1.7.4 Death or Injury of a Child
This section pertains to reporting the death or injury of a child
in care or known to a mandated child and family services agency.
It replaces Section 182, Death or Injury of a Child, in the Program
Standards Manual remnants package.
Legislation
Authority and Departmental Reviews
Sections 27 and 51 of the Child
and Family Services Authorities Regulation give authorities
the same power as the director to solicit, accept and review reports
under clause
4(2)(e) of The Child and Family Services Act and clause
5(3)(c) of The Adoption Act. Subsection 30(2) transfers
the power of the director to authorities to require agencies to
provide reports under clause
7(1)(n) of The Child and Family Services Act.
However, the director may also request reports from authorities
and agencies on behalf of the minister. Under section
25, the minister may give directions to an authority for the
purpose of achieving provincial objectives and priorities, providing
guidelines for authorities to follow, and coordinating the work
of authorities with that of government and others.
Children’s Advocate Reviews
The Children’s Advocate Enhanced Mandate Act (Various Acts Amended), SM. 2007, c. 14, amended The Child and Family Services Act and The Fatality Inquiries Act.
The Children’s Advocate is responsible under section 8.2.3 of The Child and Family Services Act for reviewing services provided by an agency following the death of a child who was in the care of, or received services from, a child and family services agency, or whose parent or guardian received services from an agency within one year before the death. The Chief Medical Examiner no longer has this responsibility.
Upon learning that a child has died in Manitoba, the Chief Medical Examiner is responsible under section 10 of The Fatality Inquires Act to notify the Children’s Advocate of the death and provide a copy of the medical examiner’s report and final autopsy report if 8.2.3 of The Child and Family Services Act applies.
Policy
Agencies are required to report the death or injury of a child
to the Director of Child and Family Services (the director) in
accordance with the standards in this section. As a general rule,
the reporting agency is the agency that was supervising a child
in care or providing services to the family of a child not in
care. If more than one agency was involved, the director may require
both agencies to report.
The director requires this information in order to:
- advise the minister of the circumstances leading to the
death or injury of a child
- conduct a review of the actions of an agency in collaboration
with the appropriate child and family services authorities
- assist the Children’s Advocate in conducting a review under section 8.2.3 of The Child and Family Services Act, and
- assist the Children's Advocate or Ombudsman in any investigations
or reviews they may undertake
Standards
Standards in this section pertain to the following activities required
of agencies:
Reporting to Director and Authorities – time frames and information reported to the Director of Child
and Family Services (director) and child and family services authorities
(authorities).
Internal agency reviews – internal reviews carried out by agencies on learning of the death
or injury to a child known to or in care of the agency.
External Investigations and Reviews – expectations placed on agencies and authorities with respect to
investigations and reviews conducted by the policy, the CME and
others.
Reporting to Director and Authorities
- Reporting Agency – Unless
another agency agrees to report the death of or serious injury
to a child, the agency that was supervising a child in care or
providing services to the family of a child not in care reports
the death or injury. If a child was returned to the care of his
or her family and the family file was closed within the one year
period before the death of a child, the agency that closed the
case is responsible for reporting the death.
- Reporting Death of Child in Care – The reporting agency notifies the director and its mandating
authority within one hour of learning that a child in care has
died or, if the information is received in the evening or on a
weekend, by 10:00 A.M. of the next working day. This initial report
may be by phone, facsimile or e-mail and must include:
- name, birth date and legal status of the child
- names and addresses of the child's parents or guardians
- name of the placing or guardian agency if different than
the reporting agency
- names of workers and supervisors assigned to the child
and the child's family
- how the reporting agency was informed of the death of the
child and by whom
- known circumstances surrounding the death including date,
time, place, and unusual circumstances
- any information suggesting the child may have died as a
result of abuse
- a summary of agency' involvement with the child and the
child's family
- persons notified by the agency, for example, police, parents,
guardian agency
- any other action taken
- Additional Information on Death of
Child in Care – Within 48 hours of the initial report
under Standard 1, the reporting agency provides any additional
information on the death of a child in care to the director and
its mandating authority including:
- name, address and type of placement at time of death
- any updates on information given in the initial report
- a detailed statement of the child's placement history and
the reporting agency's involvement in the case
- information obtained to date from an investigation by the
agency or the police
- names and ages of other children in home where the child
who died was placed and whether these children are at
risk
- anticipated action by the reporting agency
- whether an autopsy has been or will be performed
- whether charges under the Criminal Code (Canada)
have been laid or are anticipated
- Reporting Death of Child Not in Care – The reporting agency notifies the director and its mandating
authority by the end of the next working day on learning of the
death of a child from a family that has received services from
the agency during the past year. This report may be by phone,
facsimile or e-mail and must include:
- name, birth date and legal status of the child
- names, address and involvement of the parents or guardians,
and of persons with whom the child was living
- names of workers and supervisors assigned to the family
- how the reporting agency was informed of the death of the
child and by whom
- known circumstances surrounding the death including date,
time, place, unusual circumstances
- a summary of agency involvement with the family
- any information suggesting the child may have died as a
result of abuse
- information obtained to date from an investigation by the
agency or police
- names and ages of other children in the home where the
child who died was living and whether these children are at
risk
- if the child had previously been in care, a detailed statement
of the child's placement history and the reporting agency's
involvement in the case
- persons notified by the agency, for example, police, parents,
guardian agency
- anticipated action by the reporting agency
- whether an autopsy has been or will be performed
- whether charges under the Criminal Code (Canada)
are anticipated or have been laid
- Reporting Serious Injury to Child
in Care – The reporting agency notifies the director
and its mandating authority by the end of the next working day
on learning that a child in care has suffered serious injury that
could result in death or permanent disability as determined by
a physician. This report may be by phone, facsimile or e-mail
and must include:
- name, birth date and legal status of the child
- names and addresses of the child's parents or guardians
- name of the placing or guardian agency if different than
the reporting agency
- names of workers and supervisors assigned to the child
and the child's family
- how the reporting agency was informed of the injury to
the child and by whom
- known circumstances surrounding the death including date,
time, place, unusual circumstances
- any information suggesting the child may have been injured
as a result of abuse
- a summary of agency involvement with the child and the
child's family
- information obtained to date from an investigation by the
agency or police
- names and ages of other children in the home where the
child who died was living and whether these children are at
risk
- persons notified by the agency, for example, police, parents,
guardian agency
- anticipated action by the reporting agency
- whether charges under the Criminal Code (Canada)
are anticipated or have been laid
- Notifying Parent or Next of Kin – On learning of the death of or serious injury to a child in
care, the reporting agency or, when applicable and agreed to by
both parties, the placing or guardian agency, notifies the child's
parent or next of kin within 24 hours or as soon thereafter as
reasonably possible on learning of the death of or injury to a
child in its care.
- Further Reports to Director – Upon receiving additional information regarding the death or
injury to a child, the reporting agency authority of the reporting
agency or, if applicable and agreed to by both parties, the authority
of the culturally appropriate agency forwards the information
to the director. Such information includes:
- in the case of a deceased child, the results of an autopsy
as to the cause of death
- the results of any medical examinations as to the cause
of serious injury
- the results of agency investigations
- the results of any policy investigations including the
laying of criminal charges
- any further actions indicated or planned by the agency
Internal Agency Reviews
- Internal Agency Review Objectives – On learning of the death of or serious injury to a child known
to or in the care of the agency, the executive or regional director
immediately initiates an internal review of the events and circumstances
leading the child's death or serious injury in order to:
- obtain detailed information on the circumstances leading
to the death or injury
- identify applicable agency programs and services
- determine whether applicable programs and services were
involved
- assess the actions and decisions of any workers or supervisors
involved in providing services to the child or the child's
family
- determine whether staff followed applicable policies and
procedures including provincial standards
- reassign case management responsibilities when indicated
- take appropriate disciplinary action when indicated
- Consultation with Mandating Authority – On learning of the death of or serious injury to a child known
to or in the care of the agency, the executive or regional director
consults with the agency's mandating authority with respect to
the urgency and scope of the review.
- Completion of Internal Agency Review – Within 30 days from the date the death or injury of a child
is first reported to the agency, the executive or regional director
completes the internal agency review and forwards a copy of the
agency's report to:
- the agency's board of directors or departmental head, as
the case may be
- the agency's mandating authority
External Investigations and Reviews
- Facilitating External Investigations
and Reviews – An agency and its mandating authority assist and cooperate fully with the police, Children’s Advocate or Ombudsman regarding any investigation or review of the death of or injury to a child.
Child Death Reporting Procedures
The following procedures pertain to reporting of child deaths:
- Under section
6 of The Fatality Inquiries Act, a person who is
witness to or has knowledge of a death must immediately report
the death to a medical examiner, investigator or the police when
the person dies
- as a result of an accident or poisoning
- by an act of suicide, negligence or homicide
- in an unexpected or unexplained manner
- as a result of contracting a contagious disease that is
a threat to public health
- suddenly of unknown cause
- during a pregnancy or recovery from a pregnancy
- while under anesthesia or while recovering from an anesthesia
or within 10 days of a surgical operation
- while in custody of a peace officer
- as a result of contracting a disease or condition, sustaining
an injury, or ingesting a toxic substance at the place of
employment or former employment
- within 24 hours of admission to a hospital
- in places, institutions or circumstances prescribed by
regulation
- while under the care of a duly qualified medical practitioner
for the condition that brought on the death
- while resident in a licensed residential or care facility,
correctional institution, psychiatric facility or developmental
centre
- is a child
- When the police are notified of the death of person, they contact
the office of the Chief Medical Examiner (CME). They also notify
the appropriate child and family services agency on learning that
the child was in care or the child's family was receiving services
from the agency. The CME decides whether an autopsy is required
and Crown Prosecution whether criminal charges will be laid.
- When a child dies in hospital, the hospital notifies the parent
or guardian or the apprehending or guardian agency. When the deceased
child was in care through a voluntary placement agreement, the
hospital may notify the placing agency as well as the parent or
guardian.
- Pursuant to section 10 of The Fatality Inquiries Act, the CME immediately notifies the Children’s Advocate upon receiving a report to which section 8.2.3 of The Child and Family Services Act applies.
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