This policy guide includes instructions for the Risk Management Division for releasing case records regarding child fatalities, including fatalities that are confirmed to be caused by child abuse and/or neglect and fatalities where there is reasonable suspicion that the fatality was caused by child abuse and/or neglect.

This policy guide was updated from the 03/26/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

Case Record Requests on a Deceased Child

DCFS Staff Responsibilities

1. Direct all requests for information regarding the death of a child to the Department’s Risk Management Division at (213) 738-2667 or (213) 351-7767 or (213) 738-3000.

Risk Management Division Staff Responsibilities

1. Upon receiving a request, notify and provide a copy of the request to the attorney for the deceased child and any other child associated with that court case number before releasing any documents. 
   • Notice should be given immediately after receipt of request for documents along with the anticipated release date for the documents.
   • If a child’s attorney, including the deceased child or any child directly or indirectly related to the case, objects to the release of any part of the documents, they may petition the Juvenile Court for relief to prevent the release of any document or part of a document requested.
2. If a request is received for documents from the juvenile case file, advise the requesting party that those documents can only be disclosed upon an order by the Juvenile Court.

When There is Reasonable Suspicion or Confirmation that the Child Fatality Was Caused by Abuse or Neglect

Risk Management Division Staff Responsibilities

1. If there is reasonable suspicion that the fatality was caused by abuse or neglect, within five business days of the request, release the following information:
   1. The age and gender of the child.
   2. The date of death.
   3. Whether the child was in foster care or in the home of their parent or guardian at the time of death.
   4. Whether an investigation is being conducted by a law enforcement agency or DCFS.
2. If a determination has been made that a child’s death was the result of abuse or neglect, within 10 business days of the request or the disposition of the investigation by DCFS, law enforcement or the coroner/medical examiner, release the following information:
   1. The age and gender of the child.
   2. The date of death.
   3. Whether the child was in foster care or in the home of their parent or guardian at the time of death.
   4. Whether an investigation is being conducted by a law enforcement agency or DCFS.
3. The following information must be released in the following circumstances:

   Circumstances of Child’s Death	Documents to Release
   Child’s death occurred while living with their parent or guardian and the abuse or neglect was inflicted by the parent or guardian.	Any ER referral information completed by DCFS that pertains to the abuse and/or neglect that resulted in the death of the child. Any previous referrals of abuse or neglect specific to the deceased child that were determined to be inconclusive or substantiated while living with the parent or guardian. Any health records (excluding mental health records) related to the child’s death and previous injuries reflective of a pattern of abuse and/or neglect. Any SDM risk and safety assessments completed by DCFS relating to the deceased child. Copies of police reports about the person against whom the child abuse or neglect was substantiated.
   Child’s death occurred while the child resided in foster care, and the abuse or neglect was inflicted by the foster parent(s).	Release all of the documents listed above and: Records pertaining to the foster parent(s) license and type of license(s) held. If licensing records pertaining to the foster parent(s) are not contained in the child’s case record, release the documents that are available and direct the requesting party to the appropriate licensing agency for any additional documents. Records pertaining to the approval of the foster family home of the relative or nonrelative extended family member, including a caregiver assessment and health and safety inspection of the home (if included in the case record). All documented licensing violations, including plans of correction. Records of the training completed by the foster parents.
   Child’s death occurred while the child was residing in the home of a relative caregiver or nonrelative extended family member.	Release all of the documents listed above and: SOC 815, 817, 818 DCFS 724, 725, 726, 5420, 5603 LIC 508D Any child abuse referrals documents regarding the caregiver while the child was residing in that home, including the results of the investigation.

4. Prior to releasing any document, redact any information or records that the Juvenile Court has ordered be redacted after the filing of a petition by the child's attorney including, but not limited to:
   1. Names, except the name of a county or state department or agency.
   2. Addresses, except the address of a county or state department or agency.
   3. Telephone numbers, except the public telephone number of a county or state department or agency.
   4. Ethnicity
   5. Religion
   6. Social Security numbers or referral/case identifiers.
   7. Any other identifying information of any person or institution, other than the county or state department or agency information.
5. After consultation with the District Attorney, if the release of specific information would jeopardize a criminal investigation or proceeding, that information must also be redacted prior to release.
6. Once documents have been released by the Risk Management Division, the State Department of Social Services or the Director of DCFS or their designee may comment on the case within the scope of the release.

Division Chief of Risk Management Division

• Release of Case Record

Welfare and Institutions Code (WIC) Section 826.7– States that Juvenile case files that pertain to a child who died as the result of abuse or neglect shall be released by the custodian of records of the county welfare department or agency to the public.

WIC Section 827(a)(2)– States that juvenile case files that pertain to a deceased child who was within the jurisdiction of the juvenile court must be released to the public pursuant to an order by the juvenile court after a petition has been filed and interested parties have been afforded an opportunity to file an objection. The presiding judge of the juvenile court may issue an order prohibiting or limiting access to the juvenile case file, or any portion thereof, of a deceased child only upon a showing by a preponderance of evidence that release of the juvenile case file or any portion thereof is detrimental to the safety, protection, or physical or emotional well-being of another child who is directly or indirectly connected to the juvenile case that is the subject of the petition. The custodian of records shall serve the petition within 10 calendar days of receipt.

WIC Section 10850.4– Describes the information that can be released upon request when there is a child fatality where there is reasonable suspicion that the fatality was caused by abuse or neglect.