016-15-13 Ark. Code R. § 8

Current through Register Vol. 49, No. 6, June, 2024

Rule 016.15.13-008 - POLICY IX-B (AND RELATED PROCEDURES): Child Near Fatality and Fatality; POLICY IX-C: Incident Reporting; CFS-307: Child Fatality Disclosure Case Briefing Summary; CFS-329: Child Death Notification

Although an infrequent occurrence, near fatalities and fatalities of children who are receiving services or who have recently received services from the Division do occur. Fatalities may occur due to an illness or other medical condition, as a result of child neglect or abuse, or because of a non-child maltreatment related. accident. Regardless of the cause of a near fatality or fatality, these events are extremely traumatic for the family of the child, the foster family (if applicable), Division staff, and service providers. Division staff will be supportive and helpful to those who have had a meaningful and/or legal relationship with the child including relatives and foster parents. Division management and leadership will recognize the importance of appropriately supporting staff who worked directly with the child and encourage those staff members ,to seek appropriate, individualized services as needed.

Pursuant to A.C.A. § 12-18-103 a near fatality (also referred to in DHS Policy 1090 as a serious injury) means an act that, as certified by a physician, places a child in serious or critical condition. As such, the Division will rely on the involved medical facility's designation of the child's condition in determining if a particular incident meets the criteria of near fatality as defined by law.

The Division of Children and Family Services County Office will immediately (within one hour) notify the appropriate Area Director or designee and the Assistant Director of Community Services or designee and initiate action to ensure the safety of other children in the home when DCFS becomes aware of a child near fatality or fatality that may be the result of maltreatment and:

A.The child or sibling of the child was a subject of a pending child maltreatment investigation or a child maltreatment investigation within the preceding 12 months.

B.The child or sibling of the child is a client in any open supportive or protective services or out-of-home case.

C.The child or sibling of the child was a client in a supportive, protective services, or out-of-home case during the previous 12 months.

The Assistant Director of Community Services will immediately (within one hour) notify the Division Director who will notify the DHS Deputy Director and the DHS Director of Communications.

As such,the Division will not automatically issue press releases on cases of child near fatality orfatality related to maltreatment but will respond to requests for information as they are received in consultation with the DHS Director of Communications.

The county office will also immediately (within one hour) notify the appropriate Area Director or designee .and the Assistant Director of Community Services or designee of any near fatalities and fatalities involving children with open investigations or any type of active case even if the cause of the near fatality or fatality is not related to maltreatment or suspected maltreatment. The Division will not automatically issue press releases on cases of child near fatality or fatality unrelated to child maltreatment but will respond to requests for information as they are received in consultation with the DHS Director of Communications.

The Division will ensure that DHS Policy 1090 adhered to regarding all near fatalities and fatalities.

The Division will respectfully assist and support the parents in making funeral arrangements or take other *

actions deemed necessary by the Area Director.

Because quality improvement and accountability guides the work of DCFS, an internal team of DCFS staff will meet following a child fatality related to child maltreatment to review the case and identify where practice could have been improved in that particular case in an effort to prevent future child fatalities and near fatalities. Information regarding child fatalities will also be entered into the National Child Death Review Case Reporting System (NCDRCRS). Any child fatality meeting the criteria for an external review based on the information entered into the NCDRCRS. will be reviewed by the Arkansas Child Death Review Panel. These external reviews will provide the, Division and other stakeholders involved with, child serving systems with an additional opportunity to collaboratively review the facts surrounding the fatality, and determine recommendations to improve practice and work together as a system to prevent future child fatalities and near fatalities.

PROCEDURE IX-B1: Near Fatality of Child*

08/2013

In the case of a child near-fatality the county office will:

A..Report maltreatment or any suspected maltreatment to the Child Abuse Hotline immediately.,*

B.Immediately (within 24 hours or as required by the Director) prepareCFS-305: Near Fatality Disclosure Case Briefing Summary, on the situation that caused the near_;fatality and fax or email it to the CPS Manager who will forward it to the following entities:

1)Appropriate Area Director*

2).Office of Community Services

3).Quality Assurance Unit,

C..Ensure the completion of CFS-306: Documentation of Child's Medical Episode Related to Near Fatality by the child's attending physician or other attending medical personnel who treated the child during the child's medical episode.

D.Fax or email the completed CFS-306: Documentation of Child's Medical Episode Related to Near Fatality to the CPS Manager within 72 hours of the near fatality.

E..Place a copy of the CFS-306 in the child's record..

The CPS Manager will:

A. Re quest updated information from the counties as needed. '

------Schedule, a meeting with DCFS staff to ascertain information involving facts surrounding the near_,fatality if needed,. The meeting will include the following:

B.___ [LESS THAN]?

1)FSW

2)County Supervisor/Investigative Supervisor -Area Director

4)Assistant Director of Community Services or designee

5)DCFS Director

6) Appropriate staff as needed

C.Review the CFS-306,: Documentation of Child's Medical Episode Related to Near Fatality.,_______________*\

D.Complete and transmit the DHS Incident Reporting Screen data fields in IRIS within 72 hours of the occurrence of the incident (completion of DHS-1910 is only required in the absence of computer transmission capability).

The Quality Assurance Unit will:

A. .Enter information regarding near fatalities related to maltreatment on the .Child Fatality /Near Fatality Disclosure Log.

PROCEDURE IX-B2: Disclosure of Information on Near Fatalities

08/2013

PENDING

Upon request, the Division shall release the following information .via the DHS Director of Communications to the general public when an investigation is pending on a report of a near_fatality of a child to the Child Abuse Hotline:

A. Age, race, and gender of the child

B. Date of the child's near_fatality

C. Allegations or preliminary cause of the near_fatality

D. County and type of placement of the child at the time of incident leading to the near-fatality

E. Generic relationship of the alleged offender to child

F. Agency conducting the investigation

G. Legal action taken by the department

H. Services offered or provided by the department presently and in the past

TRUE REPORTS

Upon request, the Department of Human Services shall release the following information via the DHS Director of Communications to the general public when the investigative determination is true on a report of a near_fatality of a child:

A. A non-identifying summary of any previous child maltreatment investigations;

B. A non-identifying summary of the current child maltreatment investigation, including:

1) The nature and extent of the child's present and past injuries; and,

2) Medical information pertaining to the incident;

C. Information about criminal charges, if known; and,

D. Any action taken by the department or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action.

UNSUBSTANTIATED REPORTS

Upon request the Department of Human Services shall release the following information via the DHS Director of Communications to the general public when the investigative determination is unsubstantiated on a report of a near fatality of a child:

A.A non-identifying summary of any previous child maltreatment investigations;

B.A non-identifying summary of the current child maltreatment investigation;*

C.Information about criminal charges, if known; and,

D.Any action taken by the department or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action.

INFORMATION NOT TO BE RELEASED

Concerning the near_fatality of a child, the Department of Human Services shall not release:

A. Information on siblings of the child;

B. Attorney-client communications; or,

C. Any information if release of such information would jeopardize a criminal investigation.

PROCEDURE IX-B3: Child Fatality Notification

08/2013

In the case of a fatality of a child the county office will:

A.Immediately notify the Area Director by phone.__________________________________________________*

B.Report maltreatment or any suspected maltreatment to the Child Abuse Hotline immediately.,

C.Immediately (within 24 hours or as required by the DCFS Director) complete .CFS-307: Child Fatality Disclosure Case Briefing Summary and ,CFS-308: Child Fatality Review Packet Checklist and,forward the CFS-307,and CFS-308 and all required documents listed on CFS-308to the CPS Manager.

D..Place copies of CFS-307 and CFS-308 in the child's record.___________________________________________

E.If the child fatality is a result of a prior near fatality event, ensure the completion of CFS-305-A: Documentation of Near Fatality Subsequently Resulting in Fatality by the child's attending physician or other attending medical personnel who treated the child during the child's medical episode.

F.Fax or email the completed CFS-305-A: Documentation of Original Near Fatality Subsequently Resulting in Fatality to the CPS Manager within 72 hours of the fatality, if applicable.

G.Place a copy of the CFS-305-A in the child's record, if applicable.

The Area Director or designee will:

A.Notify the Assistant Director of Community Services or designee,immediately by phone._________________

B.Ensure employee immediately (within 24 hours or as required by DCFS Director) completes and forwards completed CFS-307: Child Fatality Disclosure Case Briefing Summary and CFS-308: Child Fatality Review Packet Checklist and forwards the CFS-307 and CFS-308 and all required documents listed on CFS-308 to the CPS Manager.____________________________________________________________________________

C.Complete CFS-309: Child Fatality Internal Review Staffing within 72 hours (or the next business day if on a weekend or holiday) of the fatality, and fax or email to the CPS Manager.______________________________

D.Expeditiously provide all other information requested by .CPS Manager._______________________________

.The Assistant Director of Community Services or designee .will:______________________________________________

A.Notify the DHS Director of Communications by phone within one hour of occurrence if the incident is expected to receive media attention.

B.Discuss relevant details of the case with the DHS Director of Communications to determine the type of information that will be released to the media. Pertinent information that can be released will include disclosable information as provided by the DHS Disclosure Policy (DHS Policy Group 4009).

a. Any information concerning siblings or attorney-client communications will not be released., %

C.Remain in direct contact with appropriate field personnel in order to develop a clear understanding of the circumstances surrounding the incident.

The CPS Manager will:

A.Review CFS-307: Child Fatality Disclosure Case Briefing Summary and CFS-308: Child Fatality Reviews-Packet Checklist and all required documents listed on CFS-308.

B..Forward the.CFS-307: Child Fatality Disclosure Case Briefing Summary to.:_____________________________

1)Assistant Director of Community Services or designee

2)DCFS Director

3)DHS Director of Communications

4)DHS Deputy Director over DCFS,

C..Schedule an Internal Fatality Review meeting with DCFS staff within 72 hours of the fatality, in order to ascertain to the facts surrounding the child's death. The meeting will include :

________________________________________________________________________________

1)FSW

2)CACD Investigator

3)County Supervisor/Investigative Supervisor

4)CACD Supervisor

Area Director____________________________________________________________________________

6) Any other needed staff as appropriate

D..Review CFS-309: Child Fatality Internal Review Staffing in preparation for the Internal Fatality Review..

E.,Enter,information regarding the fatality on the .Child Death Log._____________________________________

F.Enter information into the online National Child Death Review Case Reporting System.,

G.Complete and transmit the DHS Incident Reporting Screen data fields in IRIS within 72 hours of the occurrence of the incident (completion of DHS-1910 is only required in the absence of computer transmission capability).

H.,Serve as the point of contact for follow-up and subsequent briefings of the Assistant Director Division Director, and DHS Deputy Director.______________________________________________________

The Quality Assurance Unit will:

A. Enter information regarding fatalities related to maltreatment on the Child Fatality /Near Fatality Disclosure Log.

The Crimes Against Children Division will:

A.Investigate child maltreatment allegations according to established procedures.

B..If safety factors are identified, .immediately contact DCFS to conduct the remaining components of the Health and Safety Assessment (Safety Planning and Investigation Risk Assessment) as appropriate.

1) ,DCFS will then be assigned as the secondary investigator on that particular investigation,.________A

C.Coordinate with law enforcement and relinquish their case to them if the possibility of criminal charges is involved and law enforcement prefers to assume responsibility.

D.Initiate needed affidavits for legal action.

E.Keep the county office advised of the status of the investigation, including initial notification when appropriate.

F.Share all information with the parents, offender and victim.

The Family Service Worker will:

A..If CACD contacted DCFS to conduct the remaining components of the Health and Safety Assessment (Safety Planning and Investigation Risk Assessment), immediately ascertain the safety of other children remaining ,under the care of the alleged offender ,and develop a protection plan or pursue protective custody as appropriate.

B.Provide any services to the family as needed.

C.Share all information about prior contacts with the family with agency staff and law enforcement who are-investigating the case.

PROCEDURE IX-B44: Disclosure of Information on Fatalities

078/201309

PENDING | Upon request, the Division shall release the following information ,via the DHS Director of Communications to the general public when an investigation is pending on a report of a fatality of a child to the Child Abuse Hotline:

A. Age, race, and gender of the child

B. Date of the child's death

C. Allegations or preliminary cause of death

| D. County and.type of placement of the child at the time of incident leading to the child's death_____________

E. Generic relationship of the alleged offenderto child

F. Agency conducting the investigation

G. Legal action taken by the department

H. Services offered or provided by the department ,presentlvt[GREATER THAN]ew and in the past_________________________

I. Name of the child

TRUE I REPORTS

A-. -A summary of previous child maltreatment investigations, but s

A. Ii iiiihe disclosure shall not include the name of the loffender(s) il iiiiiiill

B.A summary of the current child maltreatment investigation including:

1)The nature and extent of the child's present and past injuries; **

2)Medical information pertaining to the death: and,

3)The name of the offender if due process has been satisfied orthe offender has been arrested.

J4C. All.relevant risk and safety assessments completed on the child:____________________________________*

C.All relevant risk and safety assessments completed on the child;

C. Information about criminal charges, if known: and,

D. Any action taken by the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action.

________________________________

-____________________________________

___________________________________________________

.UNSUBSTANTIATED REPORTS__________________________________________________________________________

,Upon request, the Department of Human Services shall release the following information via the DHS Director of Communications ,to the general public when the investigative determination is an unsubstantiated report of a fatality of a child:

A.A summary of previous child maltreatment investigations, but the disclosure shall not include the name of the alleged offender(s);_______________________________________________________________________

B.A summary of the current child maltreatment investigation including medical information pertaining to the death, however, the name of the alleged offender shall not be disclosed;

C.All relevant risk and safety assessments completed on the child;__________

D..Information about criminal charges, if known; and,.________________________________________________

E.Any action taken by the Department of Human Services or the Crimes Against Children Division of the Department of Arkansas State Police, including personnel action and licensing action.

INFORMATION NOT TO BE RELEASED

Concerning the fatality of a child, the Department of Human Services shall not release:

A. Information on siblings of the child

B. Attorney-client communications

C. Any information if release of such information would jeopardize a criminal investigation

PROCEDURE IX-B5: Arkansas Child Death Review Panel

08/2013

,Based on the information entered in the online National Child Death Review Case Reporting System, any child / fatality cases meeting the criteria for review by the Arkansas Child Death Review Panel,,will be assigned to the,local/ child fatality review teams for review and recommendations. .Division staff will cooperate as appropriate to provide / all needed information to the local child fatality review teams.______________________________________________

I PROCEDURE IX-B6: Guidelines for Funeral Arrangements for Children in Out-of-Home Placement

I 08/2013

The Family Service Worker will:

A. Notify the County Supervisor in the child's initiating county and the parent's resident county. The County Supervisor will then obtain the Area Director's approval to make initial funeral arrangements.

B. Assist parents with funeral arrangements, considering the religious and cultural beliefs of the family, and finances as deemed appropriate and meet with funeral homes to obtain cost estimates.

1)A local Funeral Director will be used.*- Allowable expenses include customary costs such as a casket, grave opening, flowers,

appropriate clothing, and a reasonably-priced grave marker.

2)J_________________________________________________________________________________________________

Gt3) Prior approval from the DCFS Director will be received .before contracting for final arrangements. C. Upon approval from the DCFS Director make the funeral arrangements with the help of the foster parents if the Division has guardianship or the parents are unable to assume this responsibility.

D. Pay expenses by routing the CFS-334: Foster Care Authorization for Billing if child has savings, use a DHS Requisition obtained through the DHS-1914 process or a state Purchasing Card.

.«-

A_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

POLICY IX-C: Incident Reporting

08/2013

The health and safety of all DCFS clients, employees, and volunteers is of the utmost importance. All DCFS employees must report an incident that may affect the health and safety of DCFS clients, employees, volunteers, and others on DHS premises or while receiving DCFS services as well as occurrences that interrupt or prevent the delivery of services. Incidents include (for information specific to child near fatalities and fatalities see Policy XI-B and related procedures for more information):

A. A significant injury (an injury that request the attention of an Emergency Medical Technician (EMT), a paramedic, or a physician) to, or death of a person:

1) At a DHS office, institution, or facility

2) Employed by DHS while on duty

3) Caused or done by an on-duty DHS employee

B. A serious injury (an injury that may cause death or which is likely to result in substantial permanent impairment) to a person:

1) At a DHS office, institution, or facility

2) Employed by DHS while on duty

C. Threatened or attempted suicide of a person in DHS custody

D. The arrest or conviction of:

1) A person in DHS custody

2) A DHS employee while on duty for any job-related action

E. Any situation where the location of any person in DHS custody is unknown and cannot be determined within two hours

F. Any crime committed at a DHS office, institution, or facility

G. Maltreatment or abuse that jeopardizes the health or quality of life of any person:

1) In DHS custody

2) Who was named as the victim of alleged maltreatment or abuse reported within the previous 90 days

H. Disturbances involving a person:

1) In DHS custody

2) At a DHS office, institution, or facility

3) Employed by DHS while on duty

I. Property destruction which results in the loss of:

1) State property exceeding $100.00 in value

2) Destruction of any significant property of others

J. Any communicable disease resulting in a quarantine or closing of a DHS facility

K. Any condition or event that prevents the delivery of DHS services for more than two hours (e.g.,

interruption in phone service or the inability to fully occupy a DHS office, facility or, institution due to

fire, flood, or other disaster.

1) No report is necessary if the office is closed by Governor's Proclamation.

For full information regarding Incident Reporting, please refer to DHS Administrative Policy 1090.

PROCEDURE IX-C1: Incident Reporting

08/2013

The DCFS Employee will:

A. Immediately report the incident by phone to:

1) County Supervisor

2) Area Director

B. Complete and transmit the DHS Incident Reporting Screen data fields in IRIS no later than the end of the second business day following the incident (see DHS Policy 1090).

C. Submit a follow-up or final IRIS report if information submitted in the initial report is incomplete.

The Area Director will:

A. Immediately notify the Assistant Director or designee of the incident by phone.

The Assistant Director or designee will:

A. Notify the DCFS Director of the incident as appropriate.

ARKANSAS DEPARTMENT OF HUMAN SERVICES

Division of Children and Family Services

Mi Child Fatality Disclosure Case Briefing Summary

Case Name:_______________________________ Case ID#____________________

County:_________________________________

Name of Deceased Child:______________________________

DOB:_____________ Date of Incident:______________ DOD:___________

Race of Child:____________________Gender of Child:____________________

Placement of child at time of incident:____________________________________________

Allegations or preliminary cause of incident:

Relationship of alleged offender to the child:_______________________________________

Legal Action by DCFS at time of incident?_________________________________________

Agency Conducting the Investigation:_____________________________________________

Information on Current Open Case:

Ops EHfC OSSDate Opened:__________________

Reason Case was opened:

Most Recent Services Provided (Last 12 Months) Attach a summary

Dates and Purpose of Family Contact (Last 12 Months) Attach a summary

Prior Cases:

PS FC SSDate Opened: ___________Date Closed: ___________

Reason for Closure ____________________________________________________

PS FC SSDate Opened: ___________Date Closed: ___________

Reason for Closure ____________________________________________________

PS FC SSDate Opened: ___________Date Closed: ___________

Reason for Closure ____________________________________________________

Summary of Prior Investigations:

Date, Investigator's Name and Phone #, Allegation, Finding, ____________________________________________________

Primary Worker ______________________________________________

Supervisor ______________________________________________

Were there any other children in the home? Yes NO

Number __________

Were they removed? Yes NO

Date of removal: __________

Grief Services provided to other children in the home? Yes No By whom? _____________________________________

Family Members:

Name, DOB, Relationship _______________________________________________________________

Medical History and Services (Last 12 Months) Attach Summary

Mental Health History (Last 12 Months)\ Attach summary

Medications Attach list

Police Report -What LLE agency is involved? Attach info with contact info

016.15.13 Ark. Code R. § 008

7/15/2013