1.10 Child Fatality Review

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(1) Administration

Policy Title:

Child Fatality Review

Policy Number:

1.10

Previous Policy Number(s):

N/A

Effective Date:

July 2020

Manual Transmittal:

2020-05

Codes/References

O.C.G.A. § 19-15-3 County Multiagency Child Fatality Review Committee
O.C.G.A. § 19-15-4 Georgia Child Fatality Review Panel
Child Abuse Prevention and Treatment Act (CAPTA)

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Partner with the local Child Fatality Review Committees (CFRC), and the State Child Fatality Review Panel to work collaboratively and share data to identify all Georgia children who suffered a death due to child maltreatment.

  2. Designate a representative from each county DFCS office to serve on the local CFRC.

  3. Participate in the CFRC by:

    1. Attending CFRC meetings

    2. Sharing requested data, including:

      1. Any DFCS involvement prior to the death, including the beginning and ending dates of service(s) and the kinds of services delivered, the reasons for initial DFCS involvement, and the reasons for any termination of DFCS involvement.

      2. Whether there have been any acts or reports of violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.

      3. Any information leading up to the child’s death and cause of death.

    3. Concluding whether services or agency activities delivered prior to the death were appropriate and whether the child’s death could have been prevented.

    4. Making recommendations for prevention of future deaths from similar incidents.

  4. Make an immediate report to the CPS Intake Communication Center (CICC) for each instance where the committee concludes that the death was due to maltreatment, but the case had not been previously reported to DFCS.

Procedures

County Director/Designee

  1. Appoint a representative to serve on the local CFRC.

    A CFRC representing a judicial circuit with more than one county will have more than one DFCS representative serving on the committee.

  2. Ensure that the DFCS representative attends each of the CFRC meetings.

    The CFRC meetings will occur within 30 days from the initial notification of the death to the CFRC.

  3. Ensure that the DFCS representative provides as much information as possible to the committee related to the circumstances surrounding the child’s death.

    Disclosure of protected health information to the CFRC related to child maltreatment is permitted under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.

CFRC DFCS Representative

  1. Attend each of the scheduled CFRC meetings.

  2. Actively participate in the CFRC.

  3. Share known information with the CFRC related to the circumstances surrounding a child’s death.

  4. Make an immediate report to the CPS Intake Communication Center (CICC) as outlined in policy 3.24 Intake: Mandated Reporters for each instance where the CFRC concludes that the child death was due to maltreatment, and the case had not been previously reported to DFCS. Provide as much information as possible to CICC related to the circumstances surrounding the death indicating maltreatment, including but not limited to:

    1. Autopsy reports (preliminary or final)

    2. Medical records

    3. Police reports

    4. Emergency Medical Services (EMS) reports

    5. Any other relevant information related to the areas of family functioning as outlined in policy 3.1 Intake: Receiving Intake Reports and 3.13 Intake: Intakes Involving Child Death, Near Fatality, or Serious Injury (CD/NF/SI).

  5. Share any new information or reports obtained on an active case with the assigned Social Services Case Manager and Social Services Supervisor.

Practice Guidance

The purpose of the CFRC is to review the causes and circumstances of a child’s death and make recommendations for prevention. The CFRC must consider the history of the child and the child’s family when making its determination. Each agency representative will contribute information on the known history of the child and the child’s family to support the committee’s determination as to the manner and cause of death, and if the death was preventable. Other agencies represented on the committee are:

  1. Local law enforcement

  2. The sheriff’s department or county police chief

  3. The district attorney for the circuit

  4. Juvenile court

  5. The county mental health organization

  6. The county public health department

  7. The county coroner or medical examiner

DFCS’ role on the CFRC is to inform the committee of any pertinent information known to DFCS regarding the child, the child’s family, and the circumstances of death. When a death is reviewed that was not previously known to DFCS, it is incumbent upon the DFCS representative make a report to CICC to ensure that no maltreatment-related fatalities go unreported.

Disclosure of protected health information related to child maltreatment is permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, because the CFRC is authorized to receive such reports. The CFRC shall be considered to be a law enforcement official within the meaning of the rules and regulations adopted under HIPAA.

Child Fatality Review Committees

In accordance with O.C.G.A.§ 19-15-3, the CFRC shall:

  1. Review all deaths of children ages birth through 17 years related to:

    1. Sudden Infant Death Syndrome

    2. Any unexpected or unexplained conditions

    3. Unintentional injuries

    4. Intentional injuries

    5. Sudden death when the child is in apparent good health

    6. Any manner that is suspicious or unusual

    7. Medical conditions when unattended by a physician

    8. Serving as an inmate of a state hospital or state, county or city penal institution or

    9. Child abuse

  2. Submit a copy of the CFR report within 15 days after it is completed to the district attorney of the county or circuit.

  3. Prepare an annual report which specifies:

    1. The number of child death notifications received from the county medical examiner or coroner during the prior year; and

    2. The number of CFR reports prepared by the committee during the prior year.

  4. Submit the annual report to the Georgia Child Fatality Review Panel and to the legal publication of the county.

Forms and Tools

The National Center for Fatality Review and Prevention