(a) The commissioner of children's services shall provide a report of the fatality or near fatality of:
(1) Any child in the custody of the department;
(2) Any child who is the subject of an ongoing investigation by child protective services or has been the subject of an investigation by child protective services within the forty-five (45) days immediately preceding the child's fatality or near fatality; or
(3) Any child whose fatality or near fatality resulted in an investigation of the safety and well-being of another child in the home;
(b) The legislators representing the child shall be determined by the home address of the child. If the child was not a resident of Tennessee prior to being placed in the custody of the department, the legislators representing the child shall be determined by the address of the residence or facility in which the child was located at the time of the child's fatality or near fatality.
(c) For the purposes of this section, “near fatality” shall have the same meaning as in § 37-5-107.