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(k) Law enforcement and child welfare agencies shall cross-report all cases of child death suspected to be related to child abuse or neglect whether or not the deceased child has any known surviving siblings. (17891)
(l) County child welfare agencies shall create a record in the Child Welfare Services/Case Management System (CWS/CMS) on all cases of child death suspected to be related to child abuse or neglect, whether or not the deceased child has any known surviving siblings. Upon notification that the death was determined not to be related to child abuse or neglect, the child welfare agency shall enter that information into the Child Welfare Services/Case Management System. (17892)
11174.35. The State Department of Social Services shall work with state and local child death review teams and child protective services agencies in order to identify child death cases that were, or should have been, reported to or by county child protective services agencies. Findings made pursuant to this section shall be used to determine the extent of child abuse or neglect fatalities occurring in families known to child protective services agencies and to define child welfare training needs for reporting, cross-reporting, data integration, and involvement by child protective services agencies in multiagency review in child deaths. The State Department of Social Services, the State Department of Health Services, and the Department of Justice shall develop a plan to track and maintain data on child deaths from abuse or neglect, and submit this plan, not later than December 1, 1997, to the Senate Committee on Health and Human Services, the Assembly Committee on Human Services, and the chairs of the fiscal committees of the Legislature. (17893)
11174.4. The following definitions shall govern the construction of this article, unless the context requires otherwise: (17895)
(a) "Elder" means any person who is 65 years of age or older. (17896)
(b) (1) "Abuse" means any of the conduct described in Article 2 (commencing with Section 15610) of Chapter 11 of Part 3 of Division 9 of the Welfare and Institutions Code. (17897)
(2) Abuse does not include the use of any reasonable and necessary force that may result in an injury used by a peace officer acting within the course of his or her employment as a peace officer. (17898)
11174.5. (a) Each county may establish an interagency elder and dependent adult death review team to assist local agencies in identifying and reviewing suspicious elder and dependent adult deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in elder and dependent adult abuse or neglect cases. (17899)
(b) Each county may develop a protocol that may be used as a guideline by persons performing autopsies on elders and dependent adults to assist coroners and other persons who perform autopsies in the identification of elder and dependent adult abuse or neglect, in the determination of whether elder or dependent adult abuse or neglect contributed to death or whether elder or dependent adult abuse or neglect had occurred prior to, but was not the actual cause of, death, and in the proper written reporting procedures for elder and dependent adult abuse or neglect, including the designation of the cause and mode of death. (17900)
(c) As used in this section, the term "dependent adult" has the same meaning as in Section 368, and applies regardless of whether the person lived independently. (17901)
11174.6. County elder death review teams may be comprised of, but not limited to, the following: (17902)
(a) Experts in the field of forensic pathology. (17903)
(b) Medical personnel with expertise in elder abuse and neglect. (17904)
(c) Coroners and medical examiners. (17905)
(d) District attorneys and city attorneys. (17906)
(e) County or local staff including, but not limited to: (17907)
(1) Adult protective services staff. (17908)
(2) Public administrator, guardian, and conservator staff. (17909)
(3) County health department staff who deal with elder health issues. (17910)
(4) County counsel. (17911)
(f) County and state law enforcement personnel. (17912)
(g) Local long-term care ombudsman. (17913)
(h) Community care licensing staff and investigators. (17914)
(i) Geriatric mental health experts. (17915)
(j) Criminologists. (17916)
(k) Representatives of local agencies that are involved with oversight of adult protective services and reporting elder abuse or neglect. (17917)
(l) Local professional associations of persons described in subdivisions (a) to (k), inclusive. (17918)
11174.7. (a) An oral or written communication or a document shared within or produced by an elder and dependent adult death review team related to an elder or dependent adult death review is confidential and not subject to disclosure or discoverable by another third party. (17919)
(b) An oral or written communication or a document provided by a third party to an elder and dependent adult death review team, or between a third party and an elder and dependent adult death review team, is confidential and not subject to disclosure or discoverable by a third party. (17920)
(c) Notwithstanding subdivisions (a) and (b), recommendations of an elder and dependent adult death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the elder and dependent adult death review team. (17921)
11174.8. (a) Each organization represented on an elder death review team may share with other members of the team information in its possession concerning the decedent who is the subject of the review or any person who was in contact with the decedent and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. The intent of this subdivision is to permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other provision of law. (17922)
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