65C-30.020. Child Fatalities

(1) Any employee of the Department, the contracted service providers or sheriffs’ offices who conduct child protective investigations, who has knowledge of a child’s death and who has reasonable cause to suspect that the child died as a result of abuse, neglect or abandonment shall immediately report the death to the Florida Abuse Hotline. A report is required even when there are no surviving children living in the home.

(2) Whenever a case manager learns that a child under supervision has died, that case manager shall immediately orally report the occurrence through the established chain of command to the community-based care (CBC) lead agency Chief Executive Officer or designee. Upon learning of the death, the CBC Chief Executive Officer or designee shall immediately orally notify the regional managing director and regional child fatality prevention specialist. Written notice shall be made within 24 hours of the death.

(3) The Hotline Director or designee shall provide written notification of all child deaths alleged to have occurred in Florida as a result of abuse, neglect or abandonment, within two (2) hours of the oral notification:

(a) Secretary of the Department;

(b) Deputy Secretary;

(c) Assistant Secretary for Child Welfare;

(d) Director of Child Welfare Operations;

(e) Director of Child Welfare Practice;

(f) Assistant Secretary for Operations;

(g) Regional Managing Director;

(h) Regional Family and Community Services Director or designee;

(i) Statewide Child Fatality Prevention Specialist;

(j) Regional Child Fatality Specialist; and,

(k) Legal Services General Counsel.

(4) Upon receipt of a call concerning a child death, Florida Abuse Hotline staff shall:

(a) Screen the call to determine whether the allegation meets the statutory requirement for accepting a report of death due to abuse, neglect or abandonment;

(b) Enter the maltreatment type of abuse or neglect, as well as any other maltreatment type that indicates how the child is suspected to have died as a result of abuse, neglect or abandonment;

(c) Enter an additional report when a child died during the investigation of a report that initially alleged an abuse, neglect or abandonment incident that later resulted in the child’s death. If the reporter is repeating information already received in a previous call, a supplemental information report shall be entered. In all other cases, an initial report shall be entered.

(5) Whenever it appears that a child died as a result of abuse, neglect or abandonment, or when a child dies for reasons unrelated to abuse, neglect or abandonment during the course of an active child protective investigation, a child protective investigator (CPI) shall notify the regional child fatality prevention specialist and conduct a thorough investigation of the circumstances surrounding the death. The investigation shall consist of:

(a) Gathering all information necessary to determine whether the death was due to abuse, neglect or abandonment, including:

1. The child’s death certificate,

2. A copy of the medical examiner’s final report, if an autopsy was conducted,

3. A copy of any law enforcement investigation of the death,

4. All criminal history records and abuse, neglect or abandonment reports pertaining to the caretaker responsible for the child’s death; and,

5. All prior child protection records pertaining to the child and the caregiver responsible for the child’s death.

6. The results of any drug screens completed. The CPI will ask the alleged maltreating caregiver to voluntarily submit to a drug screen during the investigation of all child deaths related to inadequate supervision, unsafe sleep and drowning. This does not preclude the CPI asking the alleged maltreating caregiver for a drug screen during other investigations when substance misuse is suspected and may be a contributing cause to a child’s death. Exceptions to this requirement will be made when law enforcement has already obtained the drug screen.

(b) Reviewing information entered into FSFN for accuracy and completeness prior to closure. For the purposes of documenting the “Victim Seen” time in FSFN, the date and time of the professional collateral contact with medical staff or law enforcement personnel attesting to the child’s death shall suffice to record the “First Seen” date and time for the victim. Appropriate findings shall be entered for maltreatment.

(c) Ensuring that the automated investigative file clearly reflects the cause and circumstances surrounding the child’s death. The date of death and findings from the medical examiner and law enforcement (including the status of criminal prosecution, if applicable) shall be included in the automated investigative file to the extent that information is available prior to closing the report;

(d) Keeping the regional Child Fatality Prevention Specialist informed of significant developments during the investigation and ensuring that the specialist receives copies of all pertinent documentation, such as autopsy and law enforcement reports;

(e) Ensuring that the report is not closed until it has been reviewed by the regional Child Fatality Prevention Specialist and he or she has advised the supervisor that the death report has been approved for closure; and,

(f) Notifying the regional Child Fatality Prevention Specialist when a child dies during an open investigation in which there were no allegations of abuse or neglect.

(6) The Department or any contracted service provider shall cooperate with any law enforcement requests related to an investigation of the child’s death.

(7) Any Department employee, community-based care provider or sheriff’s department staff member providing child protection services shall cooperate with the Department of Children and Families, Critical Incident Rapid Response Team, and participate as needed on the Department of Health local Child Abuse Death Review team.

(8) The Department shall convene a Critical Incident Rapid Response Team when there is a child fatality that meets criteria in accordance with Section 39.2015, F.S. The regional Child Fatality Prevention Specialist shall conduct a case review on all child fatalities in which it is alleged that abuse, neglect or abandonment was or may have been a factor in the child’s death, and in situations where a child died while a participant on an active investigation or while receiving ongoing services without concerns of abuse, neglect or abandonment.

Rulemaking Authority 39.012, 39.0121(13) FS. Law Implemented 39.201(2)(a), 39.2015(1), (6), 39.301(9)(a), (11), (16), (17) FS. History–New 5-4-06, Amended 2-25-16, 1-9-17, 7-25-17.