Commonwealth of Kentucky s51

COMMONWEALTH OF KENTUCKY STATE FISCAL NOTE STATEMENT GENERAL ASSEMBLY LEGISLATIVE RESEARCH COMMISSION 2013 REGULAR SESSION

MEASURE (x ) 2013 BR No. 0293 ( x) HB Bill No. 290 GA ( ) Resolution No. ( ) Amendment No. SUBJECT/TITLE ACT relating to the external child fatality and near fatality review panel. SPONSOR Representative Tom Burch

NOTE SUMMARY Fiscal Analysis: Impact X No Impact Indeterminable Impact Level(s) of Impact: State Local Federal Budget Unit(s) Impact Department for Community Based Services, Cabinet for Health and Family Services; Justice and Public Safety Cabinet Fund(s) Impact: General Road Federal Restricted Agency (Type) (Other) FISCAL SUMMARY______Future Annual Fiscal Estimates 2012-2013 2013-2014 Rate of Change Revenues Increase (Decrease)

Expenditures Increase (Decrease)

Net Effect Positive (Negative)

MEASURE'S PURPOSE: HB 290 GA requires the establishment of an external child fatality or near fatality review panel.

PROVISION/MECHANICS: HB 290 GA creates a new section of KRS 620 to establish an external child fatality and near fatality review panel administratively attached to the Justice and Public Safety Cabinet. In addition, this Section requires the Cabinet for Health and Family Services and/or any agency, organization, or entity involved with a child subject to a fatality or near fatality to confidentially provide all records of services provided related to said child within 30 days of request; establishes its membership, duties, and responsibilities; requires panel members to recuse themselves from a case review if there is a personal or private conflict of interest; amends KRS 620.050 to allow records to be provided to the panel; clarifies that original information and records used to make copies for the panel are subject to the Kentucky Open Records Act; clarifies that Open Records requests not be made to the panel; clarifies that closed session provisions of KRS 61.815 apply to the panel; and, authorizes a panel member to make a good faith report to proper authorities. All records to be destroyed by the Justice and Public Safety Cabinet at the end of the review.

FISCAL EXPLANATION: The Cabinet for Health and Family Services anticipates there would be a minimal increase in the administrative responsibilities of the Department for Community Based Services. However, these additional duties could be absorbed within the workload of current department staff.

The Justice and Public Safety Cabinet currently performs the duties required by HB 290 GA pursuant to an Executive Order signed by the Governor last summer. Since the current draft for HB 290 GA does not require additional duties, there is no impact on the Justice and Public Safety Cabinet.

DATA SOURCE(S) Cabinet for Health and Family Services 2012 BR Page 2 of 2

NOTE NO. 29.3 PREPARER Cindy Murray REVIEW GMR DATE 2-25-13

LRC 2013-BR0293hb290GA