SB 474 — Creating critical incident review team

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 474 ByBYS SenatorsENATORSW Woelfel,OELFEL, Takubo,AKUBO,AND andDEEDS Deeds[Originating [Introducedin Januarythe 17,Committee 2024;on Health and Human Resources;

referredreported toJanuary the26, Committee2024] onCS Healthfor and Human Resources] Intr SB 2024R3050474 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated,designated §61-12B-1, §61-12B-2, §61-12B-3, §61-12B-4, and §61-12B-5, all relating to critical incident reporting;

creating a criticalCritical incidentIncident reviewReview team;Team;

setting forth duties of the criticalCritical incidentIncident reviewReview team;Team;

requiring reporting of the criticalCritical incidentIncident reviewReview team;Team;

providing criticalCritical incidentIncident reviewReview teamTeam with access to information;

(a) The Critical Incident Review Team is created under the OfficeDepartment of theHuman InspectorServices General and is a multidisciplinary team created to oversee and coordinate the examination, review, and assessment of:

A known case is defined as an open childChild protectiveProtective servicesServices case or youth services case in the last 12 monthsmonths, or a case whom childChild protectiveProtective services,Services, youth services, or a contracted vendor has assessed within the last 12 months;

and (3) The deaths or near deaths of a child whose identity is brought to the attention of the Department of Human Services through a centralized intake report, regardless of whether the report was accepted for an investigationinvestigation. or not.

(1) The Commissioner of the Bureau offor Social ServicesServices, or Designee,his or her designee, who is to serve as the chairperson and who is responsible for calling and coordinating quarterly meetings of the Critical Incident Review Team;

CS for SB 474 (3) The Deputy Commissioner of the Bureau offor Social Services;

Intr SB 2024R3050 (4) TheRepresentatives Regional Directors and representatives from the Offices of Field Support, Programs and Resource Development, Planning and Research, and the Offices of Field Operations;

(5) The Communitysocial Servicesservices Managermanager for any district having a history with the child or his or her family that is the subject of the critical incident review;

and (7) A representative of the West Virginia Supreme Court,Court of Appeals, Division of Children Services.

(c) Each member shall serve without additional compensation anyand may not be reimbursed for any expenses incurred in the discharge of his or her duties under the provisions of this article.

At any such time, the Critical Incident Review Team shall require that all appropriate privacy requirements required ofin this article are in place.

(a) The Critical Incident Review Team shall:

(3) Provide statistical information and analysis regarding the causes of certain fatalitiesdeaths and near fatalities;deaths;

(5) Establish processes and protocols for the review and analysis of fatalitiesdeaths and near fatalitiesdeaths of those who were not suffering from mortal diseases shortly before death;

and IntrCS for SB 2024R3050474 (7) Seek additional expert guidance,guidance as necessary to complete a review of any death or near death evaluated.

(a) The Critical Incident Review Team shall submit an initial report on December 1, 2024, to the Legislative Oversight Commission on Health and Human Resources and the report shall be submitted December 1,1 annually thereafter.

(b) The report is to include statistical information concerning cases reviewed during the year, trends and patterns concerning these cases, and the team’s recommendations to reduce the number of fatalitiesdeaths and near fatalitiesdeaths that occur in this state.

(c) The Critical Incident Review Team may provide reporting to child residential facilities to inform their internal peer review activities.

(2) Substance abuse recordrecords to the extendextent allowed by federal law;

(3) Information and records maintained by any state, federal, andor local government agency, except as provided in section§61-12B-2 two of this article.code.

(b) State, county, and local government agenciesagenciesshall shall provide the CriticalCriticalIncident Incident Review Team with any information requested in writing by the team.

This section does not limit or restrict IntrCS for SB 2024R3050474 the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the team.

(b) MemberMembers of the Critical Incident Review Team may not be questionsquestioned in any civil or criminal proceeding regarding information presented or opinions formed as a result of a meeting of the team.

(c) Proceedings, records, and opinions of the Critical Incident Review Team established by the team are exempt from disclosure under the Freedom of Information Act as provided in §28B-1-§29B-1-1 1 et seq.

(d) Notwithstanding any other provision to the contrary, the Critical Incident Review Team shall prepare a compilation of data to be shared, on an annual basis,basis or more often as requested or needed, with the Centers for Disease Control and Prevention to study child deaths or near deaths.

(e) Information shall be maintained by the Critical Incident Review Team in a confidential manner complaintcompliant with the Health Insurance Portability and Accountability Act of 1996.

NOTE:

The purpose of this bill is to codify the Critical Incident Review Team, to set forth its responsibilities, provide access to information and to set forth confidentiality provisions.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.