Ind. Code § 12-18-9-7

Current through P.L. 171-2024
Section 12-18-9-7 - Statewide domestic violence fatality review committee jurisdiction
(a) Upon request by a local domestic violence fatality review team, the statewide domestic violence fatality review committee shall assist the local domestic violence fatality review team or conduct a review of a death or near fatality that occurred in Indiana as permitted by subsection (c).
(b) In the absence of a county or regional domestic violence fatality review team established under IC 12-18-8, the statewide domestic violence fatality review committee may conduct a review of a death or near fatality that occurred in Indiana as permitted by subsection (c).
(c) A death or near fatality occurring in Indiana may be reviewed by the statewide domestic violence fatality review committee under subsection (a) or (b) if:
(1) the death results from:
(A) domestic violence; or
(B) suicide, in a case of domestic violence; or
(2) the near fatality occurs when a victim of domestic violence suffers a life threatening injury.
(d) In conducting a domestic violence fatality review under this section, the statewide domestic violence fatality review committee may review all applicable records and information related to the death, including the following:
(1) Records held by the:
(A) Indiana department of health or local health department; and
(B) department of child services, subject to IC 31-33-18-2.
(2) Medical records.
(3) Law enforcement, court, and probation records.
(4) Autopsy reports.
(5) Records of the coroner.
(6) Mental health reports.
(e) Subject to IC 34-30-15, if the statewide domestic violence fatality review committee requests records from a hospital, physician, coroner, law enforcement officer, or mental health professional regarding a death that the statewide domestic violence fatality review committee is investigating, the hospital, physician, coroner, law enforcement officer, or mental health professional shall provide the requested records to the statewide domestic violence fatality review committee.
(f) A person who provides records in accordance with subsection (d) in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;

action that might otherwise be imposed as a result of the disclosure of the records.

(g) Except as otherwise provided in this article, information and records acquired by the statewide domestic violence fatality review committee in the exercise of its duties under this chapter are confidential and exempt from disclosure.
(h) Records, information, documents, and reports acquired or produced by the statewide domestic violence fatality review committee are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;

in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the statewide domestic violence fatality review committee.

IC 12-18-9-7

Amended by P.L. 56-2023,SEC. 124, eff. 7/1/2023.
Added by P.L. 258-2017,SEC. 13, eff. 7/1/2017.