CHAPTER 331

FORMERLY

SENATE BILL NO. 115

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE CHILD DEATH REVIEW COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend the title of Subchapter II, Chapter 3 of Title 31 of the Delaware Code by inserting between the phrases "Child Death" and "Review Commission" as they appear therein, the words "and Stillbirth".

Section 2. Amend Section 320 of Title 31 of the Delaware Code by inserting between the phrases "under the age of 18" and "are reviewed in order" as they appear therein, the phrase "and stillbirths occurring after at least 27 weeks of gestation".

Section 3. Amend Section 320 of Title 31 of the Delaware Code by deleting the last sentence thereof, and by substituting in lieu thereof the following:

"This subchapter establishes the Child Death and Stillbirth Commission. For the purposes of this subchapter, 'Commission' means the Child Death and Stillbirth Commission. Stillbirths occurring after at least 27 weeks of gestation shall not include stillbirths which occur as a result of an elective medical procedure."

Section 4. Amend Section 321(a) of Title 31 of the Delaware Code by inserting immediately after the last sentence thereof the following:

"Subject to the availability of the appropriate and necessary funding, the Commission shall have the authority to appoint staff members to whom certain duties and authority may be delegated as deemed appropriate by the Commission."

Section 5. Amend Section 321 of Title 31 of the Delaware Code by inserting immediately after the phrase "child death" wherever it appears therein, the phrase "and stillbirth".

Section 6. Amend Section 323(a) of Title 31 of the Delaware Code by inserting immediately after the phrase "deaths of children under the age of 18" the phrase "and stillbirths".

Section 7. Amend Section 323 of Title 31 of the Delaware Code by adding a new subsection thereto to be designated as subsection "(d)", to read as follows:

"(d) Notwithstanding any provision of this subchapter to the contrary, no investigation or review shall be made of a stillborn if either parent objects."

Approved June 30, 2002