Taylor University accident in Indiana focuses on death, coroner records
Definitions in statutes could pose access problems.
Are coroner records in Indiana public? The question has been asked since a tragic case of mistaken identity came under national media scrutiny following a traffic accident that killed four Taylor University students and one staff member.
Two students, who looked strikingly alike, had been switched—one buried under the wrong name, another recuperating in a hospital also under the wrong name. As the families now sort through how and why it happened, the focus has turned to public records to retrace critical decisions.
When an individual dies in Indiana, three types of death records are created under different statutes. It’s best to review these laws prior to making any requests for public records relating to deaths occurring in Indiana. Please also note that similar titles of records can create confusion if you don’t cite the correct statute in making a request.
Certificate of Death (non-public)
IC 16-37-1-8 creates an official document that families need to settle affairs following a death, such as collection of life insurance proceeds. This record is created by the local health department. The certificate is made available only when the health officer is satisfied that the requestor has a direct interest in the matter and that the certificate is necessary for the determination of personal or property rights or in compliance with state or federal law. The public cannot obtain these records. A person seeking the records must present at least one form of identification.
Permanent Record of Death (public)
IC 16-37-3-9 is created by the local health department and usually includes the following information: name; sex; age; place of death; residence; addresses of the deceased during the two years before death; and Social Security Number. This record is open, except for the Social Security Number of the deceased.
Certificate of Death (public)
IC 16-37-3-3 is filed with the local health officer by the person in charge of burial. That person must present the certificate of death to the physician last in attendance to the deceased. That attending physician will certify the cause of death under IC 16-37-3-5. A 1998 Indiana Attorney General’s official opinion (98-01) stated that the record created under this statute was a public record subject to public inspection. While not all counties keep this record, some community newspapers do routinely access these files and publish the causes of death for local residents.
A coroner’s investigation produces additional records, some of which fall under the discretionary control of the coroner.
Coroner’s Report (public)
If the circumstances suggest that the death was caused by other than natural causes, the death is referred to the coroner for investigation. If an autopsy is performed as part of the investigation, the coroner is required to create an official report that shall be made available for inspection and copying. That report is different from the actual autopsy, which is not a public record but can be released at the discretion of the coroner.
IC 36-2-14-18 requires the coroner to make available a list of information for the official report, including:
- Name, age, address, sex and race of the deceased
- Location where the body was found
- Agency to which the death was reported and name of person reporting the death
- Name of any public official or employee present at the scene of the death, and name of the person certifying the death
- Information concerning an autopsy limited to the date of the autopsy
- Who performed the autopsy
- Where the autopsy was performed
- A conclusion as to the probable cause of death, probable manner of death and probable mechanism of death
- Where the body was taken following an autopsy, who determined the transfer, and the identity of the authority that moved the body
The coroner also has the discretion to make some accompanying reports, such as toxicology results, public.
In seeking autopsy records, there is also a mechanism under the law for the public to get access to autopsy photos and video. IC 16-39-7.1-4 requires filing a petition with a local judge and arguing there is a public interest at stake for disclosure—such as alleged malfeasance by investigating authorities.
Additional Online Resources:
Sample Indiana records request letter can be accessed at http://indianacog.org/resources.htm.
The Indiana Public Access Counselor opinion can be found at http://www.in.gov/pac/advisory/2006/06-FC-42.pdf. (Requires Adobe Reader)
For Indiana statutes online, visit the Indiana General Assembly site at http://www.in.gov/legislative/ic_iac/
(This report was prepared by SPJ Indiana Sunshine Chairs Gerry Lanosga and Kyle Niederpruem, and Steve Key, general counsel for the Hoosier State Press Association. Contact Lanosga at glanosga@wthr.com for additional questions.)
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