New York - State Spotlight


State Spotlight - New York Last updated: February 2008 Thomas Hess New York State Office of Children and Family Services 52 Wahsington Street Room 334N Rensselaer, NY 12144-2796 Phone: 518-474-4086 Email: thomas.hess@ocfs.state.ny.us Tools New York Child Fatality Review Legislation New York City Child Fatality Review Legislation Reports New York City Child Fatality Review Report, 2007 Mortality Statistics New York Child Mortality Data, 2002 New York Child Mortality Data, 2003 New York Child Mortality Data, 2005 Program Description Administration In 1999, child fatality review teams in New York were given authority to meet under state statute, section 20(5)(c) of the social services law. The program is housed out of the New York State Office of Children and Family Services (OCFS). Funds are available to local or regional child fatality review teams every year through an RFP with OCFS. Eight grants of $50,000 each were awarded to counties to develop or expand their CFR team activities. Chapter Law 485 of the Laws of 2006 New Your State Social Services Law Section 422-b New York State Social Service Law allows a child fatality review team (CFRT) to be established at a local or regional level, with the approval of the Office of Children and Family Services (OCFS). The purpose of the CFRT is to review the death of any child whose care and custody or custody and guardianship has been transferred to an authorized agency, any child for whom child protective services has an open case, any child for whom the local department of social services has an open preventive services case, and in the case of a report made to the central register involving the death of any child. A CFRT may also investigate any unexplained or unexpected death of any child under the age of eighteen. A CFRT must include, but is not limited to, representatives from the Child Protective Service, Office of Children and Family Services, county department of health, or, should the locality not have a county department of health, the local health commissioner or his or her designee or the local public health director or his or her designee, Office of the Medical Examiner, or, should the locality not have a medical examiner, Office of the Coroner, Office of the District Attorney, Office of the County Attorney, local and state law enforcement, Emergency Medical Services and a pediatrician or comparable medical professional, preferably with expertise in the area of child abuse and maltreatment or forensic pediatrics. A CFRT approved by OCFS has access to all records, except those protected by statutory privilege, within twenty-one days of receipt of request. Members of a CFRT, persons attending a meeting of a local or regional fatality review team, and persons who present information to a local or regional fatality review team have immunity from civil and criminal liability for all reasonable and good faith actions taken pursuant to this law, and may not be questioned in any civil or criminal proceeding regarding any opinions formed as a result of a meeting of the CFRT. A local or regional CRFT may exercise the same authority as OCFS with regard to the preparation of a child fatality report. All meetings conducted and all reports and records made and maintained, and books and papers obtained, by a CFRT are confidential and not open to the general public except by court order and except for an annual report or a fatality report, if the team chooses to complete such a report. Teams New York has local and regional review teams. There is no state level advisory committee. Local Teams: New York has local teams. The state level Regional Offices of OCFS must be one of the members of each CFRT. The City of New York is developing a review process. Reviews Teams review cases involving children age 17 and younger. Deaths are reviewed due to SIDS, homicides, suicides and abuse/neglect. Additionally, cases that had involvement with OCFS and deaths of children in foster care are reviewed. Purpose The purpose of the New York child fatality review process is to prevent future deaths, to assist in the investigative process and improve the social services system. Data Data collected for the review process includes information from databases on child maltreatment and foster care children. Annual Report An annual report is submitted to the Governor and legislature. It includes a section on recommendations directed at the state's child advocacy system, not exclusively child fatality review. Prevention Initiatives Unknown. Protocols In 2000, OCFS produced "Child Fatalities Report Manual" to provide guidance to CFR team members. Training Unknown.