Transcript Child Fatalities/Near Fatalities

Child Fatality/Near Fatality
Reviews
Statutory Authority
• On July 3, 2008, Pennsylvania Governor
Edward G. Rendell signed Senate Bill
1147, Printer’s Number 2159 into law.
• This amendment to the CPSL, known as
Act 33 of 2008, was effective December
30, 2008
• Requires that child fatalities and near
fatalities be reviewed at both the state and
local levels.
Near Fatality
• “An act that, as certified by a physician, places a
child in serious or critical condition.”
– Includes an alleged abusive act or failure to act.
• Written certification is not required; verbal
certification is acceptable.
• Must be clear when asking the question of
whether the case is a near fatality so as to not
use the medical field’s definition for “near-fatal.”
– Question should be, “ has a physician certified that
the child is in serious or critical condition as a result of
an alleged abusive act or failure to act?”
Local Reviews
• Team must be convened when a report is
substantiated or if a status determination has not
been made within 30 days by the county
children and youth agency of the oral report to
ChildLine
• Act 33 enumerates members of teams
• The team may not be chaired by the county
agency and must submit a report to DPW within
90 days
• DPW must respond to the report within 45 days
Review Team must include at least 6 members
broadly representative of the county with expertise
in child abuse and neglect
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a staff person from the county
agency;
a member of the advisory
committee of the county agency;
a health care professional;
a representative of a local school,
educational program or child care
or early childhood development
program;
a representative of law
enforcement or the district
attorney;
an attorney-at-law trained in legal
representation of children or an
individual trained under 42
Pa.C.S., Section 6342 (relating to
court-appointed special
advocates);
a mental health professional;
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a representative of a children’s
advocacy center that provides
services to children in the county
(this must not be an employee of
the county agency however);
the county coroner or forensic
pathologist;
a representative of a local
domestic violence program;
a representative of a local drug
and alcohol program;
an individual representing parents;
and
any individual whom the county
agency or child a fatality or near
fatality review team determines is
necessary to assist the team in
performing its duties.
Review
The team is responsible for reviewing:
• the circumstances of the child’s fatality or near fatality resulting from
suspected or substantiated child abuse;
• the delivery of services to the abused child, the child’s family and/or the
perpetrator provided by the county agency in each county where the child
and family resided within the 16 months preceding the fatality or near
fatality;
• the services provided to the child, the child’s family and the perpetrator by
other public and private community agencies or professionals (these
services include services provided by law enforcement, mental health
services, programs for young children, programs for children with special
needs, drug and alcohol programs, local schools and health care providers);
• relevant court records and documents related to the abused child and the
child’s family; and
• the county agency’s compliance with statutes and regulations and with
relevant policies and procedures of the county agency.
Report Content
This report must include information pertaining to the
following:
• deficiencies and strengths in compliance with statues
and regulations and services to children and families;
• recommendations for changes at the state and local
levels on reducing the likelihood of future child fatalities
and near fatalities directly related to child abuse and
neglect;
• recommendations for changes at the state and local
levels on monitoring and inspection of county agencies;
and
• recommendations for changes at the state and local
levels on collaboration of community agencies and
service providers to prevent child abuse and neglect.
DPW Review
• DPW is required to conduct an
independent review
• Report must be completed within 6 months
of the date of the oral report to ChildLine
• Regional Offices conduct reviews and
participate in local review
DPW Review Team
• Development of a DPW fatality/near fatality review team
whose purpose is to:
– ensure in-depth and expedited reviews of Child Death and Near
Fatalities that are registered through ChildLine as a result of
suspected child abuse to:
• Identify strengths and promising practices at the local and regional
level;
• Identify questions or gaps in information gathered at the local and
regional level;
• Determine if findings are consistent with the information provided in
the reports at the local and regional level;
• Identify common themes across the state, counties and regions;
• Recommend systemic change, and
• Provide county specific recommendations.
– discuss and provide feedback related to Certification and DeCertification of Near Fatality Reports.
De-certification/Certification
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De-certification is in regard to cases that were initially reported to be a near fatality,
however; through the investigation process is determined that the case was not a
near fatality as originally reported.
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Will occur only in limited circumstances.
Notification by the county to the regional office who will in turn discuss the case with the state
fatality review team.
Examples:
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Investigation reveals medical evidence which determines injuries due to natural causes or an
underlying medical condition, not suspected child abuse.
Errors were made in obtaining information during the initial report.
The converse can also happen when a case was not originally certified as a near
fatality, but becomes a near fatality during the investigation due to the child falling into
serious or critical condition, as determined by the physician, as a result of an act of
suspected child abuse.
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The county agency must immediately notify ChildLine regarding the physician’s
determination.
ChildLine will immediately notify the appropriate OCYF Regional Office thereby starting the
fatality review process.
Public Disclosure
• Act 33 of 2008 allows for the release of confidential information to
the public by DPW during the course of the fatality or near fatality
investigation. The information that may be released during the initial
course of investigation includes:
– The identity of the child;
– If the child was in the custody of a public or private agency and the
identity of that agency;
– The identity of the public or private agency under contract with a county
agency to provide services to the child and the child’s family in the
child’s home prior to the fatality or near fatality;
– A description of services provided by the public or private agency; and
– The identity of any county agency that convened a child fatality or near
fatality review team in respect to the victim child.
• County agencies are not permitted to release information to the
public until their report is finalized.
Public Disclosure (continued)
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The final reports completed by DPW and the county agency must also be released to
the public. Upon release of the report, identifying information must be removed from
these reports with the exception of:
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The identity of the deceased child;
If the child was in the custody of a public or private agency and the identity of that agency;
The identity of the public or private agency under contract with a county agency to provide
services to the child and the child’s family in the child’s home prior to the fatality or near
fatality; and
The identity of any county agency that convened a child fatality or near fatality review team in
respect to the victim child.
The only exception that permits the withholding of the release of these reports is
when the district attorney certifies that the reports release may compromise a
pending criminal investigation or proceeding.
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The DA must complete the certification, which lasts for 60 days.
An additional 60 day certification must be initiated by the DA if they feel the release of the
information may continue to compromise a pending criminal investigation or proceeding.
Public Disclosure (continued)
• DPW will be posting the local review team reports,
DPW’s response to these report and DPW’s report on
the DPW website to facilitate release to the public.
• As required by Act 146 of 2006
– Quarterly submissions of summaries of substantiated child
fatality and near fatality reports to the Governor and General
Assembly, to be issued in:
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May
August
November
Final quarterly summary, as well as a full summary of every
substantiated fatality and near fatality for the calendar year with
updates on the previous quarterly submissions as appropriate will
be included in the Annual Child Abuse Report.