Tex. Fam. Code § 264.501-264.503
Tex. Fam. Code § 264.501-264.503 - Child Fatality Review and Investigation (2025)
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TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION CHAPTER 264 • CHILD WELFARE SERVICES Subchapter F: CHILD FATALITY REVIEW AND INVESTIGATION Sec. 264.501. DEFINITIONS. In this subchapter: Text of subdivision effective until April 01, 2027 (1) "Autopsy" and "inquest" have the meanings assigned by Article 49.01, Code of Criminal Procedure. Text of subdivision effective on April 01, 2027 (1) "Autopsy" and "inquest" have the meanings assigned by Article 49A.001, Code of Criminal Procedure. (2) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(13), eff. April 2, 2015. (3) "Child" means a person younger than 18 years of age. (4) "Committee" means the child fatality review team committee. (5) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 1.203(13), eff. April 2, 2015. (6) "Health care provider" means any health care practitioner or facility that provides medical evaluation or treatment, including dental and mental health evaluation or treatment. (7) "Meeting" means an in-person meeting or a meeting held by telephone or other electronic medium. (8) "Preventable death" means a death that may have been prevented by reasonable medical, social, legal, psychological, or educational intervention. The term includes the death of a child from: (A) intentional or unintentional injuries; (B) medical neglect; (C) lack of access to medical care; (D) neglect and reckless conduct, including failure to supervise and failure to seek medical care; and (E) premature birth associated with any factor described by Paragraphs (A) through (D). (9) "Review" means a reexamination of information regarding a deceased child from relevant agencies, professionals, and health care providers. (10) "Review team" means a child fatality review team established under this subchapter. (11) "Unexp deceased child from relevant agencies, professionals, and health care providers. (10) "Review team" means a child fatality review team established under this subchapter. (11) "Unexpected death" includes a death of a child that, before investigation: (A) appears to have occurred without anticipation or forewarning; and (B) was caused by trauma, suspicious or obscure circumstances, sudden infant death syndrome, abuse or neglect, or an unknown cause. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 957, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.203(13), eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 2.04, eff. April 1, 2027. Sec. 264.502. COMMITTEE. (a) The child fatality review team committee is composed of: (1) a person appointed by and representing the state registrar of vital statistics; (2) a person appointed by and representing the commissioner of the department; (3) a person appointed by and representing the Title V director of the Department of State Health Services; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION (4) a person appointed by and representing the speaker of the house of representatives; (5) a person appointed by and representing the lieutenant governor; (6) a person appointed by and representing the governor; and (7) individuals selected under Subsection (b). (b) The members of the committee who serve under Subsections (a)(1) through (6) shall select the following additional committee members: (1) a criminal prosecutor involved in prosecuting crimes against children; (2) a sheriff; (3) a justice of the peace; (4) a medical examiner all select the following additional committee members: (1) a criminal prosecutor involved in prosecuting crimes against children; (2) a sheriff; (3) a justice of the peace; (4) a medical examiner; (5) a police chief; (6) a pediatrician experienced in diagnosing and treating child abuse and neglect; (7) a child educator; (8) a child mental health provider; (9) a public health professional; (10) a child protective services specialist; (11) a sudden infant death syndrome family service provider; (12) a neonatologist; (13) a child advocate; (14) a chief juvenile probation officer; (15) a child abuse prevention specialist; (16) a representative of the Department of Public Safety; (17) a representative of the Texas Department of Transportation; (18) an emergency medical services provider; and (19) a provider of services to, or an advocate for, victims of family violence. (c) Members of the committee selected under Subsection (b) serve three-year terms with the terms of six or seven members, as appropriate, expiring February 1 each year. (d) Members selected under Subsection (b) must reflect the geographical, cultural, racial, and ethnic diversity of the state. (e) An appointment to a vacancy on the committee shall be made in the same manner as the original appointment. A member is eligible for reappointment. (f) Members of the committee shall select a presiding officer from the members of the committee. (g) The presiding officer of the committee shall call the meetings of the committee, which shall be held at least quarterly. (h) A member of the committee is not entitled to compensation for serving on the committee but is entitled to reimbursement for the member's travel expenses as provided in the General Appropriations Act. Reimbursement under this subsection for a person serving on the committee under Subsection (a)(2) shall be paid from funds appropriated to the department. Reimbursement for other persons serving on the committee shall b his subsection for a person serving on the committee under Subsection (a)(2) shall be paid from funds appropriated to the department. Reimbursement for other persons serving on the committee shall be paid from funds appropriated to the Department of State Health Services. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 957, Sec. 3, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.56, eff. September 1, 2005. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION Acts 2007, 80th Leg., R.S., Ch. 396 (S.B. 802), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3C.04, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 1290 (H.B. 2017), Sec. 42, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1145 (S.B. 66), Sec. 1, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 5, eff. September 1, 2017. Sec. 264.503. PURPOSE AND DUTIES OF COMMITTEE AND SPECIFIED STATE AGENCIES. (a) The purpose of the committee is to: (1) develop an understanding of the causes and incidence of child deaths in this state; (2) identify procedures within the agencies represented on the committee to reduce the number of preventable child deaths; and (3) promote public awareness and make recommendations to the governor and the legislature for changes in law, policy, and practice to reduce the number of preventable child deaths. (b) To ensure that the committee achieves its purpose, the department and the Department of State Health Services shall perform the duties specified by this section. (c) The department shall work cooperatively with: (1) the Department of State Health Services; (2) the committee; and (3) individual child fatalit ll perform the duties specified by this section. (c) The department shall work cooperatively with: (1) the Department of State Health Services; (2) the committee; and (3) individual child fatality review teams. (d) The Department of State Health Services shall: (1) recognize the creation and participation of review teams; (2) promote and coordinate training to assist the review teams in carrying out their duties; (3) assist the committee in developing model protocols for: (A) the reporting and investigating of child fatalities for law enforcement agencies, child protective services, justices of the peace and medical examiners, and other professionals involved in the investigations of child deaths; (B) the collection of data regarding child deaths; and (C) the operation of the review teams; (4) develop and implement procedures necessary for the operation of the committee; (5) develop and make available training for justices of the peace and medical examiners regarding inquests in child death cases; and (6) promote education of the public regarding the incidence and causes of child deaths, the public role in preventing child deaths, and specific steps the public can undertake to prevent child deaths. (d-1) The committee shall enlist the support and assistance of civic, philanthropic, and public service organizations in the performance of the duties imposed under Subsection (d). (e) In addition to the duties under Subsection (d), the Department of State Health Services shall: (1) collect data under this subchapter and coordinate the collection of data under this subchapter with other data collection activities; (2) perform annual statistical studies of the incidence and causes of child fatalities using the data collected under this subchapter; and (3) evaluate the available child fatality data and use the data to create public health strategies for the prevention of child fatalities. Source: Texas Legislature Online (89th Leg., 2nd Called n(3) evaluate the available child fatality data and use the data to create public health strategies for the prevention of child fatalities. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION (f) Not later than April 1 of each even-numbered year, the committee shall publish a report that contains aggregate child fatality data collected by local child fatality review teams, recommendations to prevent child fatalities and injuries, and recommendations to the department on child protective services operations based on input from the child safety review subcommittee. The committee shall submit a copy of the report to the governor, lieutenant governor, speaker of the house of representatives, Department of State Health Services, and department and make the report available to the public. Not later than October 1 of each even-numbered year, the department shall submit a written response to the committee's recommendations to the committee, governor, lieutenant governor, speaker of the house of representatives, and Department of State Health Services describing which of the committee's recommendations regarding the operation of the child protective services system the department will implement and the methods of implementation. (g) The committee shall perform the functions and duties required of a citizen review panel under 42 U.S.C. Section 5106a(c)(4)(A). (h) Each member of the committee must be a member of the child fatality review team in the county where the committee member resides unless the committee member is an appointed representative of a state agency. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 957, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.57, eff. Sep s 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 957, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.57, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 396 (S.B. 802), Sec. 2, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1145 (S.B. 66), Sec. 2, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 6, eff. September 1, 2017. Sec. 264.5031. COLLECTION OF NEAR FATALITY DATA. (a) In this section, "near fatality" means a case where a physician has certified that a child is in critical or serious condition, and a caseworker determines that the child's condition was caused by the abuse or neglect of the child. (b) The department shall include near fatality child abuse or neglect cases in the child fatality case database, for cases in which child abuse or neglect is determined to have been the cause of the near fatality. The department must also develop a data collection strategy for near fatality child abuse or neglect cases. Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 7, eff. September 1, 2017. Sec. 264.5032. REPORT ON CHILD FATALITY AND NEAR FATALITY DATA. (a) The department shall produce an aggregated report relating to child fatality and near fatality cases resulting from child abuse or neglect containing the following information: (1) any prior contact the department had with the child's family and the manner in which the case was disposed, including cases in which the department made the following dispositions: (A) priority none or administrative closure; (B) call screened out; (C) alternative or differential response provided; (D) unable to complete the investigation; (E) unable to determine whether abuse or neglect occurred; (F) reason to believe abuse or neglect occurred; or (G) child removed and placed into substitute care; (2) for any case investigated by the department involving the ch er abuse or neglect occurred; (F) reason to believe abuse or neglect occurred; or (G) child removed and placed into substitute care; (2) for any case investigated by the department involving the child or the child's family: (A) the number of caseworkers assigned to the case before the fatality or near fatality occurred; and (B) the caseworker's caseload at the time the case was opened and at the time the case was closed; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION (3) for any case in which the department investigation concluded that there was reason to believe that abuse or neglect occurred, and the family was referred to family-based safety services: (A) the safety plan provided to the family; (B) the services offered to the family; and (C) the level of compliance with the safety plan or completion of the services by the family; (4) the number of contacts the department made with children and families in family-based safety services cases; and (5) the initial and attempted contacts the department made with child abuse and neglect victims. (b) In preparing the part of the report required by Subsection (a)(1), the department shall include information contained in department records retained in accordance with the department's records retention schedule. (c) The report produced under this section must protect the identity of individuals involved in a case that is included in the report. (d) The department may combine the report required under this section with the annual child fatality report required to be produced under Section 261.204. Added by Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 7, eff. September 1, 2017. Sec. 264.504. MEETINGS OF COMMITTEE. (a) Except as provided by Subsections (b), (c), and (d), meetings of the committee are subject to the open meetings law, Chapter 551, Government Cod r 1, 2017. Sec. 264.504. MEETINGS OF COMMITTEE. (a) Except as provided by Subsections (b), (c), and (d), meetings of the committee are subject to the open meetings law, Chapter 551, Government Code, as if the committee were a governmental body under that chapter. (b) Any portion of a meeting of the committee during which the committee discusses an individual child's death is closed to the public and is not subject to the open meetings law, Chapter 551, Government Code. (c) Information identifying a deceased child, a member of the child's family, a guardian or caretaker of the child, or an alleged or suspected perpetrator of abuse or neglect of the child may not be disclosed during a public meeting. On a majority vote of the committee members, the members shall remove from the committee any member who discloses information described by this subsection in a public meeting. (d) Information regarding the involvement of a state or local agency with the deceased child or another person described by Subsection (c) may not be disclosed during a public meeting. (e) The committee may conduct an open or closed meeting by telephone conference call or other electronic medium. A meeting held under this subsection is subject to the notice requirements applicable to other meetings. The notice of the meeting must specify as the location of the meeting the location where meetings of the committee are usually held. Each part of the meeting by telephone conference call that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be tape-recorded. The tape recording shall be made available to the public. (f) This section does not prohibit the committee from requesting the attendance at a closed meeting of a person who is not a member of the committee and who has information regarding a deceased child. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. ing the attendance at a closed meeting of a person who is not a member of the committee and who has information regarding a deceased child. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.58, eff. September 1, 2005. Sec. 264.505. ESTABLISHMENT OF REVIEW TEAM. (a) A multidisciplinary and multiagency child fatality review team may be established for a county to review child deaths in that county. A county may join with an adjacent county or counties to establish a combined review team. (b) Any person who may be a member of a review team under Subsection (c) may initiate the establishment of a review team and call the first organizational meeting of the team. (c) A review team must reflect the diversity of the county's population and may include: (1) a criminal prosecutor involved in prosecuting crimes against children; Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION (2) a sheriff; (3) a justice of the peace or medical examiner; (4) a police chief; (5) a pediatrician experienced in diagnosing and treating child abuse and neglect; (6) a child educator; (7) a child mental health provider; (8) a public health professional; (9) a child protective services specialist; (10) a sudden infant death syndrome family service provider; (11) a neonatologist; (12) a child advocate; (13) a chief juvenile probation officer; and (14) a child abuse prevention specialist. (d) Members of a review team may select additional team members according to community resources and needs. (e) A review team shall select a presiding officer from its members. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 200 hall select a presiding officer from its members. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.59, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 8, eff. September 1, 2017. Sec. 264.506. PURPOSE AND DUTIES OF REVIEW TEAM. (a) The purpose of a review team is to decrease the incidence of preventable child deaths by: (1) providing assistance, direction, and coordination to investigations of child deaths; (2) promoting cooperation, communication, and coordination among agencies involved in responding to child fatalities; (3) developing an understanding of the causes and incidence of child deaths in the county or counties in which the review team is located; (4) recommending changes to agencies, through the agency's representative member, that will reduce the number of preventable child deaths; and (5) advising the committee on changes to law, policy, or practice that will assist the team and the agencies represented on the team in fulfilling their duties. (b) To achieve its purpose, a review team shall: (1) adapt and implement, according to local needs and resources, the model protocols developed by the department and the committee; (2) meet on a regular basis to review child fatality cases and recommend methods to improve coordination of services and investigations between agencies that are represented on the team; (3) collect and maintain data as required by the committee; (4) review and analyze the collected data to identify any demographic trends in child fatality cases, including whether there is a disproportionate number of child fatalities in a particular population group or geographic area; and (5) submit to the vital statistics unit data reports on deaths reviewed as specified by the committee. (c) A review team shall initiate prevention measures as indicated by the geographic area; and (5) submit to the vital statistics unit data reports on deaths reviewed as specified by the committee. (c) A review team shall initiate prevention measures as indicated by the review team's findings. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 6 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.197, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 9, eff. September 1, 2017. Sec. 264.507. DUTIES OF PRESIDING OFFICER. The presiding officer of a review team shall: (1) send notices to the review team members of a meeting to review a child fatality; (2) provide a list to the review team members of each child fatality to be reviewed at the meeting; (3) submit data reports to the vital statistics unit not later than the 30th day after the date on which the review took place; and (4) ensure that the review team operates according to the protocols developed by the department and the committee, as adapted by the review team. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.198, eff. April 2, 2015. Sec. 264.508. REVIEW PROCEDURE. (a) The review team of the county in which the injury, illness, or event that was the cause of the death of the child occurred, as stated on the child's death certificate, shall review the death. (b) On receipt of the list of child fatalities under Section 264.507, each review team member shall review the member's records and the records of the member's agency for information regarding each listed child. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, eview team member shall review the member's records and the records of the member's agency for information regarding each listed child. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Sec. 264.509. ACCESS TO INFORMATION. (a) A review team may request information and records regarding a deceased child as necessary to carry out the review team's purpose and duties. Records and information that may be requested under this section include: (1) medical, dental, and mental health care information; and (2) information and records maintained by any state or local government agency, including: (A) a birth certificate; (B) law enforcement investigative data; (C) medical examiner investigative data; (D) juvenile court records; (E) parole and probation information and records; and (F) child protective services information and records. (b) On request of the presiding officer of a review team, the custodian of the relevant information and records relating to a deceased child shall provide those records to the review team at no cost to the review team. (b-1) The Department of State Health Services shall provide a review team with electronic access to the preliminary death certificate for a deceased child. (c) This subsection does not authorize the release of the original or copies of the mental health or medical records of any member of the child's family or the guardian or caretaker of the child or an alleged or suspected perpetrator of abuse or neglect of the child which are in the possession of any state or local government agency as provided in Subsection (a)(2). Information relating to the mental health or medical condition of a member of of the child's family or the guardian or caretaker of the child or the alleged or suspected perpetrator of abuse or neglect of the child acquired as part of an investigation by a state or local government agency as provided in Subsection ( ncaretaker of the child or the alleged or suspected perpetrator of abuse or neglect of the child acquired as part of an investigation by a state or local government agency as provided in Subsection (a)(2) may be provided to the review team. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 7 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.60, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 10, eff. September 1, 2017. Sec. 264.510. MEETING OF REVIEW TEAM. (a) A meeting of a review team is closed to the public and not subject to the open meetings law, Chapter 551, Government Code. (b) This section does not prohibit a review team from requesting the attendance at a closed meeting of a person who is not a member of the review team and who has information regarding a deceased child. (c) Except as necessary to carry out a review team's purpose and duties, members of a review team and persons attending a review team meeting may not disclose what occurred at the meeting. (d) A member of a review team participating in the review of a child death is immune from civil or criminal liability arising from information presented in or opinions formed as a result of a meeting. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Sec. 264.511. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY. (a) Information and records acquired by the committee or by a review team in the exercise of its purpose and duties under this subchapter are confidential and exempt from disclosure under the open records law, Chapter 552, Government Code, and may only be disclosed as necessary to carry out the committee's or ies under this subchapter are confidential and exempt from disclosure under the open records law, Chapter 552, Government Code, and may only be disclosed as necessary to carry out the committee's or review team's purpose and duties. (b) A report of the committee or of a review team or a statistical compilation of data reports is a public record subject to the open records law, Chapter 552, Government Code, as if the committee or review team were a governmental body under that chapter, if the report or statistical compilation does not contain any information that would permit the identification of an individual. (c) A member of a review team may not disclose any information that is confidential under this section. (d) Information, documents, and records of the committee or of a review team that are confidential under this section are not subject to subpoena or discovery and may not be introduced into evidence in any civil or criminal proceeding, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence solely because they were presented during proceedings of the committee or a review team or are maintained by the committee or a review team. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Sec. 264.512. GOVERNMENTAL UNITS. The committee and a review team are governmental units for purposes of Chapter 101, Civil Practice and Remedies Code. A review team is a unit of local government under that chapter. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Sec. 264.513. REPORT OF DEATH OF CHILD. (a) A person who knows of the death of a child younger than six years of age shall immediately report the death to the medical examiner of the county in which the death occurs or, if the death occurs in a co son who knows of the death of a child younger than six years of age shall immediately report the death to the medical examiner of the county in which the death occurs or, if the death occurs in a county that does not have a medical examiner's office or that is not part of a medical examiner's district, to a justice of the peace in that county. (b) The requirement of this section is in addition to any other reporting requirement imposed by law, including any requirement that a person report child abuse or neglect under this code. (c) A person is not required to report a death under this section that is the result of a motor vehicle collision. This subsection does not affect a duty imposed by another law to report a death that is the result of a motor vehicle collision. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 129, eff. September 1, 2023. Sec. 264.514. PROCEDURE IN THE EVENT OF REPORTABLE DEATH. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 8 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION Text of subsection effective until April 01, 2027 (a) A medical examiner or justice of the peace notified of a death of a child under Section 264.513 shall hold an inquest under Chapter 49, Code of Criminal Procedure, to determine whether the death is unexpected or the result of abuse or neglect. An inquest is not required under this subchapter if the child's death is expected and is due to a congenital or neoplastic disease. A death caused by an infectious disease may be considered an expected death if: (1) the disease was not acquired as a result of trauma or poisoning; (2) the infectious organism is identified using standard medical procedures; and (3) the death is not reportable to the Department of State Health Services un red as a result of trauma or poisoning; (2) the infectious organism is identified using standard medical procedures; and (3) the death is not reportable to the Department of State Health Services under Chapter 81, Health and Safety Code. Text of subsection effective on April 01, 2027 (a) A medical examiner or justice of the peace notified of a death of a child under Section 264.513 shall hold an inquest under Chapter 49A, Code of Criminal Procedure, to determine whether the death is unexpected or the result of abuse or neglect. An inquest is not required under this subchapter if the child's death is expected and is due to a congenital or neoplastic disease. A death caused by an infectious disease may be considered an expected death if: (1) the disease was not acquired as a result of trauma or poisoning; (2) the infectious organism is identified using standard medical procedures; and (3) the death is not reportable to the Department of State Health Services under Chapter 81, Health and Safety Code. (a-1) The commissioners court of a county shall adopt regulations relating to the timeliness for conducting an inquest into the death of a child. The regulations adopted under this subsection must be as stringent as the standards issued by the National Association of Medical Examiners unless the commissioners court determines that it would be cost prohibitive for the county to comply with those standards. (b) The medical examiner or justice of the peace shall immediately notify an appropriate local law enforcement agency if the medical examiner or justice of the peace determines that the death is unexpected or the result of abuse or neglect, and that agency shall investigate the child's death. The medical examiner or justice of the peace shall notify the appropriate county child fatality review team of the child's death not later than the 120th day after the date the death is reported. (c) In this section, the terms "abuse" and "neglect" have the mea priate county child fatality review team of the child's death not later than the 120th day after the date the death is reported. (c) In this section, the terms "abuse" and "neglect" have the meaning assigned those terms by Section 261.001. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1022, Sec. 95, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1301, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 785, Sec. 3, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.199, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 11(a), eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 2.05, eff. April 1, 2027. Sec. 264.515. INVESTIGATION. (a) The investigation required by Section 264.514 must include: (1) an autopsy, unless an autopsy was conducted as part of the inquest; (2) an inquiry into the circumstances of the death, including an investigation of the scene of the death and interviews with the parents of the child, any guardian or caretaker of the child, and the person who reported the child's death; and (3) a review of relevant information regarding the child from an agency, professional, or health care provider. (b) The review required by Subsection (a)(3) must include a review of any applicable medical record, child protective services record, record maintained by an emergency medical services provider, and law enforcement report. (c) The committee shall develop a protocol relating to investigation of an unexpected death of a child under this section. In developing the protocol, the committee shall consult with individuals and organizations that have knowledge and experience in the issues of child abuse and child deaths. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 26 ave knowledge and experience in the issues of child abuse and child deaths. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 9 --- TEXAS FAMILY CODE Chapter 264, Subchapter F — CHILD FATALITY REVIEW AND INVESTIGATION Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 10
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