4.15.1 Special Investigative and Reporting Procedures

4.15 Child Death Protocol

The following procedures are to be implemented in all instances where a child is alleged to have died from either abuse or neglect.

• The "01/51 death allegation" will be coded on the CANTS 1 via SCR
• The 51death allegation is used when the child died allegedly because of the "blatant disregard" of the parent or caretaker in his/her responsibility to protect the child. (Blatant disregard is defined as incidents where the risk of harm to the child was so imminent and apparent that it is unlikely that a parent or caretaker would have exposed the child to such obvious danger without exercising precautionary measures to protect the child from harm.)
• SCR should ensure that the Director's Office shall be informed of all deaths occurring as a result of alleged abuse or neglect

NOTE: These notifications will occur the day of receipt of the report or the next working day of the report is received after hours or on a weekend.

• The Regional Administrator and/or DCP Manager is responsible for coordinating all information gathered from the field to the Director's Office and to Communications. This information is disseminated through:
• Unusual Incident Reporting (UIR) format will be utilized when transmitting information, by phone, to the Director's Office. The information contained in the UIR includes case information data, Mars/CYCIS number, involved child identifying information and summary of incident. (Refer to Procedures 331, Unusual Incidents)

• Morning Report will be completed within 24-hours and will include Background information on alleged perpetrator and victim, historical data-DCFS prior involvement, possible prior criminal history, summary of incident surrounding the child's death and if any attempts by media to contact the worker or supervisor concerning this occurring incident.
• Chronology, which is a day-by-day, time/day analysis summary of investigative involvement and all contacts. The chronology shall be sent within 72 hours of the team's receipt of the death report to:

• Executive Deputy Director or designee
• The appropriate Field Services Manager and DCP Manager
• The Child Protection Quality Control Unit
• Investigative Worker

4.15.1 Special Investigative and Reporting Procedures

The following subsections describe the actions to be taken depending on whether or not there was DCFS involvement prior to the death of the child.

• No Prior DCFS Involvement: This section applies to situations where the Department receives a report alleging that a child has died as the result of abuse or neglect and the SCR and local data checks reveal that the Department has had no prior involvement with any of the subjects of the report. If there are no other children in the home, the investigation may be delegated to a law enforcement agency.
• Prior CA/N Investigations: This section applies to situations where the alleged child victim was the subject (involved or non-involved) of a prior, completed CA/N investigation and the child's death has been reported as resulting from suspected abuse or neglect. The following shall apply:

• Different CPSW
  The investigative worker who is assigned to investigate the child's death shall be a person who has not conducted prior CA/N investigations involving the deceased child, the child's family or the alleged perpetrator.
• Child Protection Supervisor's Analysis of Prior Investigative Involvement
  The Child Protection Supervisor whose investigative team has responsibility for the prior CA/N investigations shall review the Local Index Files of the prior, completed investigations. This analysis is due within 72 hours of receipt of the death report and is to be sent to: the DCP Manager, the DCP Associate Deputy Director and the DCP Deputy Director.
• The investigative worker assigned to investigate the child's death shall contact the coroner or medical examiner's office and request a copy of the autopsy report. This request shall be documented on a CANTS 17A, which shall be placed in the CA/N Investigative File. If the autopsy report is received prior to the completion of the investigation, it shall be placed in the CA/N Investigative File.

• Pending Investigation: This section applies to situations where there is a current, Pending, CA/N investigation with no DEATH allegation, and a child subject (involved or non-involved) dies during the course of the investigation.
• Add the Death Allegation: If it is suspected that the child's death resulted from the abuse or neglect currently under investigation, the investigative worker shall add the allegation of DEATH (#1 or #51) to the current report and investigation if the death is related to the pending report. If the death is not related to the current report, a Subsequent Oral Report (SOR) must be filled.
• Notify SCR and Other Authorities: If it is suspected that the child's death resulted from abuse or neglect, the investigative worker shall notify the following authorities:

• SCR-via telephone or telecopier within one hour of learning of the child's death, or as soon as possible after assuring the safety of the other children in the home.
• Law Enforcement-via telephone within one hour of learning of the child's death, or as soon as possible after assuring the safety of the other children in the home.
• State's Attorney-via telephone, immediately during regular business hours; next business day if the death occurred or was reported after hours.
• Coroner Medical Examiner-via telephone, immediately during regular business hours or the next business day if the death occurred or was reported after hours.
• All appropriate DCFS personnel as noted in the prior notification requirements for death reports.

All information about the circumstances related to the death of the child shall be shared with the above authorities. The telephone notification to the above authorities shall be documented on the CANTS 17A that shall be placed in the CA/N Investigative File. The telephone notification to law enforcement, the State's Attorney, and the Coroner or Medical Examiner shall be confirmed in writing within 48-hours of the telephone notification. A copy of all written confirmations shall be placed in the CA/N Investigative File.

• Current or Prior Open Service Case: When a child's death is attributed to CA/N and there is or was a prior open service case, the investigative worker must contact the current or past CWS worker within one working day to obtain pertinent information. The follow-up worker will ensure that a chronology of follow up involvement is completed within 24-hours of the death report being taken. The CPSW shall follow these procedures after all initial notification have been made:

• contact reporter, source, OPWI
• do all necessary data and leads check
• make a home visit
• interview all household members
• develop a safety plan for siblings and other children in the household that includes, unless specifically ruled out, the separation of the alleged perpetrator from the surviving children.

NOTE: CANTS and LEAD check(s) are to be completed on any person(s) who will be providing care for the children.

• Follow formal investigative procedures for the allegation.
• Once an investigation has been completed by the CPSW and approved by the investigative supervisor, it will be forwarded to the DCP Manager for review and approval.
• If the CA/N investigation has been approved, the DCP Manager will contact the Local Death Review Team so that the case can be reviewed within 90-days of the final finding date.
• Once the investigation has been approved by the DCP Manager, a copy of the CANTS 2 and a complete copy of the Investigative file must be forwarded to SCR. Failure to include a copy of the file will result in SCR denying the file.
• If there was prior CWS involvement a copy of the indicated investigation will also be forwarded to the Regional Administrator.
• Before processing the CANTS 2, SCR monitoring staff will review the file for required documentation. If the file is not complete it will be returned to the local investigative unit and the DCP Manager will be notified of the denial.

4.15.1 Special Investigative and Reporting Procedures