(a) (1) The safety of children is a paramount concern for the citizens of Arkansas.
(2) (A) There are children who die from abuse or neglect or who have previously come into contact with the Division of Children and Family Services of the Department of Human Services whose deaths might have been prevented.
(B) The state has a responsibility to examine the deaths and near fatalities of children in order to identify strategies to prevent future deaths and near fatalities of children who are at similar risk of harm.
(3) The examination into deaths of children who have come into contact with the Division of Children and Family Services requires multidisciplinary participation from the community and experts in child welfare.
(4) The examination of deaths and near fatalities in contact with the Division of Children and Family Services should include transparent and comprehensive review of the circumstances leading to the death or near fatality and the review process should lead to recommendations and actions to be implemented to prevent future child deaths and near fatalities.
(b) The Child Death and Near Fatality Multidisciplinary Review Committee is created to include the following members:
(1) The Director of the Division of Children and Family Services of the Department of Human Services or his or her designee;
(2) One (1) member to represent the Division of Children and Family Services of the Department of Human Services Worker Supervisor as designated by the Director of the Division of Children and Family Services of the Department of Human Services;
(3) One (1) member to represent the Division of Children and Family Services of the Department of Human Services Investigations Supervisor as designated by the Director of the Division of Children and Family Services of the Department of Human Services;
(4) The Commander of the Crimes Against Children Division of the Department of Arkansas State Police or his or her designee;
(5) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission or his or her designee;
(6) The Executive Director of the Children's Advocacy Centers of Arkansas or his or her designee;
(7) The Director of the Arkansas State Court Appointed Special Advocates for Children Association or his or her designee;
(8) The Director of the Team for Children at Risk and Arkansas Children's House of the Arkansas Children's Hospital or his or her designee;
(9) The Director of the Dependency-Neglect Attorney Ad Litem Program or his or her designee;
(10) The Director of the Office of Policy and Legal Services of the Department of Human Services or his or her designee;
(11) The Director of the Office of the Prosecutor Coordinator or his or her designee;
(12) One (1) member appointed by the chair of the Children and Youth Subcommittee of the House Committee on Aging, Children and Youth, Legislative and Military Affairs;
(13) One (1) member appointed by the Chief Justice of the Supreme Court;
(14) One (1) member appointed by the Governor; and
(15) One (1) member to be designated by the Arkansas Child Abuse/Rape/Domestic Violence Commission.
(c) The Child Death and Near Fatality Multidisciplinary Review Committee shall review all child deaths of children under eighteen (18) years of age who had contact with the Division of Children and Family Services of the Department of Human Services within twenty-four (24) months before death as determined by comparing records of deaths from the Division of Vital Records with information in the Children's Reporting and Information System of the Department of Human Services.
(d) The Child Death and Near Fatality Multidisciplinary Review Committee shall review all deaths and near fatalities of children that have been reported through the Child Abuse Hotline.
(e) (1) The Child Death and Near Fatality Multidisciplinary Review Committee shall meet no less than one (1) time each quarter of the calendar year.
(2) A majority of the members of the Child Death and Near Fatality Multidisciplinary Review Committee shall constitute a quorum for the transaction of business.
(3) A vacancy arising among the appointed membership of the Child Death and Near Fatality Multidisciplinary Review Committee for reasons other than expiration of the regular terms for which the member was appointed shall be filled by appointment by the person who appointed the vacating member.
(4) At the expiration of the term of the initial chair, the Child Death and Near Fatality Multidisciplinary Review Committee shall elect a chair who shall serve a one (1) year term.
(f) The meetings shall be closed and information discussed at the meeting shall be confidential.
(g) No other individual shall be allowed to attend or participate in a meeting unless a majority of the members vote to request the attendance of a noncommittee member.
(h) The Division of Children and Family Services of the Department of Human Services and the Crimes Against Children Division of the Department of Arkansas State Police shall provide the list of all child deaths and near fatalities to be reviewed and all records related to the child in physical or electronic format to the members of the Child Death and Near Fatality Multidisciplinary Review Committee no less than fourteen (14) calendar days before a scheduled meeting.
(i) The Department of Human Services shall provide to the Child Death and Near Fatality Multidisciplinary Review Committee a summary of any internal child death or near fatality review with the actions and recommendations of the Department of Human Services.
(j) Materials and information provided to members of the Child Death and Near Fatality Multidisciplinary Review Committee shall not be disclosed except to the Child Death and Near Fatality Multidisciplinary Review Committee.
(k) The Child Death and Near Fatality Multidisciplinary Review Committee shall produce an annual report that shall contain a summary of findings, actions taken by the Department of Human Services or others and recommendations to each branch of state government to improve practices and prevent future child deaths or near fatalities.
(l) Each Child Death and Near Fatality Multidisciplinary Review Committee member may review the report and submit additional comments that shall be included as an addendum to the report.
(m) The annual report produced by the Child Death and Near Fatality Multidisciplinary Review Committee shall be presented to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and shall be made available on the public disclosure of child deaths and near fatalities website of the Department of Human Services.
(n) A Child Death and Near Fatality Multidisciplinary Review Committee member shall not be reimbursed for expenses to travel to or participate on the committee.
(o) The Department of Human Services shall provide office space, materials, and staff assistance to the Child Death and Near Fatality Multidisciplinary Review Committee.
Section: Previous 9-25-102 9-25-104 9-25-105Last modified: November 15, 2016