Section 31-25-2-20.4 - Citizen review panels; membership; appointment; duties; response to report; prohibited acts(a) The department shall establish at least three (3) citizen review panels in accordance with the requirements of the federal Child Abuse Prevention and Treatment Act under 42 U.S.C. 5106a.(b) A citizen review panel consists of volunteer members who broadly represent the community in which the panel is established, including members who have expertise in the prevention and treatment of child abuse and neglect.(c) The department shall appoint the citizen review panels in the following manner:(1) One (1) panel must be a community child protection team established in a county under IC 31-33-3-1, selected by the director of the department with the consent of the team.(2) One (1) panel must be either:(A) the statewide child fatality review committee established under IC 16-49-4; or(B) a local child fatality review team established under IC 16-49-2; selected by the director of the department with the consent of the committee or team.
(3) One (1) panel must be a foster care advisory panel consisting of at least five (5) and not more than eleven (11) members, selected to the extent feasible from the membership of any foster care advisory group previously established or recognized by the department. If the panel consists of seven (7) or fewer members, the panel must include at least one (1) foster parent licensed by the department and one (1) foster parent licensed by the department through a child placing agency licensed under IC 31-27-6. If the panel consists of more than seven (7) members, the panel must include two (2) foster parents licensed by the department and two (2) foster parents licensed by the department through a child placing agency licensed under IC 31-27-6. Additional members of the panel must include one (1) or more individuals who are employed by a child placing agency licensed under IC 31-27-6 and who provide services to foster families and children placed by the department in out-of-home placements, and may include other representatives of child welfare service providers or persons who provide training to current or prospective foster parents. All members of this panel must be individuals who are not employees of the department.(4) The membership of any additional citizen review panels established under this section shall be determined by the director of the department, consistent with the guidelines for panel membership stated in subsection (b) and the purposes and functions of the panels as described in this section.(5) Each citizen review panel shall be appointed for a term of three (3) years beginning July 1, 2007. Upon expiration of the term of the panel described in subdivision (1), the director of the department shall select a community child protection team established in a different county for the succeeding term. Upon expiration of the term of the panel described in subdivision (2), the director of the department shall select a different fatality review team, or committee, if available, for the succeeding term. Panels appointed under subdivision (3) or (4) may be reappointed for successive terms, in the discretion of the director of the department. The director may appoint individuals as needed to fill vacancies that occur during the term of any panel appointed under subdivision (3) or (4).(d) A citizen review panel shall evaluate the extent to which a child welfare agency is effectively discharging the agency's child protection responsibilities by examining:(1) the policies and procedures of child welfare agencies;(2) if appropriate, specific child protective services cases; and(3) other criteria the citizen review panel considers important to ensure the protection of children.(e) Each citizen review panel shall: (1) meet at least one (1) time every three (3) months; and(2) prepare and make available to the department and the public an annual report that contains a summary of the activities of the citizen review panel.(f) The department shall, not more than six (6) months after the date the department receives a report from a citizen review panel under subsection (e), submit to the citizen review panel a written response indicating whether and how the department will incorporate the recommendations of the citizen review panel. The department shall at the same time provide appropriate child welfare agencies with copies of the department's written response.(g) A child welfare agency shall make all reports and other materials in the child welfare agency's possession available to a citizen review panel established under this section, including any reports and materials that the child welfare agency has received from other agencies.(h) A member of a citizen review panel may not disclose to a person or government official any identifying information that is provided to the citizen review panel about:(1) a specific child protective services case or child welfare agency case;(2) a child or member of the child's family who is the subject of a child protective services assessment; or(3) any other individuals identified in confidential reports, documents, or other materials.(i) If a member of a citizen review panel violates subsection (h), the department may remove the member from the citizen review panel.(j) A child welfare agency shall cooperate and work with each citizen review panel established under this section.Amended by P.L. 119-2013, SEC. 8, eff. 7/1/2013.Amended by P.L. 128-2012, SEC. 88, eff. 7/1/2012.As added by P.L. 138-2007, SEC.46. Amended by P.L. 131-2009, SEC.32.