{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-283.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-283.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-283.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-283.1.html"}],"law_id":83516,"edition_id":1,"section_id":83516,"structure_id":15516,"section_number":"32.1-283.1","catch_line":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","history":"1994, c. 643; 1995, c. 499; 1999, cc. 703, 726; 2004, c. 690; 2007, c. 411; 2009, cc. 813, 840; 2014, c. 583; 2017, c. 778.","full_text":"A\n\nThere is hereby created the State Child Fatality Review Team, referred to in this section as “the Team,” which shall develop and implement procedures to ensure that child deaths occurring in Virginia are analyzed in a systematic way. The Team shall review (i) violent and unnatural child deaths, (ii) sudden child deaths occurring within the first 18 months of life, and (iii) those fatalities for which the cause or manner of death was not determined with reasonable medical certainty. No child death review shall be initiated by the Team until conclusion of any law-enforcement investigation or criminal prosecution. The Team shall (i) develop and revise as necessary operating procedures for the review of child deaths, including identification of cases to be reviewed and procedures for coordination among the agencies and professionals involved, (ii) improve the identification, data collection, and record keeping of the causes of child death, (iii) recommend components for prevention and education programs, (iv) recommend training to improve the investigation of child deaths, and (v) provide technical assistance, upon request, to any local child fatality teams that may be established. The operating procedures for the review of child deaths shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision B 17 of § 2.2-4002.B\n\nThe 16-member Team shall be chaired by the Chief Medical Examiner and shall be composed of the following persons or their designees: the Commissioner of Behavioral Health and Developmental Services; the Director of Child Protective Services within the Department of Social Services; the Superintendent of Public Instruction; the State Registrar of Vital Records; and the Director of the Department of Criminal Justice Services. In addition, one representative from each of the following entities shall be appointed by the Governor to serve for a term of three years: local law-enforcement agencies, local fire departments, local departments of social services, the Medical Society of Virginia, the Virginia College of Emergency Physicians, the Virginia Pediatric Society, local emergency medical services personnel, attorneys for the Commonwealth, and community services boards.C\n\nUpon the request of the Chief Medical Examiner in his capacity as chair of the Team, made after the conclusion of any law-enforcement investigation or prosecution, information and records regarding a child whose death is being reviewed by the Team may be inspected and copied by the Chief Medical Examiner or his designee, including, but not limited to, any report of the circumstances of the event maintained by any state or local law-enforcement agency or medical examiner, and information or records maintained on such child by any school, social services agency or court. Information, records, or reports maintained by any attorney for the Commonwealth shall be made available for inspection and copying by the Chief Medical Examiner pursuant to procedures which shall be developed by the Chief Medical Examiner and the Commonwealth’s Attorneys’ Services Council established by § 2.2-2617. Any presentence report prepared pursuant to § 19.2-299 for any person convicted of a crime that led to the death of the child shall be made available for inspection and copying by the Office of the Chief Medical Examiner pursuant to procedures which shall be developed by the Chief Medical Examiner. In addition, the Office of the Chief Medical Examiner may inspect and copy from any Virginia health care provider, on behalf of the Team, (i) without obtaining consent, the health and mental health records of the child and those perinatal medical records of the child’s mother that related to such child and (ii) upon obtaining consent from each adult regarding his personal records, or from a parent regarding the records of a minor child, the health and mental health records of the child’s family. All such information and records shall be confidential and shall be excluded from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 7 of § 2.2-3705.5. Upon the conclusion of the child death review, all information and records concerning the child and the child’s family shall be shredded or otherwise destroyed by the Office of the Chief Medical Examiner in order to ensure confidentiality. Such information or records shall not be subject to subpoena or discovery or be admissible in any criminal or civil proceeding. If available from other sources, however, such information and records shall not be immune from subpoena, discovery, or introduction into evidence when obtained through such other sources solely because the information and records were presented to the Team during a child death review. Further, the findings of the Team may be disclosed or published in statistical or other form which shall not identify individuals. The portions of meetings in which individual child death cases are discussed by the Team shall be closed pursuant to subdivision A 21 of § 2.2-3711. In addition to the requirements of § 2.2-3712, all team members, persons attending closed team meetings, and persons presenting information and records on specific child deaths to the Team during closed meetings shall execute a sworn statement to honor the confidentiality of the information, records, discussions, and opinions disclosed during any closed meeting to review a specific child death. Violations of this subsection are punishable as a Class 3 misdemeanor.D\n\nUpon notification of a child death, any state or local government agency maintaining records on such child or such child’s family which are periodically purged shall retain such records for the longer of 12 months or until such time as the State Child Fatality Review Team has completed its child death review of the specific case.E\n\nThe Team shall compile annual data which shall be made available to the Governor and the General Assembly as requested. These statistical data compilations shall not contain any personally identifying information and shall be public records.","order_by":null,"text":{"0":{"id":299271,"text":"There is hereby created the State Child Fatality Review Team, referred to in this section as “the Team,” which shall develop and implement procedures to ensure that child deaths occurring in Virginia are analyzed in a systematic way. The Team shall review (i) violent and unnatural child deaths, (ii) sudden child deaths occurring within the first 18 months of life, and (iii) those fatalities for which the cause or manner of death was not determined with reasonable medical certainty. No child death review shall be initiated by the Team until conclusion of any law-enforcement investigation or criminal prosecution. The Team shall (i) develop and revise as necessary operating procedures for the review of child deaths, including identification of cases to be reviewed and procedures for coordination among the agencies and professionals involved, (ii) improve the identification, data collection, and record keeping of the causes of child death, (iii) recommend components for prevention and education programs, (iv) recommend training to improve the investigation of child deaths, and (v) provide technical assistance, upon request, to any local child fatality teams that may be established. The operating procedures for the review of child deaths shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision B 17 of § 2.2-4002.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299272,"text":"The 16-member Team shall be chaired by the Chief Medical Examiner and shall be composed of the following persons or their designees: the Commissioner of Behavioral Health and Developmental Services; the Director of Child Protective Services within the Department of Social Services; the Superintendent of Public Instruction; the State Registrar of Vital Records; and the Director of the Department of Criminal Justice Services. In addition, one representative from each of the following entities shall be appointed by the Governor to serve for a term of three years: local law-enforcement agencies, local fire departments, local departments of social services, the Medical Society of Virginia, the Virginia College of Emergency Physicians, the Virginia Pediatric Society, local emergency medical services personnel, attorneys for the Commonwealth, and community services boards.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":299273,"text":"Upon the request of the Chief Medical Examiner in his capacity as chair of the Team, made after the conclusion of any law-enforcement investigation or prosecution, information and records regarding a child whose death is being reviewed by the Team may be inspected and copied by the Chief Medical Examiner or his designee, including, but not limited to, any report of the circumstances of the event maintained by any state or local law-enforcement agency or medical examiner, and information or records maintained on such child by any school, social services agency or court. Information, records, or reports maintained by any attorney for the Commonwealth shall be made available for inspection and copying by the Chief Medical Examiner pursuant to procedures which shall be developed by the Chief Medical Examiner and the Commonwealth’s Attorneys’ Services Council established by § 2.2-2617. Any presentence report prepared pursuant to § 19.2-299 for any person convicted of a crime that led to the death of the child shall be made available for inspection and copying by the Office of the Chief Medical Examiner pursuant to procedures which shall be developed by the Chief Medical Examiner. In addition, the Office of the Chief Medical Examiner may inspect and copy from any Virginia health care provider, on behalf of the Team, (i) without obtaining consent, the health and mental health records of the child and those perinatal medical records of the child’s mother that related to such child and (ii) upon obtaining consent from each adult regarding his personal records, or from a parent regarding the records of a minor child, the health and mental health records of the child’s family. All such information and records shall be confidential and shall be excluded from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 7 of § 2.2-3705.5. Upon the conclusion of the child death review, all information and records concerning the child and the child’s family shall be shredded or otherwise destroyed by the Office of the Chief Medical Examiner in order to ensure confidentiality. Such information or records shall not be subject to subpoena or discovery or be admissible in any criminal or civil proceeding. If available from other sources, however, such information and records shall not be immune from subpoena, discovery, or introduction into evidence when obtained through such other sources solely because the information and records were presented to the Team during a child death review. Further, the findings of the Team may be disclosed or published in statistical or other form which shall not identify individuals. The portions of meetings in which individual child death cases are discussed by the Team shall be closed pursuant to subdivision A 21 of § 2.2-3711. In addition to the requirements of § 2.2-3712, all team members, persons attending closed team meetings, and persons presenting information and records on specific child deaths to the Team during closed meetings shall execute a sworn statement to honor the confidentiality of the information, records, discussions, and opinions disclosed during any closed meeting to review a specific child death. Violations of this subsection are punishable as a Class 3 misdemeanor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":299274,"text":"Upon notification of a child death, any state or local government agency maintaining records on such child or such child’s family which are periodically purged shall retain such records for the longer of 12 months or until such time as the State Child Fatality Review Team has completed its child death review of the specific case.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":299275,"text":"The Team shall compile annual data which shall be made available to the Governor and the General Assembly as requested. These statistical data compilations shall not contain any personally identifying information and shall be public records.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15516,"edition_id":1,"name":"Chief Medical Examiner and Postmortem Examinations","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13612,"metadata":{},"date_created":"2026-06-26 03:55:44","date_modified":"2026-06-26 03:55:44","permalink":{"id":204385,"object_type":"structure","relational_id":15516,"identifier":"1","token":"32.1\/8\/1","url":"\/32.1\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13612,"edition_id":1,"name":"Postmortem Examinations and Services","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":204383,"object_type":"structure","relational_id":13612,"identifier":"8","token":"32.1\/8","url":"\/32.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63189,"structure_id":15516,"section_number":"32.1-277","catch_line":"Office of the Chief Medical Examiner; central and district offices and facilities","url":"\/32.1-277\/","token":"32.1\/8\/1\/32.1-277","metadata":false},{"id":69133,"structure_id":15516,"section_number":"32.1-278","catch_line":"Appointment and qualifications of Chief Medical Examiner","url":"\/32.1-278\/","token":"32.1\/8\/1\/32.1-278","metadata":false},{"id":79063,"structure_id":15516,"section_number":"32.1-279","catch_line":"Duties of Chief Medical Examiner; teaching legal medicine","url":"\/32.1-279\/","token":"32.1\/8\/1\/32.1-279","metadata":false},{"id":84728,"structure_id":15516,"section_number":"32.1-280","catch_line":"Repealed","url":"\/32.1-280\/","token":"32.1\/8\/1\/32.1-280","metadata":false},{"id":67348,"structure_id":15516,"section_number":"32.1-281","catch_line":"Commissioner may obtain additional services and facilities","url":"\/32.1-281\/","token":"32.1\/8\/1\/32.1-281","metadata":false},{"id":65973,"structure_id":15516,"section_number":"32.1-282","catch_line":"Medical examiners","url":"\/32.1-282\/","token":"32.1\/8\/1\/32.1-282","metadata":false},{"id":68777,"structure_id":15516,"section_number":"32.1-282.1","catch_line":"Per diem medicolegal death investigators","url":"\/32.1-282.1\/","token":"32.1\/8\/1\/32.1-282.1","metadata":false},{"id":84193,"structure_id":15516,"section_number":"32.1-283","catch_line":"Investigation of deaths; obtaining consent to removal of organs, etc.; fees","url":"\/32.1-283\/","token":"32.1\/8\/1\/32.1-283","metadata":false},{"id":83516,"structure_id":15516,"section_number":"32.1-283.1","catch_line":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","url":"\/32.1-283.1\/","token":"32.1\/8\/1\/32.1-283.1","metadata":false},{"id":83036,"structure_id":15516,"section_number":"32.1-283.2","catch_line":"Local and regional child fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.2\/","token":"32.1\/8\/1\/32.1-283.2","metadata":false},{"id":63867,"structure_id":15516,"section_number":"32.1-283.3","catch_line":"Family violence fatality review teams established; model protocol and data management; membership; authority; confidentiality, etc","url":"\/32.1-283.3\/","token":"32.1\/8\/1\/32.1-283.3","metadata":false},{"id":84558,"structure_id":15516,"section_number":"32.1-283.4","catch_line":"Confidentiality of certain information and records collected and maintained by the Office of the Chief Medical Examiner","url":"\/32.1-283.4\/","token":"32.1\/8\/1\/32.1-283.4","metadata":false},{"id":60499,"structure_id":15516,"section_number":"32.1-283.5","catch_line":"Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc","url":"\/32.1-283.5\/","token":"32.1\/8\/1\/32.1-283.5","metadata":false},{"id":66954,"structure_id":15516,"section_number":"32.1-283.6","catch_line":"Local and regional adult fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.6\/","token":"32.1\/8\/1\/32.1-283.6","metadata":false},{"id":64217,"structure_id":15516,"section_number":"32.1-283.7","catch_line":"Local and regional overdose fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.7\/","token":"32.1\/8\/1\/32.1-283.7","metadata":false},{"id":74829,"structure_id":15516,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","url":"\/32.1-283.8\/","token":"32.1\/8\/1\/32.1-283.8","metadata":false},{"id":59143,"structure_id":15516,"section_number":"32.1-284","catch_line":"Repealed","url":"\/32.1-284\/","token":"32.1\/8\/1\/32.1-284","metadata":false},{"id":77911,"structure_id":15516,"section_number":"32.1-285","catch_line":"Autopsies","url":"\/32.1-285\/","token":"32.1\/8\/1\/32.1-285","metadata":false},{"id":70536,"structure_id":15516,"section_number":"32.1-285.1","catch_line":"Death of infants under eighteen months of age; autopsies required; definition of Sudden Infant Death Syndrome","url":"\/32.1-285.1\/","token":"32.1\/8\/1\/32.1-285.1","metadata":false},{"id":75099,"structure_id":15516,"section_number":"32.1-286","catch_line":"Exhumations","url":"\/32.1-286\/","token":"32.1\/8\/1\/32.1-286","metadata":false},{"id":83615,"structure_id":15516,"section_number":"32.1-287","catch_line":"Repealed","url":"\/32.1-287\/","token":"32.1\/8\/1\/32.1-287","metadata":false},{"id":67498,"structure_id":15516,"section_number":"32.1-288","catch_line":"Repealed","url":"\/32.1-288\/","token":"32.1\/8\/1\/32.1-288","metadata":false}],"previous_section":{"id":84193,"structure_id":15516,"section_number":"32.1-283","catch_line":"Investigation of deaths; obtaining consent to removal of organs, etc.; fees","url":"\/32.1-283\/","token":"32.1\/8\/1\/32.1-283","metadata":false},"next_section":{"id":83036,"structure_id":15516,"section_number":"32.1-283.2","catch_line":"Local and regional child fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.2\/","token":"32.1\/8\/1\/32.1-283.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-283.1\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 643<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter 499<\/a>; in 1999, chapters 703<\/a> and 726<\/a>; in 2004, chapter 690<\/a>; in 2007, chapter 411<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2014, chapter 583<\/a>; in 2017, chapter 778<\/a>.<\/p>","references":[{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":69625,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/2.2-4002\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"}],"refers_to":[{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":85525,"section_number":"2.2-2617","catch_line":"Commonwealth's Attorneys' Services Council; purpose; membership terms; compensation","order_by":null,"url":"\/2.2-2617\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":54622,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","order_by":null,"url":"\/2.2-3712\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":204419,"object_type":"law","relational_id":83516,"identifier":"32.1-283.1","token":"32.1\/8\/1\/32.1-283.1","url":"\/32.1-283.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-283.1\/","token":"32.1\/8\/1\/32.1-283.1","dublin_core":{"Title":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-283.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is hereby created the State Child Fatality Review Team, referred to in this section as “the Team,” which shall develop and implement procedures to ensure that child deaths occurring in Virginia are analyzed in a systematic way. The Team shall review (i) violent and unnatural child deaths, (ii) sudden child deaths occurring within the first 18 months of life, and (iii) those fatalities for which the cause or manner of death was not determined with reasonable medical certainty. No child death review shall be initiated by the Team until conclusion of any law<\/span>-enforcement investigation or criminal prosecution<\/span>. The Team shall (i) develop and revise as necessary operating procedures for the review of child deaths, including identification of cases to be reviewed and procedures for coordination among the agencies and professionals involved, (ii) improve the identification, data collection, and record keeping of the causes of child death, (iii) recommend components for prevention and education programs, (iv) recommend training to improve the investigation of child deaths, and (v) provide technical assistance, upon request, to any local child fatality teams that may be established. The operating procedures for the review of child deaths shall be exempt from the Administrative Process Act (§ 2.2-4000<\/a> et seq.) pursuant to subdivision B 17 of § 2.2-4002<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The 16-member Team shall be chaired by the Chief Medical Examiner and shall be composed of the following persons<\/span> or their designees: the Commissioner<\/span> of Behavioral Health and Developmental Services; the Director of Child Protective Services within the Department<\/span> of Social Services; the Superintendent of Public Instruction; the State Registrar of Vital Records; and the Director of the Department<\/span> of Criminal Justice Services. In addition, one representative from each of the following entities shall be appointed by the Governor to serve for a term of three years: local law<\/span>-enforcement agencies, local fire departments<\/span>, local departments<\/span> of social services, the Medical Society of Virginia, the Virginia College of Emergency Physicians, the Virginia Pediatric Society, local emergency medical services personnel, attorneys for the Commonwealth, and community services<\/span> boards<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the request of the Chief Medical Examiner in his capacity as chair of the Team, made after the conclusion of any law<\/span>-enforcement investigation or prosecution<\/span>, information and records regarding a child whose death is being reviewed by the Team may be inspected and copied by the Chief Medical Examiner or his designee, including, but not limited to, any report of the circumstances of the event maintained by any state or local law<\/span>-enforcement agency or medical examiner, and information or records maintained on such child by any school, social services agency or court<\/span>. Information, records, or reports maintained by any attorney for the Commonwealth shall be made available for inspection and copying by the Chief Medical Examiner pursuant to procedures which shall be developed by the Chief Medical Examiner and the Commonwealth’s Attorneys’ Services Council established by § 2.2-2617<\/a>. Any presentence report<\/span> prepared pursuant to § 19.2-299<\/a> for any person<\/span> convicted of a crime<\/span> that led to the death of the child shall be made available for inspection and copying by the Office of the Chief Medical Examiner pursuant to procedures which shall be developed by the Chief Medical Examiner. In addition, the Office of the Chief Medical Examiner may inspect and copy from any Virginia health care provider, on behalf of the Team, (i) without obtaining consent, the health and mental health records of the child and those perinatal medical records of the child’s mother that related to such child and (ii) upon obtaining consent from each adult regarding his personal records, or from a parent regarding the records of a minor<\/span> child, the health and mental health records of the child’s family. All such information and records shall be confidential and shall be excluded from the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.) pursuant to subdivision 7 of § 2.2-3705.5<\/a>. Upon the conclusion of the child death review, all information and records concerning the child and the child’s family shall be shredded or otherwise destroyed by the Office of the Chief Medical Examiner in order<\/span> to ensure confidentiality. Such information or records shall not be subject to subpoena<\/span> or discovery<\/span> or be admissible<\/span> in any criminal or civil proceeding. If available from other sources, however, such information and records shall not be immune from subpoena<\/span>, discovery<\/span>, or introduction into evidence<\/span> when obtained through such other sources solely because the information and records were presented to the Team during a child death review. Further, the findings<\/span> of the Team may be disclosed or published in statistical or other form which shall not identify individuals. The portions of meetings in which individual child death cases are discussed by the Team shall be closed pursuant to subdivision A 21 of § 2.2-3711<\/a>. In addition to the requirements of § 2.2-3712<\/a>, all team members, persons<\/span> attending closed team meetings, and persons<\/span> presenting information and records on specific child deaths to the Team during closed meetings shall execute a sworn statement to honor the confidentiality of the information, records, discussions, and opinions<\/span> disclosed during any closed meeting to review a specific child death. Violations of this subsection are punishable as a Class 3 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon notification of a child death, any state or local government agency maintaining records on such child or such child’s family which are periodically purged shall retain such records for the longer of 12 months or until such time as the State Child Fatality Review Team has completed its child death review of the specific case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Team shall compile annual data which shall be made available to the Governor and the General Assembly as requested. These statistical data compilations shall not contain any personally identifying information and shall be public records. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE CHILD FATALITY REVIEW TEAM; MEMBERSHIP; ACCESS TO AND MAINTENANCE OF\nRECORDS; CONFIDENTIALITY; ETC (\u00a7 32.1-283.1)\n\nA. There is hereby created the State Child Fatality Review Team, referred to in\nthis section as “the Team,” which shall develop and implement\nprocedures to ensure that child deaths occurring in Virginia are analyzed in a\nsystematic way. The Team shall review (i) violent and unnatural child deaths,\n(ii) sudden child deaths occurring within the first 18 months of life, and (iii)\nthose fatalities for which the cause or manner of death was not determined with\nreasonable medical certainty. No child death review shall be initiated by the\nTeam until conclusion of any law-enforcement investigation or criminal\nprosecution. The Team shall (i) develop and revise as necessary operating\nprocedures for the review of child deaths, including identification of cases to\nbe reviewed and procedures for coordination among the agencies and professionals\ninvolved, (ii) improve the identification, data collection, and record keeping\nof the causes of child death, (iii) recommend components for prevention and\neducation programs, (iv) recommend training to improve the investigation of\nchild deaths, and (v) provide technical assistance, upon request, to any local\nchild fatality teams that may be established. The operating procedures for the\nreview of child deaths shall be exempt from the Administrative Process Act\n(§ 2.2-4000 et seq.) pursuant to subdivision B 17 of § 2.2-4002.\n\nB. The 16-member Team shall be chaired by the Chief Medical Examiner and shall\nbe composed of the following persons or their designees: the Commissioner of\nBehavioral Health and Developmental Services; the Director of Child Protective\nServices within the Department of Social Services; the Superintendent of Public\nInstruction; the State Registrar of Vital Records; and the Director of the\nDepartment of Criminal Justice Services. In addition, one representative from\neach of the following entities shall be appointed by the Governor to serve for a\nterm of three years: local law-enforcement agencies, local fire departments,\nlocal departments of social services, the Medical Society of Virginia, the\nVirginia College of Emergency Physicians, the Virginia Pediatric Society, local\nemergency medical services personnel, attorneys for the Commonwealth, and\ncommunity services boards.\n\nC. Upon the request of the Chief Medical Examiner in his capacity as chair of\nthe Team, made after the conclusion of any law-enforcement investigation or\nprosecution, information and records regarding a child whose death is being\nreviewed by the Team may be inspected and copied by the Chief Medical Examiner\nor his designee, including, but not limited to, any report of the circumstances\nof the event maintained by any state or local law-enforcement agency or medical\nexaminer, and information or records maintained on such child by any school,\nsocial services agency or court. Information, records, or reports maintained by\nany attorney for the Commonwealth shall be made available for inspection and\ncopying by the Chief Medical Examiner pursuant to procedures which shall be\ndeveloped by the Chief Medical Examiner and the Commonwealth’s\nAttorneys’ Services Council established by § 2.2-2617. Any\npresentence report prepared pursuant to § 19.2-299 for any person convicted\nof a crime that led to the death of the child shall be made available for\ninspection and copying by the Office of the Chief Medical Examiner pursuant to\nprocedures which shall be developed by the Chief Medical Examiner. In addition,\nthe Office of the Chief Medical Examiner may inspect and copy from any Virginia\nhealth care provider, on behalf of the Team, (i) without obtaining consent, the\nhealth and mental health records of the child and those perinatal medical\nrecords of the child’s mother that related to such child and (ii) upon\nobtaining consent from each adult regarding his personal records, or from a\nparent regarding the records of a minor child, the health and mental health\nrecords of the child’s family. All such information and records shall be\nconfidential and shall be excluded from the Virginia Freedom of Information Act\n(§ 2.2-3700 et seq.) pursuant to subdivision 7 of § 2.2-3705.5. Upon\nthe conclusion of the child death review, all information and records concerning\nthe child and the child’s family shall be shredded or otherwise destroyed\nby the Office of the Chief Medical Examiner in order to ensure confidentiality.\nSuch information or records shall not be subject to subpoena or discovery or be\nadmissible in any criminal or civil proceeding. If available from other sources,\nhowever, such information and records shall not be immune from subpoena,\ndiscovery, or introduction into evidence when obtained through such other\nsources solely because the information and records were presented to the Team\nduring a child death review. Further, the findings of the Team may be disclosed\nor published in statistical or other form which shall not identify individuals.\nThe portions of meetings in which individual child death cases are discussed by\nthe Team shall be closed pursuant to subdivision A 21 of § 2.2-3711. In\naddition to the requirements of § 2.2-3712, all team members, persons\nattending closed team meetings, and persons presenting information and records\non specific child deaths to the Team during closed meetings shall execute a\nsworn statement to honor the confidentiality of the information, records,\ndiscussions, and opinions disclosed during any closed meeting to review a\nspecific child death. Violations of this subsection are punishable as a Class 3\nmisdemeanor.\n\nD. Upon notification of a child death, any state or local government agency\nmaintaining records on such child or such child’s family which are\nperiodically purged shall retain such records for the longer of 12 months or\nuntil such time as the State Child Fatality Review Team has completed its child\ndeath review of the specific case.\n\nE. The Team shall compile annual data which shall be made available to the\nGovernor and the General Assembly as requested. These statistical data\ncompilations shall not contain any personally identifying information and shall\nbe public records.\n\nHISTORY: 1994, c. 643; 1995, c. 499; 1999, cc. 703, 726; 2004, c. 690; 2007, c.\n411; 2009, cc. 813, 840; 2014, c. 583; 2017, c. 778.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}