3.5 Intakes Involving Infants Born Alive

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(3) Intake

Policy Title:

Intakes Involving Infants Born Alive

Policy Number:

3.5

Previous Policy Number(s):

4.1

Effective Date:

August 2016

Manual Transmittal:

2016-08

Codes/References

Child Abuse and Prevention Treatment Act (CAPTA) and the Born-Alive Infants Protection Act of 2002

Requirements

The Division of Family and Children Services (DFCS) will receive intake reports of alleged child maltreatment involving infants that are born alive in which there is suspected medical neglect, including the withholding of medically indicated treatment from disabled infants with life threatening conditions.

Procedures

CPS Intake Communications Center Social Services Case Manager

  1. Complete the Intake Assessment information gathering process with the reporter as outlined in policy 3.1 Intake: Receiving Intake Reports.

  2. In addition to the areas of family functioning, collect the following information when the intake report involves an infant that is born alive in which there is suspected medical neglect, including the withholding of medically indicated treatment from disabled infants with life threatening conditions:

    1. What is the specific disability diagnosis of the infant?

    2. How the diagnosis impacts the infant’s prognosis?

    3. Description of the medically indicated treatment needed for the infant?

    4. A description of the caregiver’s reason for withholding medically indicated treatment.

    5. How quickly the medically indicated treatment needs to be initiated?

    6. Has the treating physician taken custody of the infant based on O.C.G.A. §15-11-131 Temporary Protective Custody by Physician Without Court Order (Terrell Peterson Act)? If so, also see policy 3.23 Intake:Special Circumstance Intakes Involving Temporary Protective Custody of a Child by Physician.

    7. What coordination of efforts is needed between DFCS and the medical provider?

  3. Screen case participants according to policy 19.9 Case Management: Safety Screenings.

  4. Assess all information gathered to make an intake decision according to policy 3.2 Intake: Make an Intake Decision.

Social Services Supervisor

  1. Evaluate and make an approval decision on the Intake Assessment as outlined in policy 3.2 Intake: Make an Intake Decision.

  2. Stage progress the Intake Assessment to the Initial Safety Assessment stage in Georgia SHINES.

  3. Assign to the County Department designee’s workload.

Practice Guidance

The CAPTA and the Born-Alive Infants Protection Act of 2002 requires that child welfare agencies respond to reports of medical neglect including the withholding of medically indicated treatment from disabled infants with life-threatening conditions, and applies to born-alive infants. The Act requires the following:

  1. Coordination and consultation with individuals designated by and within healthcare facilities with regard to responding to medical neglect.

  2. Prompt notification to CPS by the individuals designated within healthcare facilities of cases of suspected medical neglect.

  3. At a minimum, DFCS will pursue any legal remedies as may be necessary to provide medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child.

The Act gives DFCS the authority to pursue any legal remedies that may be necessary to prevent the withholding of medically indicated treatment from disabled infants with life threatening conditions.

Born-alive means the complete expulsion or extraction, at any stage of development, of a member of the homo-sapiens species from his or her mother who regardless of whether the umbilical cord has been cut, or whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section or induced abortion after such expulsion or extraction, possesses life.

Forms and Tools

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