Child Fatality Or Near Fatality Investigations

SOP 7H.2 R. 11/15/06

CHILD FATALITY OR NEAR FATALITY INVESTIGATIONS

COA STANDARDS: ● NA

LEGAL AUTHORITY:  KRS 211.680-211.686 Review of Child Fatalities  KRS 600.020 Definitions for KRS Chapters 600 to 645  922 KAR 1:420, Child fatality or near fatality investigations

PROCEDURE: 1. Reports (a)The SSW follows procedures outlined in SOP 7H.1 Child Fatality or Near Fatality General Guidelines, as well as, the following additional procedures. (b)All reports that allege that a child fatality or near fatality has occurred as a result of alleged abuse or neglect are accepted as Investigations as outlined in SOP 7A.2 Acceptance Criteria. (c)In cases where the fatality or near fatality is abuse or neglect related and the child is in out of home care, the SRA or designee follows SOP 7H.3 for notification of the birth family and committing court. 2. Assigning Investigative Staff: (a)The SRA or designee assumes responsibility for assigning staff to investigate the child fatality or near fatality that have had no prior involvement with the family. Prior involvement with the family (including all CPS Track 1-4, APS, or Status cases) includes staff that: (1) Have completed a previous investigation involving the family; (2) Are currently assigned as an ongoing case manager for the family; or are currently investigating the child or family or; (3) Have supervised an investigation or ongoing case involving the family. (b)Staff assigned to investigate, supervise or consult on the investigation may be in the same region. However, the assigned staff may not have had prior involvement with the family. If the investigation is initiated by a SSW or FSOS with prior involvement with the family and did not realize it until after initiation, the FSOS notifies the SRA or, in his or her absence the SRA designee. The SRA or in his or her absence the SRA designee reassigns the investigation, as soon as possible, upon notification. 3. Securing and Updating an Existing Case Record: (a)In cases where there is an open case with the family, within one (1) working day of receipt of the report of child fatality or near fatality the SRA or, in his or her absence, the SRA designee assigns staff to secure the official case record from the appropriate DCBS office, including control access of the TWIST case and any official documents completed with the family during a pending investigation. A copy may be left in the local DCBS office as needed to provide ongoing services to the family and/or to complete documentation on the case. (b)The official case record is delivered to the assigned FSOS and/or SSW responsible for the: (a)Child Fatality or Near Fatality Investigation; and (b)Integrity of the official case record, until the investigation is approved. (c)In cases where there is a pending CPS Investigation or FINSA with the family at the time of receipt of the Child Fatality or Near Fatality Investigation, the SSW and FSOS involved in the case: (1)Immediately cease any further assessment on the pending CPS Investigation or FINSA; (2)Document all efforts based on information known prior to receipt of the child fatality or near fatality in TWIST, within three (3) working days of the report date of the child fatality or near fatality; and (3)Explain in the narrative of the assessment that the assessment was ceased based on a new report alleging a child abuse or neglect related child fatality or near fatality. (d)In ceasing the assessment based on a new report of child fatality or near fatality the SSW enters all information known up to the point of notification of the child fatality or near fatality. Based on that information the SSW and the FSOS make a determination of findings: (1)To substantiate or unsubstantiate an investigation; or (2)That the family does or does not need services during a FINSA. The SSW notes in the case record, TWIST, CQA, etc. that the referral has been ceased due to the receipt of a new investigation on a child fatality or near fatality. If the pending investigation involves alleged sexual abuse the region contracts Central Office (C0) for consultation on a case by case basis. (e) If there is an ongoing APS Investigation with the family at the time of receipt of the Child Fatality or Near Fatality Investigation, the pending APS investigation proceeds as appropriate. If the APS investigation is complete, however the documentation is not, the SSW and FSOS involved in the case completes within three (3) working days of the report date of the child fatality or near fatality: (a)All documentation; and (b)Updates the case record in TWIST. (f) If there is an open case for services with the family at the time of receipt of the Child Fatality or Near Fatality Investigation, the SSW and FSOS involved in the case, within three (3) working days of the report date of the child fatality or near fatality: (a)Completes all documentation; and (b)Updates the case record in TWIST. (g) If the fatality or near fatality occurred in a DCBS resource home the official case record for the provide case is secured within one (1) working day of receipt of the report of child fatality or near fatality as outlined in procedure number seven (7). The SSW and FSOS involved in the case, within three (3) working days of the report date of the child fatality or near fatality: (a)Completes all documentation; and (b)Updates the case record in TWIST. (h) All service recordings, CQA and investigative results on pending CPS referrals are submitted by the SSW and FSOS within three (3) working days of the report date of the child fatality or near fatality, but are not finalized or approved in TWIST until reviewed and authorized by the: (a)Regional attorney for the Office of Legal Services; (b)SRAA or SRCA; and (c) SRA. 4. The Fatality Investigation and Documentation: (a) When completing a fatality or near fatality investigation, the SSW follows investigative guidelines set forth in SOP 7B, as well as, the following procedures. (b) If child abuse or neglect is suspected, the SSW determines the safety of any surviving children, including other foster children and natural children through immediate assessment to assure their safety. The assessment includes: (1)Arranging for physical examinations to check for any current injuries to the surviving children, if indicated; (2)Determining whether there has been any history of prior abuse or neglect to the children or other family members by the alleged perpetrator; (3)Interviewing the children separately and in a safe environment to assess present emotional condition and to determine to what extent they may have witnessed family violence; (4)Observing interaction between parent or caretaker and children; (5)Discussing parent or caretaker’s own family history; (6)Making collateral contacts with neighbors, schools and extended family; (7)Determining whether the surviving children were present during the time frame of the deceased child’s injuries and therefore may have witnessed what occurred; (8)Referring immediately to mental health counseling, if appropriate; (9)Developing immediately a Prevention Plan for siblings, pending the completion of the investigation, if they remain in the home; and, (10) Checking TWIST records for a history of child abuse/neglect, court records for a history of domestic violence and criminal records for alleged perpetrator and other adults in the home. (c) If a coroner refuses to request an autopsy and the SSW asserts the need for an exam, the SSW consults with the Director of Protection and Permanency regarding how to proceed. The Office of Legal Services (OLS) may also be consulted. KRS 72.025 and KRS 72.405 mandate that the coroner require a post-mortem examination, which may include an autopsy, on the death of any child where the cause of the death appears to be violence, child abuse, suicide, drugs, SIDS or a variety of other unexpected or unexplained causes. (d) The SSW interviews first responders to the fatality or near fatality including but not limited to law enforcement, Emergency Medical Staff as collaterals in the fatality or near fatality investigation. (e) Information gathered during the course of an investigation including prior DPP involvement with the family can be shared with the medical examiner if requested. (f) The SSW is encouraged to participate in Local Child Fatality Response Teams to assist in cross communication and sharing information between different agencies. (g) The SSW obtains all medical records for the child and seeks consultation from the Fatality Nurse Administrator regarding the injuries to the child fatality or near fatality both chronic and acute as well as siblings when indicated. (h) The SSW makes every effort to interview the alleged perpetrator, but does not interfere with the investigation by law enforcement. If the perpetrator refuses to be interviewed, this is clearly documented, as are reasons for delays in the investigation or interview with the perpetrator. (i) Upon completion of a fatality or near fatality investigation, the regional office provides case consultation and approval of findings prior to the finalization of the assessment in TWIST. Regional consultation is documented in the assessment. An abbreviated assessment is never utilized in a child fatality or near fatality. 5. The Internal Review Process: (a)The SRA or, in his or her absence the SRA designee, schedules an internal child fatality or near fatality review meeting, within sixty (60) calendar days of receipt of the report of child fatality or near fatality when the Cabinet had prior involvement with the child and/or family to discuss: (1)Previous DPP involvement; (2)The current investigation; (3)Recommendations for the family; (4)Existing practice to identify areas for improvement; and (5)Opportunities for staff training and development. (b)Attendance in the internal child fatality or near fatality review meeting is required of the: (1)SSW investigating the child fatality or near fatality; (2)FSOS; (3)Regional Attorney; (4)SRA or designee; (5)SRAA/SRCA; (6)SSW/FSOS previously involved in the case, when applicable; (7)The Central Office Child Fatality or Near Fatality Specialist; and (8)(Optional) The Child Fatality or Near Fatality Nurse Administrator. Other agency staff may attend this review at the discretion of the SRA and/or Regional Attorney. The Central Office Child Fatality or Near Fatality Specialist is advised of the date and time of the meeting and travels to the region to attend or participates via conference call when attendance is not possible. (c) Within ten (10) working days of the child fatality or near fatality internal review meeting, recommendations gleaned from the review are submitted as “Confidential Attorney Client Privileged Correspondence” to the Child Fatality Specialist who will distribute to the following persons: (1) Cabinet’s, General Counsel; (2) Director of Protection and Permanency; and (3) Director of Service Regions. This Confidential Attorney Client Privileged Correspondence is not placed in the official case record.