Section 17-191. Child fatality review advisory team

a. For purposes of
  this section, the term "child fatality" shall  mean  the  death  of  any
  person  in  the city of New York under the age of thirteen where (1) the
  death is unanticipated, (2) the death is the result of  trauma,  or  (3)
  the  circumstances  of  the  death  are suspicious, obscure or otherwise
  unexplained; provided, however, that such term  shall  not  include  the
  death  of  any  person under the age of thirteen where such death is the
  subject of a pending criminal investigation, prosecution or appeal.
    b. There shall be established within  the  department,  in  accordance
  with  all  applicable  state  and  local  laws,  a child fatality review
  advisory team to examine the facts and circumstances relating  to  child
  fatalities.   The   team  shall  consist  of  the  commissioner  of  the
  administration of children's services,  or  his  or  her  designee;  the
  commissioner of the police department, or his or her designee; the chief
  medical  examiner,  or  his  or  her  designee;  the commissioner of the
  department of health and mental hygiene, or his or her designee; and, if
  required by applicable law, the  commissioner  of  the  New  York  state
  office  of  children  and  family  services, or his or her designee. The
  chancellor of the department of education, or his or her  designee,  may
  become  a  member  of the team at his or her discretion. The mayor shall
  appoint to the team a maximum of two additional  individuals,  including
  at  least  one  pediatrician  and  at  least one person who advocates on
  child-related issues; provided, however, that such individuals shall not
  hold any other public office, employment or trust. The  speaker  of  the
  city  council  shall  appoint  to  the  team a maximum of two additional
  individuals, including at least one pediatrician and at least one person
  who advocates on child-related  issues;  provided,  however,  that  such
  individuals shall not hold any other public office, employment or trust.
  The public advocate shall appoint to the team one additional individual;
  provided,  however, that such individual shall not hold any other public
  office, employment or trust.
    c. Each member of the child fatality review advisory team, other  than
  any member serving in an ex officio capacity, or such member's designee,
  and,  if he or she chooses to serve, the chancellor of the department of
  education, or his or her designee, shall serve for a term of two  years,
  and may be removed from office for cause. Any vacancy shall be filled in
  the same manner as the original appointment.
    d.  All members of the child fatality review advisory team shall serve
  without compensation, except that each member shall  be  allowed  actual
  and  necessary  expenses  to be audited in the same manner as other city
  charges.
    e. Except as otherwise provided in this section, no  person  shall  be
  ineligible  for  membership  on  the child fatality review advisory team
  because such person holds any other public office, employment or  trust,
  nor  shall  any  person  be  made ineligible to or forfeit such person's
  right to any public office,  employment  or  trust  by  reason  of  such
  appointment.
    f.  The  child  fatality review advisory team shall meet at least four
  times a year. The commissioner of the department of  health  and  mental
  hygiene  shall  serve  as  chairperson of the team and shall convene the
  first meeting of the team within ninety days after the effective date of
  the local law that added this section.
    g. The child fatality review advisory team's work shall  include,  but
  not be limited to, reviewing aggregate data relating to child fatalities
  and  formulating  recommendations  regarding  methods  of  improving the
  protection of children in order to  decrease  the  future  incidence  of
  child fatalities in the city of New York.

    h.  The  child  fatality  review advisory team may request information
  from any agency as may be necessary to carry out the provisions of  this
  section,  in accordance with all applicable laws, rules and regulations,
  including,  but  not  limited  to,  laws  related   to   attorney-client
  privilege,  attorney  work product, material prepared for litigation and
  disclosure of agency records under the public officers law. The team may
  also request such information from any not-for-profit organization which
  provided services to the victim of a child fatality  or  to  the  family
  members  of  such  victim, in accordance with all applicable laws, rules
  and  regulations,  including,  but  not  limited  to,  laws  related  to
  attorney-client  privilege, attorney work product, material prepared for
  litigation and confidentiality. Nothing in  this  subdivision  shall  be
  construed  as  limiting  any right or obligation of agencies pursuant to
  the public officers law,  including  the  exceptions  to  disclosure  of
  agency  records  contained  in  such  law,  with respect to access to or
  disclosure  of  records  or  portions  thereof.  The  team  shall   keep
  confidential all information that it receives and protect the privacy of
  all  individuals involved in the child fatality cases that it reviews to
  the extent provided by law.
    i. The child fatality review advisory team shall submit to the  mayor,
  the  speaker  of  the  city council and the public advocate, annually, a
  report including, but not limited to, the number of child fatality cases
  which occurred in the  city  of  New  York  during  the  previous  year;
  statistics   regarding   the   causes   of  child  fatalities;  specific
  non-identifying data with respect to the victims  of  child  fatalities,
  such as gender, age and race, and, if available, religion and ethnicity;
  statistics  regarding the location of child fatalities, disaggregated by
  borough; and recommendations  regarding  ways  to  decrease  the  future
  incidence of child fatalities in the city of New York.
    * NB Repealed January 30, 2012