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2330 The Death of a Child

SWI Policy and Procedures March 2015

The intake worker is required to consult (staff) all child death reports with an intake supervisor, worker V, or acting supervisor. These consultations are required even when the child’s death occurred in the past, the information is vague, or all that is known is that a child died.

See:

4420 Child Death Reports Under CPS Jurisdiction

5260 A Child’s Death in a CCL Operation

It is essential that intake specialists conduct thorough interviews when a child’s death is reported, even if the death appeared to be accidental.

2331 Death of a Child Reported by Law Enforcement

SWI Policy and Procedures March 2015

See 4422 Death of a Child Reported by Law Enforcement.

2332 A Child’s Death While in CPS Conservatorship

SWI Policy and Procedures March 2015

Children who are in CPS conservatorship often reside in foster homes or residential child care facilities. However, children in CPS conservatorship also may reside in a number of other types of placements, including in their own homes, with relatives, in detention facilities, or in nursing homes.

2332.1 Notifying the Local CPS Office of the Death of a Child in CPS Conservatorship

SWI Policy and Procedures March 2015

Regardless of which agency or DFPS program has the jurisdiction to investigate, SWI notifies the CPS county that has conservatorship of the child that has died.

When an I&R to an open CPS case is completed, it is not necessary to call out the information when the local office is open unless an emergency response is needed. After hours, SWI must call out the information to the on-call CPS worker.

2332.2 Death of a Child in CPS Conservatorship Report for CPS

SWI Policy and Procedures March 2015

When a child in CPS conservatorship dies, regardless of the circumstances of the death, the intake specialist completes a CPS P1 intake if:

  •   the child lived in a relative or kinship placement;

  •   the child lived in the child’s own home;

  •   the child was on runaway status and the child is not listed as being a resident of a licensed placement; or

  •   the child died while hospitalized in a medical facility and the IMPACT placement log lists the hospital as the child’s placement.

If the county of conservatorship is different from the county that is responsible for the investigation, an I&R to the CPS open sub care case is also generated.

Even when the death is clearly not attributable to abuse or neglect, a P1 intake is completed. The allegation most applicable to the situation is selected. If there is no abuse or neglect alleged, no perpetrator is listed on the Person List.

2332.3 Death of a Child in CPS Conservatorship Report for RCCL

SWI Policy and Procedures March 2015

When a child in CPS conservatorship dies in an RCCL licensed home or facility, the intake specialist completes an RCCL P1 intake regardless of how the death occurred.

If the child was on runaway status or was in the hospital at the time of death, but was still listed in IMPACT as being a resident of a RCCL licensed placement, a RCCL intake is completed.

The intake is processed following standard procedures. See 5464 RCCL Assignment and Call Out.

An I&R to the open CPS sub care case is also generated.

Even when the death is clearly not attributable to abuse or neglect, a P1 intake is completed. The allegation most applicable to the situation is selected. If there is no abuse or neglect alleged, no perpetrator is listed on the Person List.

2332.4 Death of a Child in CPS Conservatorship Report for DCL

SWI Policy and Procedures March 2015

When a child in CPS conservatorship dies in a DCL licensed home or facility, the intake specialist completes a DCL P1 intake regardless of how the death occurred.

The intake is processed following standard procedures. See 5464 RCCL Assignment and Call Out.

An I&R to the open CPS sub care case is also generated.

Even when the death is clearly not attributable to abuse or neglect, a P1 intake is completed. The allegation most applicable to the situation is selected. If there is no abuse or neglect alleged, no perpetrator is listed on the Person List.

2332.5 Death of a Child in CPS Conservatorship in a Facility Under the Jurisdiction of APS Facility Investigations

SWI Policy and Procedures March 2015

Death is Unexplained or the Result of Abuse or Neglect

The intake specialist completes an APS Facility Investigations P1 intake when a child who is in CPS conservatorship dies in a facility that APS Facility Investigations has jurisdiction to investigate, and the death:

  •   appears to be a result of abuse or neglect; or

  •   the cause of death is unexplained.

The intake specialist follows standard processing procedures.

Death is a Result of Natural Causes

If the death is a result of natural causes, and there are no allegations of abuse or neglect, the intake specialist refers the reporter to both the administration of the facility and to the appropriate law enforcement agency. The intake specialist completes an I&R to inform APS Facility Investigations of the child death and to follow standard processing procedures.

IMPACT Procedures

In both situations, the intake specialist uses the New Using function of IMPACT and also completes:

  •   an I&R to the open CPS case and follows standard processing procedures. For call out, see 4481 Situations That Always Require an “I&R Call Regarding Existing CPS Case”; and

  •   an I&R to the law enforcement agency with jurisdiction and follows the procedure for I&R type Non-DFPS Criminal Matter Referred to Law Enforcement. See 3630 I&R Assigned to Support Staff.

2332.6 Death of a Child in CPS Conservatorship in a Texas Juvenile Justice Department (TJJD) Placement

SWI Policy and Procedures March 2015

When a child who is in CPS conservatorship dies in a Texas Juvenile Justice Department (TJJD) placement, the intake specialist refers the reporter to the administration of the TJJD facility and to the appropriate law enforcement agency that has jurisdiction.

The intake specialist utilizes the New Using function of IMPACT and completes:

  •   an I&R to the open CPS case and follows standard processing procedures. For call out, see 4481 Situations That Always Require an “I&R Call Regarding Existing CPS Case”;

  •   an I&R to the law enforcement agency with jurisdiction and follows the procedure for I&R type Non-DFPS Criminal Matter Referred to Law Enforcement. See 3630 I&R Assigned to Support Staff; and

  •   an I&R to TJJD and follows the procedures for processing I&Rs for other state and social service agencies. See 3631 I&Rs For Another Texas State Agency, Out-of State Agency, or Law Enforcement Agency.

2332.7 Death of a Child in CPS Conservatorship in a Nursing Home

SWI Policy and Procedures May 2017

The reporter is referred to DADS and to the appropriate law enforcement agency that has jurisdiction when a child in CPS conservatorship dies in a nursing home.

The intake specialist uses the New Using function of IMPACT and completes:

  •   an I&R to the open CPS case and follows standard processing procedures. For call out, see 4481 Situations That Always Require an "I&R Call Regarding Existing CPS Case";

  •   an I&R to the law enforcement agency with jurisdiction and follows the procedure for I&R type Non-DFPS Criminal Matter Referred to Law Enforcement. See 3630 I&R Assigned to Support Staff; and

  •   an I&R to DADS and follows the procedures for processing I&Rs for other state and social service agencies. See 3631 I&Rs For Another Texas State Agency, Out-of State Agency, or Law Enforcement Agency.

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