Session of 2000
HOUSE BILL No. 2918
By Representatives Carmody, Boston,
Campbell, Dahl, Faber, Farmer,
Flower,
Gregory, Howell, Hutchins, Jennison, Phill Kline, Landwehr,
Larkin,
Lightner, P. Long, Mayans, Mays, McClure, McCreary, Mol-
lenkamp,
Jim Morrison, Myers, Neufeld, O'Neal, Pauls, Powell, Rear-
don,
Thimesch, Toplikar, Vining, Wagle, Weber and Wilk
2-9
14 AN ACT
concerning child death; amending K.S.A. 22a-241, 22a-242,
15 22a-243, 22a-244,
22a-245 and 22a-246 and repealing the existing
16 sections.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 Section
1. K.S.A. 22a-241 is hereby amended to read as follows:
22a-
20 241. As used in K.S.A. 22a-241 through
22a-244, and amendments
21 thereto:
22 (a) "Child"
means:
23 (1) A
person born alive who is less than 18 years of age at the
time
24 of death; or
25 (2) a person
who, at the time of death, was a fetus with a gestational
26 age of not less than 22 weeks and who
was aborted under the provisions
27 of K.S.A. 65-6703 and amendments thereto
or K.S.A. 1999 Supp. 65-6721
28 and amendments thereto.
29 (b) "Pathologist"
means a forensic pathologist, if available. Otherwise,
30 "pathologist" means a physician licensed to
practice medicine and surgery
31 and qualified to conduct an autopsy.
32 (c) "State review
board" means the state child death review board
33 established by K.S.A. 22a-243 and
amendments thereto.
34 (d) "Suspicious
circumstances" includes, but is not limited to, abuse
35 or neglect.
36 Sec.
2. K.S.A. 22a-242 is hereby amended to read as follows:
22a-
37 242. (a) When a child dies, any law
enforcement officer, health care pro-
38 vider or other person having knowledge of
the death shall immediately
39 notify the coroner of the known facts
concerning the time, place, manner
40 and circumstances of the death.
41 (1) If the
notice to the coroner identifies any suspicious circum-
42 stances or unknown cause, as described in
the protocol developed by the
43 state review board under K.S.A. 22a-243 and
amendments thereto, the
44 coroner shall immediately:
(1) (A) Investigate the death to
determine
2
1 whether the child's death included
any such suspicious circumstance or
2 unknown cause; and
(2) (B) direct a pathologist to perform an
autopsy.
3 (2) If
the notice to the coroner identifies a person whose life
was
4 terminated by abortion and the
gestational age of such person was not
5 less than 22 weeks at the time of
such abortion, the coroner shall imme-
6 diately: (A) Investigate the death
to determine compliance with the pro-
7 visions of K.S.A. 65-6703 and
amendments thereto and K.S.A. 1999 Supp.
8 65-6721 and amendments thereto;
and (B) direct a pathologist to perform
9 an autopsy.
10 (b) If, after
investigation and an autopsy, the coroner determines that
11 the death of a child does not include any
suspicious circumstances or
12 unknown cause, as described in the protocol
developed by the state re-
13 view board under K.S.A. 22a-243 and
amendments thereto, or, in the
14 case of an abortion performed on a
viable fetus with a gestational age of
15 22 weeks or more, that the abortion was
in compliance with K.S.A. 65-
16 6703 and amendments thereto or K.S.A.
1999 Supp. 65-6721 and amend-
17 ments thereto, the coroner shall
complete and sign a nonsuspicious child
18 death form.
19 (c) If, after
investigation and an autopsy, the coroner determines that
20 the death of a child includes any
suspicious circumstance or unknown
21 cause, as described in the protocol
developed by the state review board
22 under K.S.A. 22a-243 and amendments
thereto, or that probable cause
23 exists that a violation of K.S.A.
65-6703 and amendments thereto or K.S.A.
24 1999 Supp. 65-6721 and amendments
thereto has occurred, the coroner
25 shall notify, within 30 days, the
chairperson of the state review board and
26 shall notify, within 24 hours, the county
or district attorney of the county
27 where the death of the child occurred.
28 (d) The coroner
shall attempt to notify any parent or legal guardian
29 of the deceased child prior to the
performance of an autopsy pursuant to
30 this section and attempt to notify any such
parent or legal guardian of the
31 results of the autopsy.
32 (e) A coroner
shall not make a determination that the death of a child
33 less than one year of age was caused by
sudden infant death syndrome
34 unless an autopsy is performed.
35 (f) The fee for
an autopsy performed under this section shall be the
36 usual and reasonable fee and travel
allowance authorized under K.S.A.
37 22a-233 and amendments thereto and shall be
paid from moneys available
38 therefor from appropriations to the
department of health and environ-
39 ment. The reasonableness of all claims for
payment of a fee for an autopsy
40 under this section shall be determined by
the secretary of health and
41 environment.
42 Sec.
3. K.S.A. 22a-243 is hereby amended to read as follows:
22a-
43 243. (a) There is hereby established a
state child death review board,
3
1 which shall be composed of:
2 (1) One
member appointed by each of the following officers to rep-
3 resent the officer's agency: The
attorney general, the director of the Kan-
4 sas bureau of investigation, the
secretary of social and rehabilitation serv-
5 ices, the secretary of health and
environment and the commissioner of
6 education;
7 (2) three
members appointed by the state board of healing arts, one
8 of whom shall be a district coroner
and two of whom shall be physicians
9 licensed to practice medicine and
surgery, one specializing in pathology
10 and the other specializing in
pediatrics;
11 (3) one person
appointed by the attorney general to represent ad-
12 vocacy groups which focus attention on
child abuse awareness and pre-
13 vention; and
14 (4) one county or
district attorney appointed by the Kansas county
15 and district attorneys
association.; and
16 (5) one person
appointed by the speaker of the house of representa-
17 tives to represent advocacy groups which
oppose abortion and support
18 the concept that the lives of all
persons, born and preborn, are entitled to
19 constitutional protection.
20 (b) The
chairperson of the state review board shall be the member
21 appointed by the attorney general to
represent the office of the attorney
22 general.
23 (c) The state
child death review board shall be within the office of
24 the attorney general as a part thereof. All
budgeting, purchasing and re-
25 lated management functions of the board
shall be administered under the
26 direction and supervision of the attorney
general. All vouchers for ex-
27 penditures and all payrolls of the board
shall be approved by the chair-
28 person of the board and by the attorney
general. The state review board
29 shall establish and maintain an office in
Topeka.
30 (d) The state
review board shall meet at least annually to review all
31 reports submitted to the board. The
chairperson of the state review board
32 may call a special meeting of the board at
any time to review any report
33 of a child death.
34 (e) Within the
limits of appropriations therefor, the state review
35 board shall appoint an executive director
who shall be in the unclassified
36 service of the Kansas civil service act and
shall receive an annual salary
37 fixed by the state review board.
38 (f) Within the
limits of appropriations therefor, the state review board
39 may employ other persons who shall be in
the classified service of the
40 Kansas civil service act.
41 (g) Members of
the state review board shall not receive compensa-
42 tion, subsistence allowances, mileage and
expenses as provided by K.S.A.
43 75-3223 and amendments thereto for
attending meetings or subcommit-
4
1 tee meetings of the board.
2 (h) The
state review board shall develop a protocol to be used by the
3 state review board. The protocol
shall include written guidelines for cor-
4 oners to use in identifying any
suspicious deaths, procedures to be used
5 by the board in investigating child
deaths, methods to ensure coordination
6 and cooperation among all agencies
involved in child deaths and proce-
7 dures for facilitating prosecution of
perpetrators when it appears the
8 cause of a child's death was from
abuse or, neglect or an abortion
done
9 in violation of K.S.A. 65-6703 and
amendments thereto or K.S.A. 1999
10 Supp. 65-6721 and amendments
thereto. The protocol shall be adopted
11 by the state review board by rules and
regulations.
12 (i) The state
review board shall submit an annual report to the gov-
13 ernor and the legislature on or before
October 1 of each year, com-
14 mencing October 1993. Such report shall
include the findings of the
15 board regarding reports of child deaths,
the board's analysis and the
16 board's recommendations for improving child
protection, including rec-
17 ommendations for modifying statutes, rules
and regulations, policies and
18 procedures.
19 (j) Information
acquired by, and records of, the state review board
20 shall be confidential, shall not be
disclosed and shall not be subject to
21 subpoena, discovery or introduction into
evidence in any civil or criminal
22 proceeding, except that such information
and records may be disclosed
23 to any member of the legislature or any
legislative committee which has
24 legislative responsibility of the enabling
or appropriating legislation, car-
25 rying out such member's or committee's
official functions. The legislative
26 committee, in accordance with K.S.A.
75-4319 and amendments thereto,
27 shall recess for a closed or executive
meeting to receive and discuss in-
28 formation received by the committee
pursuant to this subsection.
29 (k) The state
review board may adopt rules and regulations as nec-
30 essary to carry out the provisions of
K.S.A. 22a-241 through 22a-244 and
31 amendments thereto.
32 Sec.
4. K.S.A. 22a-244 is hereby amended to read as follows:
22a-
33 244. (a) Within 72 hours after receipt of
notification from a coroner pur-
34 suant to K.S.A. 22a-242 and amendments
thereto, the chairperson of the
35 state review board may activate the board
to investigate and make a writ-
36 ten report regarding the death.
37 (b) The state
review board shall have access to all law enforcement
38 investigative information regarding the
death; any autopsy records and
39 coroner's investigative records relating to
the death; any medical records
40 of the child; and any records of the
department of social and rehabilitation
41 services or any other social service agency
which has provided services to
42 the child or its mother or the
child's family within three years preceding
43 the child's death.
5
1 (c) The
state review board may apply to the district court for the
2 issuance of, and the district court
may issue, a subpoena to compel the
3 production of any books, records or
papers relevant to the cause of any
4 death being investigated by the
board. Any books, records or papers re-
5 ceived by the board pursuant to the
subpoena shall be regarded as con-
6 fidential and privileged information
and not subject to disclosure.
7 (d) The
state review board's report shall contain the circumstances
8 leading up to the death and cause of
death; any social service agency
9 involvement prior to death, including
the kinds of services delivered to
10 the dead child or the child's parents,
siblings or any other children in the
11 home; the reasons for initial social
service agency activity and the reasons
12 for any termination of agency activities if
involvement was terminated;
13 whether court intervention had ever been
sought and, if so, any action
14 taken by the court; and recommendations for
prevention of future death
15 or future violations of K.S.A. 65-6703
and amendments thereto and K.S.A.
16 1999 Supp. 65-6721 and amendments
thereto under similar
17 circumstances.
18 (e) Within 15
days of its activation pursuant to this section, the state
19 review board shall complete and transmit a
copy of its written report to
20 the county or district attorney of the
county in which the child's death
21 occurred. If the death of the child
occurred in a different county than
22 where the child or its mother
resided, a copy of the report shall be sent
23 to the county or district attorney of the
county where the child resided
24 or, if the child resided in another state,
to the child protective services
25 agency of that state, or, if the child
was aborted, to the county or district
26 attorney of the county where such
abortion was performed.
27 (f) The state
review board shall maintain permanent records of all
28 written reports concerning child
deaths.
29 (g) The state
review board may disclose its conclusions regarding a
30 report of a child death but shall not
disclose any information received by
31 the board which is not subject to public
disclosure by the agency that
32 provided the information to the board.
33 (h) Information,
documents and records otherwise available from
34 other sources are not immune from discovery
or use in a civil or criminal
35 action solely because they were presented
during proceedings of the state
36 review board. A person who presented
information before the board or
37 who is a member of the board shall not be
prevented from testifying about
38 matters within the person's knowledge.
39 Sec.
5. K.S.A. 22a-245 is hereby amended to read as follows:
22a-
40 245. (a) There is hereby established in the
state treasury the district cor-
41 oners fund.
42 (b) Moneys in the
district coroners fund shall be allocated and dis-
43 tributed to each county on March 15 of each
year based on the number
6
1 of recorded deaths in the county
during the previous calendar year as a
2 ratio of the total number of deaths
in this state during the previous cal-
3 endar year and based on the number
of abortions performed under the
4 provisions of K.S.A. 65-6703 and
amendments thereto and K.S.A. 1999
5 Supp. 65-6721 and amendments
thereto in the county during the previous
6 calendar year as a ratio of the
total number of such abortions performed
7 in this state during the previous
calendar year. Such distributions shall
8 be credited to the county general
fund to assist in paying for the district
9 coroner's expenses pursuant to
chapter 2 of article 22a of the Kansas
10 Statutes Annotated, and amendments thereto.
Moneys in the district cor-
11 oners fund shall not be expended to the
county general fund until such
12 time as all outstanding death certificates
for the previous calendar year
13 are filed with the state registrar and such
certificate contains the final
14 cause of death.
15 (c) Payments to
counties under this act shall be made upon warrants
16 of the director of accounts and reports
issued pursuant to vouchers ap-
17 proved by the secretary of health and
environment or by a person or
18 persons designated by the secretary of
health and environment.
19 Sec.
6. K.S.A. 22a-246 is hereby amended to read as follows:
22a-
20 246. (a) When the death of a person is a
death described in K.S.A. 22a-
21 231 and amendments thereto and a criminal
investigation is or is likely
22 to be conducted regarding the death and the
body is to be cremated, the
23 district coroner or the coroner's agent
having charge of the body shall
24 cause to be taken such evidence to identify
the dead person, including
25 but not limited to:
26 (1) A forensic
dental examination to be made of the body, which
27 examination shall include complete
charting, dental x-rays and detailed
28 dental intra-oral photographs;
29 (2) the complete
maxillia and mandible of the body to be removed
30 and preserved; or
31 (3) a clear
recording or print of the complete ridge structure that may
32 be present on the hands and feet of the
body.; or
33 (4) pulmonary
tissue samples, if the child was aborted under the pro-
34 visions of K.S.A. 65-6703 and amendments
thereto or K.S.A. 1999 Supp.
35 65-6721 and amendments thereto.
36 (b) If a forensic
dental examination is made pursuant to subsection
37 (a), the coroner shall cause two copies of
the examination records to be
38 made.
39 (c) All records
and copies of records of a forensic dental examination
40 or ridge structure print made pursuant to
this section, or any maxilliae
41 and mandible removed pursuant to this
section, shall be preserved and
42 retained in evidence until all criminal
investigations and judicial proceed-
43 ings that may arise from such death are
finally determined.
7
1 Sec. 7. K.S.A. 22a-241,
22a-242, 22a-243, 22a-244, 22a-245 and 22a-
2 246 are hereby repealed.
3 Sec. 8. This act
shall take effect and be in force from and after its
4 publication in the statute book.