Section 36-2-14-18 - Public inspection and copying of information; investigatory records; copies of autopsy; availability of report(a) Notwithstanding IC 5-14-3-4(b)(1), when a coroner investigates a death, the office of the coroner is required to make available for public inspection and copying the following: (1) The name, age, address, sex, and race of the deceased.(2) The address where the dead body was found, or if there is no address the location where the dead body was found and, if different, the address where the death occurred, or if there is no address the location where the death occurred.(3) The name of the agency to which the death was reported and the name of the person reporting the death.(4) The name of any public official or governmental employee present at the scene of the death and the name of the person certifying or pronouncing the death.(5) Information regarding an autopsy (requested or performed) limited to the date, the person who performed the autopsy, where the autopsy was performed, and a conclusion as to: (A) the probable cause of death;(B) the probable manner of death; and(C) the probable mechanism of death.(6) The location to which the body was removed, the person determining the location to which the body was removed, and the authority under which the decision to remove the body was made.(7) The records required to be filed by a coroner under section 6 of this chapter and the verdict and the written report required under section 10 of this chapter.(b) A county coroner or a coroner's deputy who receives an investigatory record from a law enforcement agency shall treat the investigatory record with the same confidentiality as the law enforcement agency would treat the investigatory record.(c) Notwithstanding any other provision of this section, a coroner shall make available a full copy of an autopsy report, other than a photograph, a video recording, or an audio recording of the autopsy, upon the written request of a parent of the decedent, an adult child of the decedent, a next of kin of the decedent, or an insurance company investigating a claim arising from the death of the individual upon whom the autopsy was performed. A parent of the decedent, an adult child of the decedent, a next of kin of the decedent, and an insurance company are prohibited from publicly disclosing any information contained in the report beyond that information that may otherwise be disclosed by a coroner under this section. This prohibition does not apply to information disclosed in communications in conjunction with the investigation, settlement, or payment of the claim.(d) Notwithstanding any other provision of this section, a coroner shall make available a full copy of an autopsy report, other than a photograph, a video recording, or an audio recording of the autopsy, upon the written request of: (1) the director of the division of disability and rehabilitative services established by IC 12-9-1-1;(2) the director of the division of mental health and addiction established by IC 12-21-1-1; or(3) the director of the division of aging established by IC 12-9.1-1-1; in connection with a division's review of the circumstances surrounding the death of an individual who received services from a division or through a division at the time of the individual's death.
(e) Notwithstanding any other provision of this section, a coroner shall make available, upon written request, a full copy of an autopsy report, including a photograph, a video recording, or an audio recording of the autopsy, to: (1) the department of child services established by IC 31-25-1-1, including an office of the department located in the county where the death occurred;(2) the statewide child fatality review committee established by IC 16-49-4; or(3) a county child fatality review team or regional child fatality review team established under IC 16-49-2 for the area where the death occurred; for purposes of an entity described in subdivisions (1) through (3) conducting a review or an investigation of the circumstances surrounding the death of a child (as defined in IC 16-49-1-2) and making a determination as to whether the death of the child was a result of abuse, abandonment, or neglect. An autopsy report made available under this subsection is confidential and shall not be disclosed to another individual or agency, unless otherwise authorized or required by law.
(f) Notwithstanding any other provision of this section, a coroner shall make available, upon written request, a full copy of an autopsy report, including a photograph, a video recording, or an audio recording of the autopsy, to the local fetal-infant mortality review team established under IC 16-49-6 for purposes of the local fetal-infant mortality review team conducting a review or an investigation of the circumstances surrounding a fetal death or an infant death (as defined in IC 16-49-6). An autopsy report made available under this subsection is confidential and shall not be disclosed to another individual or agency, unless otherwise authorized or required by law.(g) Notwithstanding any other provision of this section, a coroner shall make available, upon written request, a full copy of an autopsy report, including a photograph, a video recording, or an audio recording of the autopsy, to the statewide maternity mortality review committee established under IC 16-50-1.(h) Notwithstanding any other provision of this section, and except as otherwise provided in this subsection, a coroner may make available, upon written request, a full copy of an autopsy report to the peer review committee (as defined in IC 34-6-2-99) of a hospital at which the decedent was treated immediately before death for purposes of the hospital's peer review activities. An autopsy report made available under this subsection: (1) may not include: (B) a video recording; or(C) an audio recording; of the autopsy; and
(2) is confidential and may not be disclosed to another individual or agency, unless otherwise authorized or required by law. However, if immediately making available an autopsy report under this subsection will interfere with the coroner's investigation or other legal proceedings related to the decedent's death, the coroner may delay making available the requested autopsy related information until the investigation or other legal proceedings are concluded.
(i) Except as provided in subsection (j), the information required to be available under subsection (a) must be completed not later than fourteen (14) days after the completion of: (1) the autopsy report; or(2) if applicable, any other report, including a toxicology report, requested by the coroner as part of the coroner's investigation; whichever is completed last.
(j) The prosecuting attorney may petition a circuit or superior court for an order prohibiting the coroner from publicly disclosing the information required in subsection (a). The prosecuting attorney shall serve a copy of the petition on the coroner.(k) Upon receipt of a copy of the petition described in subsection (j), the coroner shall keep the information confidential until the court rules on the petition.(l) The court shall grant a petition filed under subsection (j) if the prosecuting attorney proves by a preponderance of the evidence that public access or dissemination of the information specified in subsection (a) would create a significant risk of harm to the criminal investigation of the death. The court shall state in the order the reasons for granting or denying the petition. An order issued under this subsection must use the least restrictive means and duration possible when restricting access to the information. Information to which access is restricted under this subsection is confidential.(m) Any person may petition the court to modify or terminate an order issued under subsection (l). The petition for modification or termination must allege facts demonstrating that:(1) the public interest will be served by allowing access; and(2) access to the information specified in subsection (a) would not create a significant risk to the criminal investigation of the death. The person petitioning the court for modification or termination shall serve a copy of the petition on the prosecuting attorney and the coroner.
(n) Upon receipt of a petition for modification or termination filed under subsection (m), the court may: (1) summarily grant, modify, or dismiss the petition; or(2) set the matter for hearing. If the court sets the matter for hearing, upon the motion of any party or upon the court's own motion, the court may close the hearing to the public.
(o) If the person filing the petition for modification or termination proves by a preponderance of the evidence that:(1) the public interest will be served by allowing access; and(2) access to the information specified in subsection (a) would not create a significant risk to the criminal investigation of the death; the court shall modify or terminate its order restricting access to the information. In ruling on a request under this subsection, the court shall state the court's reasons for granting or denying the request.
As added by P.L.299-1989, SEC.1. Amended by P.L.4-1994, SEC.23; P.L.2-1995, SEC.129; P.L.2-1996, SEC.290; P.L.271-2001, SEC.5; P.L.243-2003, SEC.13; P.L.141-2006, SEC.113; P.L.102-2007, SEC.6; P.L.157-2007, SEC.5; P.L.225-2007, SEC.17; P.L.3-2008, SEC.257; P.L.119-2013, SEC.23; P.L.160-2017, SEC.1; P.L.48-2018, SEC.8; P.L.31-2019, SEC.10.