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Full Text of House Bill 949- Improve Child Protection/Records. (Public) hftp://www.ncga.state.nc.us/.htmil997/bills/house/hbi10949.full.html <br /> 21 <br /> GENERAL ASSEMBLY OF NORTH CAROLINA <br /> SESSION 1997 <br /> H2 <br /> HOUSE BILL 949 <br /> Committee Substitute Favorable 4/29/97 <br /> Short Title: Improve Child Protection/Records. (Public) <br /> Sponsors: <br /> Referred to: <br /> April 15, 1997 <br /> A BILL TO BE ENTITLED <br /> AN ACT TO IMPROVE CHILD PROTECTION BY REQUIRING BETTER DISCLOSURE OF <br /> CHILD FATALITY RECORDS. <br /> Additional Information Available on: Bill Status <br /> Section 1. Chapter 132 of the General Statutes is <br /> amended by adding the following new section to read: <br /> "5 132-1.5. Child fatality records. <br /> (a) As used in this Chapter, 'child fatality cases' shall <br /> include cases in which a child dies as a result of suspected abuse or <br /> neglect and (i) an individual is criminally charged with the child's <br /> death; or (ii) the county department of social services receives a report <br /> from the medical examiner, physician or other person, pursuant to G.S. <br /> 7A-543, that the child's death may have been the result of abuse or <br /> maltreatment. <br /> (b) Notwithstanding any other provision of law, <br /> confidentiality shall be lifted in child fatality cases as defined in <br /> subsection (a) , and the deceased child's records in the custody of <br /> governmental agencies shall be public. These records shall include, but <br /> not be limited to, all medical records, hospital records, emergency <br /> medical services records, police investigative records, medical examiner <br /> investigative data, and records maintained by a State, county, or local <br /> government agency, including public health records, mental health records, <br /> educational records, and social services records. <br /> (c) If a public agency believes that release of information <br /> that is a public record under subsections (a) and (b) of this section is <br /> reasonably likely to pose a threat to the mental health, physical health, <br /> or personal safety of a minor child residing in the deceased child's <br /> household, or to materially compromise a continuing or future criminal <br /> investigation, the agency may seek an order from a court of competent <br /> jurisdiction to prevent disclosure of the information. in such action, <br /> the agency shall have the burden of showing by clear and convincing <br /> evidence that disclosure of the information in question will do one or <br /> more of the following: <br /> (1) Cause mental or physical harm or <br /> danger to a minor child residing in the deceased child's household; <br /> 1 of 2 05/15/97 13:58:20 <br />