Child Fatality Review Team - PowerPoint Presentation

Slide1

Child Fatality Review

TeamSlide2

What is it

?

A multi-disciplinary team

organized,

pursuant to IC 16-49-1-1 et. seq

.,

to review deaths of children

under

18 years of age that are sudden, unexpected, unexplained or requested by DCS or the coroner to determine why children die and how to prevent their deaths. Slide3

How is it formed?

By a committee consisting

of a

rep of the

prosecuting attorney

, the

coroner

, the

health dept

. or a hospital, DCS and

law

enforcement.

Can be a county or a regional

team.Slide4

Consists of mandatory members including;

prosecuting attorney

or rep,

coroner

or deputy coroner, a rep from the

county Health

Dept. or a rep from a health or hospital corporation, a rep from DCS, a rep of law enforcement, a rep from the school district, a pediatrician or family practice physician or an EMS provider or mental health provider,

and

a pathologist with forensic experience. The team may use another team’s medical and pathologist member. Additional members can be

added.Slide5

What is reviewed?

The death of a child (less than 18 years of age) occurring in the area served by the team if; the death is sudden, unexpected, unexplained, or needing an assessment by DCS for abuse or neglect.

Records are reviewed and can be obtained from the h

ealth dept

., DCS, law enforcement, medical, autopsy and coroner and mental health sources. HIPPA does not apply.Slide6

Confidentiality- Information acquired by the team is exempt from disclosure, not subject to subpoena, and not admissible as evidence

.Slide7

Open meetings, Notice and Executive SessionSlide8

What conclusions are mandated

?

The factors surrounding or contributing to the death of the child, could a similar death be prevented in the future,

prevention

agencies, resources etc. that should be involved.Slide9

Reporting requirements-a summary of data collected and actions and solutions

proposed.Slide10

COMMUNITY

CHILD PROTECTION

TEAM

(31-33-3-1 et seq.)Slide11

What is it

?

A countywide, multidisciplinary team formed in each county.Slide12

Members must include 13 people who either live in or provide services to residents of the county. Those 13 are; the local director of DCS, 2 designees from the local juvenile court judge, the Prosecuting Attorney or their designee, the county Sheriff or designee, the president of the county executive

or

consolidated city, director of CASA or a guardian ad litem, a public school superintendent or designee or director of special education cooperative, 2 persons who are either physicians or nurses with experience in pediatrics or family medicine, 2 residents of the county, and the chief law enforcement officer of the largest law enforcement agency in the county or designee.Slide13

Meetings are held once a month or at any other times that

the Department

needs

.Slide14

A coordinator is elected

to gather reports and determine

the agenda.Slide15

What is reviewed?

310s, and about anything else that is pertinent, including any case that the Department has been involved in, or complaints brought by a person or agency to the team.Slide16

The

team may recommend to the D

epartment that

a Petition be filed in juvenile court on behalf of the

child,

if it is in the best

interest

of the child

.Slide17

The team shall prepare a periodic report

of the

reports and claims that they review.Slide18

The members are bound by confidentiality regarding the matters reviewed

.Slide19

CHILD ADVOCACY CENTERSSlide20

What are they?

A

multidisciplinary

team approach, at a neutral, child friendly facility used to conduct interviews of alleged child abuse victims, conducted by trained forensic interviewers.

A

Center often serves multiple counties.Slide21

The team normally consists of law enforcement, prosecutors, CPS, and a victim

advocate.Slide22

The

interview is recorded and the team sits in another room

where they

can view the interview through closed circuit TV and forward their questions and input to the interviewer.Slide23

A signed cooperative agreement should be used, and a protocol set up for acute vs. non-acute cases.

An agreement can be made with

SANE (a Sexual Assault Nurse Examiner)

for an exam/evidence collection immediately following an acute case.Slide24

DCS will often pay for the interviews conducted.Slide25

What are the advantages of using a Center?Slide26

Minimize

the number of times a child has to be interviewed, including

reducing

the need for the defense attorney to take the child’s deposition.Slide27

Many cases involve physical evidence, including computers and cell

phones. The

interview allows prosecutors and law enforcement to immediately begin to prepare search warrants.Slide28

Streamlines investigations and ensures that all disciplines have their issues covered in

one

interview.Slide29

Service referrals can be made, including referrals for a medical exam, evidence collection, medical history and

counseling

. The medical hearsay exception may be useful to admit this information at trial.Slide30

Standardizes interviews-ChildFirst protocol, but does necessitate that interviewers keep their training and skills current.Slide31

Interviewers may be able to be qualified as skilled witnesses or expert witnesses, in order to give testimony about issues that may arise in the case including inconsistent statements, recantation, family dynamics, delayed disclosure, etc.Slide32

Depending on the facts of the case and the child hearsay rules, the video may be admissible in lieu of the child’s testimony

.Slide33

Caveat-a clear protocol on who owns the videos and how they are provided in discovery is important. They should NOT be given to the Defendant or their attorney, as they WILL end up on the internet or in the hands of people who should not have them. It is sufficient to allow counsel and the Defendant to view them at your office. Slide34

FORENSIC MEDICAL SERVICES FOR SEX CRIME VICTIMSSlide35

FORENSIC

MEDICAL SERVICES FOR SEX CRIMES VICTIMS

(I.C. 16-21-8-1 et seq.)Slide36

Sex crimes

include:

Rape

Criminal Deviate Conduct

Child

Molesting

Vicarious Sexual Gratification

Sexual Battery

Sexual

Misconduct

with a Minor

Child Solicitation

Child

Seduction

IncestSlide37

Each county must have a sexual assault response team, and if they do not, they can become part of a regional team or the Prosecuting Attorney shall appoint a team.Slide38

Protocol includes collection, preservation, secured storage and destruction of samples.

A

sexual assault examination kit

(developed

by the State Police) should be used.Slide39

Unless otherwise organized, a hospital that provides general hospital and surgical services shall provide forensic medical exams and services in relation to injuries or trauma that results from an alleged sex crime.Slide40

The provision of services does not depend on whether a victim cooperates with or reports to law enforcement.Slide41

The provider is compensated for their services by ICJI. Slide42

The services must be provided by a physician or sexual assault nurse examiner (SANE).

A

SANE is an RN who has received training to provide comprehensive care to a sexual assault victim and can conduct a forensic medical exam and collect evidence from a victim.Slide43

Exams can occur without the consent of the

victim, under

certain circumstances, including,

an inability to

give consent, or the person authorized to give consent is not available or is the

perpetrator. The

provider is immune from civil liability for providing services under these circumstances. Slide44

Procedures for law enforcement to obtain, store and transport the samples is set out.Slide45

Office of the Prosecuting Attorney

Karen

E. Richards

Prosecuting Attorney

Third

Floor Keystone Building

602 South Calhoun Street

Fort Wayne, IN 46802-1700

Phone:

(260)

449-7238

Fax:

(260)

449-8699

Email: Karen.Richards@acpao.org