited from disclosing or releasing information or reports when necessary 22
to address public health or safety concerns; for public health purposes, 23
including public health surveillance, investigations, interventions, and 24
evaluations; to facilitate research; to comply with reporting requirements 25
under State or federal law or in connection with State or federal grants; or to 26
comply with any other duties imposed by law. 27
Any person who willfully and knowingly discloses or releases confidential materials in 28
connection with the death of a child who was under 18 year s of age at the time of death, in 29
violation of this subsection, or who willfully and knowingly possesses or disseminates 30
confidential materials that were disclosed or released in violation of this subsection, is guilty of 31
a Class 1 misdemeanor; provided, however, that more than one occurrence of disclosure, release, 32
possession, or dissemination of the same item by the same person is not a separate offense. As 33
General Assembly Of North Carolina Session 2025
Page 2 House Bill 164-First Edition
used in this subsection, the term "disclose" means the act of making materials designated as 1
confidential under this subsection available for viewing or listening by a person or entity upon 2
request, at a time and location chosen by the custodial agency, and the term "release" means the 3
act of the custodial agency in providing a copy of materials designa ted confidential under this 4
subsection. 5
(d2) In the event a deceased child's parents or guardian or person standing in loco parentis 6
to the deceased child withholds the consent required for disclosure or release under subsection 7
(d1) of this section, a per son or entity seeking disclosure or release of the materials may 8
commence a special proceeding in the superior court of the county where the death that is the 9
subject of the materials occurred to obtain a court order for disclosure or release of the materials. 10
The court may conduct an in -camera review of the materials. Upon a showing of good cause, a 11
superior court judge may issue an order authorizing the disclosure or release of the materials and 12
may prescribe any restrictions or stipulations that the supe rior court judge deems appropriate. 13
The petitioner shall provide reasonable notice of the commencement of the special proceeding 14
and reasonable notice of the opportunity to be present and heard at any hearing on the matter in 15
accordance with Rule 5 of the Rules of Civil Procedure. The notice shall be provided, in writing, 16
to the deceased child 's parents or guardian, or to the person standing in loco parentis to the 17
deceased child; the Office of the Chief Medical Examiner; the district attorney of the county in 18
which the death occurred; and the personal representative of the estate of the deceased, if any. In 19
determining good cause, the judge shall consider whether the disclosure or release is necessary 20
for the public evaluation of governmental performance, t he seriousness of the intrusion into the 21
family's right to privacy, whether the requested disclosure or release is the least intrusive means 22
available, the need to withhold the records to facilitate the investigation or prosecution of 23
criminal offenses, th e rights of the defendant in any ongoing criminal investigation or 24
prosecution, the public interest in having access to the records, and the availability of similar 25
information in other public records, regardless of form. A party aggrieved by an order of t he 26
superior court authorized by this subsection may appeal in accordance with Article 27 of Chapter 27
1 of the General Statutes." 28
SECTION 2. G.S. 130A-389.1 reads as rewritten: 29
"§ 130A-389.1. Photographs and video or audio recordings made pursuant to autopsy. 30
(a) Except as otherwise provided by law, law and excluding any confidential materials in 31
connection with the death of a child who was under 18 years of age at the time of death that a 32
parent or guardian or person standing in loco parentis elects to protect from disclosure or release 33
under G.S. 130A-385(d1), any person may inspect and examine original photographs or video or 34
audio recordings of an autopsy performed pursuant to G.S. 130A-389(a) at reasonable times and 35
under reasonable supervision of th e custodian of the photographs or recordings. Except as 36
otherwise provided by this section, no custodian of the original recorded images shall furnish 37
copies of photographs or video or audio recordings of an autopsy to the public. For purposes of 38
this section, the Chief Medical Examiner shall be the custodian of all autopsy photographs or 39
video or audio recordings unless the photographs or recordings were taken by or at the direction 40
of an investigating medical examiner and the investigating medical examiner retains the original 41
photographs or recordings. If Except in cases in which the materials are protected from disclosure 42
or release under G.S. 130A-385(d1), if the investigating medical examiner has retained the 43
original photographs or recordings, then the investigating medical examiner is the custodian of 44
the photographs or video or audio recordings and must shall allow the public to inspect and 45
examine them in accordance with this subsection. 46
… 47
(d) A person who is denied access to copies of photographs or video or audio recordings, 48
or who is restricted in the use the person may make of the photographs or video or audio 49
recordings under this section, may commence a special proceeding in accordance with Article 33 50
of Chapter 1 of the General Statutes. Upon a showing of good cause, the clerk may issue an order 51
General Assembly Of North Carolina Session 2025
House Bill 164-First Edition Page 3
authorizing the person to copy or disclose a photograph or video or audio recording of an autopsy 1
and may prescribe any restrictions or stipulations that the clerk deems appropriate. In determining 2
good cause, the clerk shall consider whether the disclosure is necessary for the public evaluation 3
of governmental performance; the seriousness of the intrusion into the family's right to privacy 4
and whether the disclosure is the least intrusive means available; and the availability of similar 5
information in other public records, regardless of form. In all cases, the viewing, copying, 6
listening to, or other handling of a photograph or video or audio recording of an autopsy shall be 7
under the direct supervision of the Chief Medical Examiner or the Chief Medical Examiner's 8
designee. A party aggrieved by an order of the clerk may appeal to the appropriate court in 9
accordance with Article 27A of Chapter 1 of the General Statutes. This subsection does not apply 10
to autopsy photographs or video or audio recordings of a deceased child that was under 18 years 11
of age at the time of death that a parent or guardian or person standing in loco parentis elects to 12
protect from disclosure or release under G.S. 130A-385(d1). Autopsy photographs or video or 13
audio recordings of a deceased child that was under 18 years of age at the time of death may be 14
disclosed or released only with the prior consent of the deceased child 's parent or guardian or 15
person standing in loco parentis to the deceased child or in accordance with G.S. 130A-385(d2). 16
…." 17
SECTION 3. G.S. 132-1.8 reads as rewritten: 18
"§ 132-1.8. Confidentiality of photographs and video or audio recordings made pursuant 19
to autopsy. 20
Except as otherwise provided in G.S. 130A-389.1, a photograph or video or audio recording 21
of an official autops y is not a public record as defined by G.S. 132-1. However, the text of an 22
official autopsy report, including any findings and interpretations prepared in accordance with 23
G.S. 130A-389(a), is a public record and fully accessible by the public. For purposes of this 24
section, an official autopsy is an autopsy performed pursuant to G.S. 25
130A-389(a).G.S. 130A-389(a) on a person who was 18 years of age or older at the time of 26
death." 27
SECTION 4. This act becomes effective October 1, 2025. 28