Child fatalities

AN ACT Relating to modernizing the child fatality statute; and 1
amending RCW 70.05.170. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 70.05.170 and 2010 c 128 s 1 are each amended to 4
read as follows: 5
(1)(a) The legislature finds that the mortality rate in 6
Washington state among infants and children less than ((eighteen)) 19 7
years of age is unacceptably high, and that such mortality may be 8
preventable. The legislature further finds that, through the 9
performance of child ((mortality)) fatality reviews, preventable 10
causes of child mortality can be identified and addressed, thereby 11
reducing the infant and child mortality in Washington state.12
(b) It is the intent of the legislature to encourage the 13
performance of child ((death)) fatality reviews by local health 14
departments by providing necessary legal protections to the families 15
of children whose deaths are studied, local health department 16
officials and employees, and health care professionals participating 17
in child ((mortality)) fatality review committee activities.18
(2) As used in this section, "child ((mortality)) fatality 19
review" means a process authorized by a local health department as 20
such department is defined in RCW 70.05.010 for examining factors 21
S-0208.1
SENATE BILL 5163
State of Washington 69th Legislature 2025 Regular Session
By Senators Orwall, Shewmake, Dhingra, Conway, Cleveland, Wellman,
Hasegawa, Riccelli, Saldaña, Nobles, Valdez, and C. Wilson
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Human Services.
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that contribute to deaths of children ((less than eighteen)) up to 19 1
years of age. The process may include a systematic review of medical, 2
clinical, and hospital records; home interviews of parents and 3
caretakers of children who have died; analysis of individual case 4
information; and review of this information by a team of 5
professionals in order to identify modifiable medical, socioeconomic, 6
public health, behavioral, administrative, educational, and 7
environmental factors associated with each death. 8
(3) Local health departments are authorized to conduct child 9
((mortality)) fatality reviews. In conducting such reviews, the 10
following provisions shall apply: 11
(a) All health care information collected as part of a child 12
((mortality)) fatality review is confidential, subject to the 13
restrictions on disclosure provided for in chapter 70.02 RCW. When 14
documents are collected as part of a child ((mortality)) fatality 15
review, the records may be used solely by local health departments 16
for the purposes of the review. 17
(b) ((No identifying information related to the deceased child, 18
the child's guardians, or anyone interviewed as part of the child 19
mortality review may be disclosed. Any such information shall be 20
redacted from any records produced as part of the review. )) Local 21
health departments and the department may retain identifiable 22
information and geographic information on each case for the purposes 23
of determining trends, performing analysis over time, and for quality 24
improvement efforts. Information and records prepared, owned, used, 25
or retained by the local health departments, their respective 26
offices, or staff that reveals the identification and location of any 27
person or persons being the subject of review shall not be made 28
public in accordance with RCW 42.56.365.29
(c) Any witness statements or documents collected from witnesses, 30
or summaries or analyses of those statements or records prepared 31
exclusively for purposes of a child ((mortality)) fatality review, 32
are not subject to public disclosure, discovery, subpoena, or 33
introduction into evidence in any administrative ((, civil, or 34
criminal)) or civil proceeding related to the death of a child 35
reviewed. This provision does not restrict or limit the discovery or 36
subpoena from a health care provider of records or documents 37
maintained by such health care provider in the ordinary course of 38
business, whether or not such records or documents may have been 39
supplied to a local health department pursuant to this section. This 40
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provision shall not restrict or limit the discovery or subpoena of 1
documents from such witnesses simply because a copy of a document was 2
collected as part of a child ((mortality)) fatality review.3
(d) No local health department official or employee, and no 4
members of technical committees established to perform case reviews 5
of selected child deaths may be examined in any administrative ((, 6
civil, or criminal )) or civil proceeding as to the existence or 7
contents of documents assembled, prepared, or maintained for purposes 8
of a child ((mortality)) fatality review. 9
(e) This section shall not be construed to prohibit or restrict 10
any person from reporting suspected child abuse or neglect under 11
chapter 26.44 RCW, nor to limit access to or use of any records, 12
documents, information, or testimony in any civil or criminal action 13
arising out of any report made pursuant to chapter 26.44 RCW, nor to 14
require disclosures in conflict with federal law. 15
(((4))) (f) If the team identifies a current, reportable, and 16
unresolved concern about child abuse or neglect, it may designate one 17
member to make a report to the child abuse hotline. This subsection 18
does not create a mandatory duty under RCW 26.44.030 for any review 19
team or individual review team member.20
(4) To aid in a child fatality review, the local health 21
department may:22
(a) Request and receive data for specific fatalities including, 23
but not limited to, all medical records related to the child death, 24
autopsy reports, medical examiner reports, coroner reports, and 25
school, the criminal justice system, law enforcement, and social 26
services records; and27
(b) Request and receive data described in (a) of this subsection 28
from health care providers, health care facilities, clinics, schools, 29
the criminal justice system, law enforcement, laboratories, medical 30
examiners, coroners, professions and facilities licensed by the 31
department, local health departments, the health care authority and 32
its licensees and providers, the department of social and health 33
services and its licensees and providers, and the department of 34
children, youth, and families and its licensees and providers.35
(5) Upon request by the local health department, health care 36
providers, health care facilities, clinics, schools, the criminal 37
justice system, law enforcement, laboratories, medical examiners, 38
coroners, professions and facilities licensed by the department of 39
health, local health departments, the health care authority and its 40
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licensees and providers, the department of social and health services 1
and its licensees and providers, and the department of children, 2
youth, and families and its licensees and providers must provide all 3
medical records related to the child, autopsy reports, medical 4
examiner reports, coroner reports, social services records, and other 5
data requested for specific child fatality reviews to the local 6
health department. Data described in certifications and informational 7
copies of birth and death records issued from the state vital records 8
system shall be provided at no charge. 9
(6) The department shall assist local health departments to 10
collect the reports of any child ((mortality)) fatality reviews 11
conducted by local health departments and assist with entering the 12
reports into a database ((to the extent that the data is not 13
protected under subsection (3) of this section. Notwithstanding 14
subsection (3) of this section, the department shall respond to any 15
requests for data from the database to the extent permitted for 16
health care information under chapter 70.02 RCW)). All information 17
submitted to the department and local health departments pursuant to 18
this subsection is not subject to public disclosure, discovery, 19
subpoena, or introduction into evidence in any civil, criminal, or 20
administrative proceeding related to the death of a child reviewed. 21
In addition, the department shall provide technical assistance to 22
local health departments and child death review coordinators 23
conducting child ((mortality)) fatality reviews and encourage 24
communication among child ((death)) fatality review teams. ((The 25
department shall conduct these activities using only federal and 26
private funding.27
(5))) (a) This subsection does not prevent any person from 28
testifying in a civil, criminal, or administrative action concerning 29
facts that form the basis of a child fatality review for which the 30
person had personal knowledge acquired independently of the child 31
fatality review or which is public information.32
(b) This subsection does not prevent the introduction of evidence 33
into any civil, criminal, or administrative proceeding of information 34
related to a child death acquired independently of the department or 35
a local health jurisdiction or which is public information.36
(7) This section does not prevent the department or a local 37
health department from publishing statistical compilations and 38
reports related to the child ((mortality)) fatality review. Any 39
portions of such compilations and reports that identify individual 40
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cases and sources of information must be redacted. These reports may 1
be used in the development and coordination of statewide child 2
fatality prevention strategies and interventions.3
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