Current through Reg. 50, No. 187; September 24, 2024
(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.
New 5-4-06, Amended 2-25-16, 1-9-17,
7-25-17.
