Child Fatality Review Team

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.

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.

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.

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

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

Open meetings, Notice and Executive Session

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.

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

COMMUNITY CHILD PROTECTION TEAM(31-33-3-1 et seq.)

What is it?

A countywide, multidisciplinary team formed in each county.

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.

Meetings are held once a month or at any other times that the Department needs.

A coordinator is elected to gather reports and determine the agenda.

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.

The team may recommend to the Department that a Petition be filed in juvenile court on behalf of the child, if it is in the best interest of the child.

The team shall prepare a periodic report of the reports and claims that they review.

The members are bound by confidentiality regarding the matters reviewed.

CHILD ADVOCACY CENTERS

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.

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

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.

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.

DCS will often pay for the interviews conducted.

What are the advantages of using a Center?

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.

Many cases involve physical evidence, including computers and cell phones. The interview allows prosecutors and law enforcement to immediately begin to prepare search warrants.

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

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.

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

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.

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

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.

FORENSIC MEDICAL SERVICES FOR SEX CRIME VICTIMS

FORENSIC MEDICAL SERVICES FOR SEX CRIMES VICTIMS

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

Sex crimes include: Rape Criminal Deviate Conduct Child Molesting Vicarious Sexual Gratification Sexual Battery Sexual Misconduct with a Minor Child Solicitation Child Seduction Incest

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.

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

A sexual assault examination kit (developed by the State Police) should be used.

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.

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

The provider is compensated for their services by ICJI.

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.

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.

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

Office of the Prosecuting Attorney Karen E. RichardsProsecuting Attorney

Third Floor Keystone Building602 South Calhoun StreetFort Wayne, IN 46802-1700 Phone:  (260) 449-7238Fax:  (260) 449-8699Email:  Karen.Richards@acpao.org