(a) Notwithstanding any other provision of law, immediately upon the request of the Committee and as necessary to carry out the Committee’s purpose and duties, the Committee shall be provided, without cost and without authorization of the persons to whom the information or records relate, access to:
(1) All information and records of any District of Columbia agency, or their contractors, including, but not limited to, birth and death certificates, law enforcement investigation data, unexpurgated juvenile and adult arrest records, intellectual and developmental disabilities records, medical examiner investigation data and autopsy reports, parole and probation information and records, school records, and information records of social services, housing, and health agencies that provided services to the child, the child’s family, or an alleged perpetrator whose acts led to the death of the child.
(2) All information and records (including information on prenatal care) of any private health-care providers located in the District of Columbia, including providers of mental health services who provided services to the deceased child, the deceased child’s family, or the alleged perpetrator whose acts led to the death of the child.
(3) All information and records of any private child welfare agency, educational facility or institution, or child care provider doing business in the District of Columbia who provided services to the deceased child, the deceased child’s immediate family, or the alleged perpetrator whose acts led to the death of the child.
(b) The Committee shall have the authority to seek information from entities and agencies outside the District of Columbia by any legal means.
(c) Notwithstanding subsection (a)(1) of this section, information and records concerning a current law enforcement investigation may be withheld, at the discretion of the investigating authority, if disclosure of the information would compromise a criminal investigation.
(d) If information or records are withheld under subsection (c) of this section, a report on the status of the investigation shall be submitted to the Committee every 3 months until the earliest of the following events occurs:
(1) The investigation is concluded;
(2) The investigating authority determines that providing the information will no longer compromise the investigation; or
(3) The information or records are provided to the Committee.
(d-1) The Committee may conduct voluntary parental interviews as part of the fatality review process to identify and characterize the scope and nature of the child death.
(e) All records and information obtained by the Committee pursuant to subsections (a), (b), and (d-1) of this section pertaining to the deceased child or any other individual shall be destroyed following the preparation of the final Committee report. All additional information concerning a review, except statistical data, shall be destroyed by the Committee one year after publication of the Committee’s annual report.
(Oct. 3, 2001, D.C. Law 14-28, § 4606, 48 DCR 6981; Sept. 26, 2012, D.C. Law 19-169, § 11(c), 59 DCR 5567; Oct. 30, 2018, D.C. Law 22-164, § 202, 65 DCR 9324; Oct. 30, 2018, D.C. Law 22-168, § 3055(c), 65 DCR 9388.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “intellectual” for “mental retardation” in (a)(1).
For temporary (90 day) addition of section, see § 6 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).
For temporary (90 day) addition of section, see § 6 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14-82, July 9, 2001, 48 DCR 6355).
For temporary (225 day) addition of section, see § 2 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.