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Child Fatalities/Near Fatalities Resulting From Abuse And/Or Neglect

In California, federal and state statutes govern the disclosure of information related to child fatalities or near fatalities that are the result of abuse and/or neglect. Federal law, the Child Abuse Prevention and Treatment Act (CAPTA), requires that states disclose to the public, findings or information about cases of child abuse and neglect that result in fatalities or near fatalities. Additionally, California Senate Bill (SB) 39  (Chapter 468, Statutes of 2007) set out the requirements for the county’s disclosure of child fatality information wherein there is a reasonable suspicion that the fatality was caused by abuse or neglect and when abuse or neglect has been determined to have led to a child’s death. Specifically, SB 39 requires the custodian of records for the child welfare agency to release specified information. The California Department of Social Services (CDSS) issued All County Letter (ACL) 08-13 , dated March 14, 2008, ACL 09-02 , dated March 19, 2009, and ACL 10-06  dated March 6, 2010, ACL 12-20, dated May 30, 2012, and ACL 15-81, dated November 1, 2015 to implement SB 39. The CDSS issued emergency regulations related to SB 39, effective January 1, 2009, which governed disclosure requirements for child fatalities that occurred on or after January 1, 2008. These regulations were adopted as final on November 10, 2009. These regulations and ACL 10-06, provide current guidance on the public disclosure of information in cases of child fatalities and near fatalities caused by abuse and/or neglect.

STATEMENTS OF FINDING AND INFORMATION (SOC 826) FORM

Welfare and Institutions Code (WIC) § 10850.4 (j) requires the county welfare department or agency to notify the CDSS of every child fatality that occurred within its jurisdiction that was the result of abuse or neglect. The mechanism for county child welfare agencies to notify CDSS of a child fatality that was the result of abuse and/or neglect is the SOC 826  form.

In addition, ACL 08-13, ACL 09-02, and ACL 10-06, requires the county child welfare agency to report all near fatalities that are a result of abuse and/or neglect to CDSS. Pursuant to ACL 08-13, the definition of a near fatality is a severe childhood injury or condition caused by abuse or neglect which results in the child receiving critical care for at least 24 hours following the child’s admission to a critical care unit(s). The mechanism for notifying CDSS of a child near fatality that is the result of abuse and/or neglect is also the SOC 826  form.

View the  Child Fatality Chart  for information regarding the number of fatalities/near fatalities that have been reported to and Reconciled  by CDSS. 

CHILD FATALITY REPORTING AND DISCLOSURE REQUIREMENTS

In accordance with WIC § 10850.4 (j) and Manual of Policies and Procedures (MPP), Division 31, section 31-502.12 and 31-502.122, the local child welfare agency is responsible for releasing to the public, upon request, the following information for cases of child fatalities wherein there is a reasonable suspicion that the fatality was caused by abuse or neglect: 

  • The age and gender of the child.
  • The date of death.
  • Whether the child was in foster care or in the home of his or her parent or guardian at the time of death.
  • Whether an investigation is being conducted by a law enforcement agency or the county child welfare agency. 

On July 1, 2015, the CDSS adopted amendments to the child fatality reporting and disclosure regulations to clarify the implementation of Senate Bill 39  (Migden, Chapter 468, Statutes of 2007). These regulations provide instructions regarding reporting by county child welfare agencies and public disclosure of findings and information. ACL 15-81, dated November 1, 2015, provides implementation guidance for the amended regulations. 

Welfare and Institutions Code § 10850.4(j) and MPP section 31-502.31 through 31-50237 , describe under what circumstances the county child welfare agency has a duty to disclose child fatality information, as well as the information and records the county child welfare agency is required to disclose when an agency, pursuant to Sections 31-502.13 through 31-502.16, makes the determination that abuse and/or neglect was the result of or contributed to a child’s death.  

The county child welfare agency shall disclose child fatality information when the child fatality was the result of abuse and/or neglect, or when abuse and/or neglect was a material contributing factor:

  • 31-502.31 – Abuse and/or neglect by a parent or guardian when the child was living with the parent or guardian.
  • 31-502.32 – Abuse and/or neglect by a person other than the parent or guardian when the child was living with the parent or guardian, and contributory neglect by the parent or guardian.
  • 31-502.33 – Abuse and/or neglect by a foster parent(s).
  • 31-502.34 – Abuse and/or neglect by a person other than the foster parent(s) when the child was living with the foster parent(s), and contributory by the foster parent(s).
  • 31-502.35 – Abuse and/or neglect by a person other than the parent, guardian, or foster parent(s), no contributory neglect by parent, guardian, or foster parent(s).
  • 31-502.36 – Abuse and/or neglect in non-residential child care.
  • 31-502.37 – Abuse and/or neglect by an unidentified when the child was living with the parent, guardian, or foster care provider.

County welfare agencies are only required to disclose information already in the child welfare case file. The child welfare agency is not required to seek additional information or obtain additional documents not in the case file for disclosure.

The regulations define a guardian; multiple causes of death and material contributing factors; cross-jurisdictional fatalities; and differing determinations of abuse and/or neglect.

An Adult Who is Considered a Guardian

  • Regulations have been adopted at MPP section 31-502.232(a), which clarify that a “guardian” includes a “putative parent or guardian.” A “putative parent or guardian” is an individual with whom the child resides and who routinely acts as the child’s parent or guardian.

Multiple Causes of Death and Material Contributing Factors

  • Prior to July 1, 2015, regulations stated that counties must disclose information when a child’s death was the “result of” abuse or neglect, meaning disclosure was triggered when abuse and/or neglect was the direct cause of the child’s fatality. MPP section 31-502.13 was revised to clarify that it is not necessary for abuse and/or neglect to be the sole or direct cause of the child’s death. Rather, in cases where there are multiple factors that resulted in a child fatality, it is only necessary to determine that abuse and/or neglect was a “material contributing factor” in the child’s death.
    • A “material contributing factor” is defined as a factor that is more than inconsequential or incidental, which contributed to the cause or causes of the child fatality.

Cross-Jurisdictional Fatalities

  • MPP section 31-502.122 and .26 clarifies reporting and disclosure responsibility when fatal maltreatment of a child occurs in one county and the child is transported to another county for medical treatment. If a county’s involvement with the child fatality was limited to the provision of medical services to the victim and/or the preparation and issuance of a coroner or medical examiner’s report, the CWS agency in the county where the abuse and/or neglect occurred shall report the fatality to CDSS on behalf of both counties.

Agencies Reach Differing Determinations of Abuse and/or Neglect

A determination that the fatality was the result of abuse and/or neglect exists when one of the following conditions is met:

  • A “determination” of abuse and/or neglect by Child Welfare Services or Probation is the substantiation of abuse and/or neglect allegations which resulted in the fatality; or
  • A law enforcement investigation concludes that the child’s death was a result of abuse and/or neglect; or
  • A corner/medical examiner concludes that the child’s death was a result of abuse and/or neglect.

In some cases, law enforcement, the coroner and/or CWS may reach differing conclusions when determining the cause of a child fatality. When any one or more of the three agencies determine or substantiate abuse and/or neglect as resulting in or being a material contributing factor to a child’s death, information must be reported to CDSS and disclosed pursuant to MPP section 31-502.3, even if one or both of the other agencies have not reached that same determination.

Requests for information related to such child fatalities should be directed to the local county child welfare agency.

The CDSS will release SOC 826 forms related to child fatalities that are determined to be the result of abuse and/or neglect pursuant to WIC § 10850.4 and Government Code §§ 6250 et seq. which governs California’s Public Records Act (PRA). The SOC 826 form is the Statement of Findings and Information related to a child fatality determined to be the result of abuse and/or neglect that is released by CDSS. View the CDSS’ public records policy . 

CHILD NEAR FATALITY DISCLOSURE REQUIREMENTS

All County Letters 08-13, ACL 09-02, and ACL 10-06 identified CDSS as the responsible entity for responding to public requests for Statements of Findings and Information (SOC 826 forms) submitted by counties for near fatalities that are found to be the result of abuse or neglect. The SOC 826 form is the information related to a child near fatality determined to be the result of abuse and/or neglect that is released by CDSS. View the CDSS’ public records policy . 

Contact
California Department of Social Services
744 P Street, MS 8-12-90
Sacramento, CA 95814
Phone: (916) 651-8100
Email: ChildFatality@dss.ca.gov  

RESOURCES

Federal Child Abuse Prevention and Treatment Act (CAPTA) Statute

(WIC) § 10850.4

SB 39 (Chapter 468, Statutes of 2007)

SB 39 Regulations (Manual of Policies and Procedures Section 31-502)

ACIN I-45-12

ACIN 1-09-11

ACIN 1-85-10

ACL 15-81

ACL 12-20

ACL 10-06

ACL 09-02

ACL 08-13

CHILD FATALITY/NEAR FATALITY DATA

California Child Fatality and Near Fatality Annual Report: Calendar Year 2008  |  Calendar Year 2009  | Calendar Year 2010 | Calendar Year 2011

ANNUAL PROGRESS AND SERVICES REPORTS