[HISTORY: Adopted by the Suffolk County Legislature 3-23-2016 by L.L. No. 9-2016. Amendments noted where applicable. Uncodified sections of certain
local laws amending these provisions are included at the end of this
chapter.]
A.
This Legislature hereby finds and determines that Suffolk County
has a responsibility to serve its most vulnerable residents, especially
its children. This Legislature also finds and determines that establishing
a mechanism for an independent, comprehensive, multiagency and multidisciplinary
review of child deaths will allow Suffolk County officials to better
understand trends and patterns regarding how and why children die
in Suffolk County, and take action that can prevent other such deaths
and improve the health and safety of Suffolk County's children.
This Legislature finds that the establishment of a local, independent
Child Fatality Review Team will promote cooperation and communication
among the various County departments, local agencies and programs
involved in investigating child fatalities and help facilitate the
provision of services needed by children and families.
B.
Therefore, the purpose of this chapter is to establish a Child Fatality
Review Team to identify preventable social and family circumstances
that contribute to child fatalities and to provide recommendations
regarding the investigation and prevention of child deaths.
[Amended 5-16-2017 by L.L. No. 17-2017]
As used in this chapter, the following terms shall have the
meanings indicated:
The New York State Office of Children and Family Services.
A.
There is hereby established, in accordance with all applicable state
and local laws, a Child Fatality Review Team ("Team") to examine the
facts and circumstances relating to child fatalities.
B.
The Team shall consist of the following members:
(1)
The Director of the Department of Health Services, or his or her
designee;
(2)
The Director of Child Protective Services, or his or her designee;
(3)
A representative of the New York State Office of Children and Family
Services;
(4)
The Director of the Department of Social Services, or his or her
designee;
(5)
The Chief Medical Examiner, or his or her designee;
(6)
The District Attorney, or his or her designee;
(7)
The County Attorney, or his or her designee;
(8)
The Commissioner of the Suffolk County Police Department, or his
or her designee;
(9)
A representative from the New York State Police;
(10)
The Director of the Division of Emergency Medical Services in the
Department of Health Services, or his or her designee;
(11)
A pediatrician or comparable medical professional with expertise
in child abuse, maltreatment or pediatric forensics, to be appointed
by the County Executive, subject to legislative approval;
(12)
The Chief Administrative Judge of the Family Court, or his or her
designee;
(13)
A pediatric radiologist with a subspecialty or expertise in child
abuse, to be appointed by the County Legislature; and
(14)
A
representative of a local hospital, to be appointed by the County
Legislature.
[Added 6-21-2016 by L.L.
No. 20-2016]
C.
The members appointed by the County Legislature shall serve for a
term of two years. Any vacancy shall be filled in the same manner
as the original appointment.
D.
The Team shall meet at least four times a year. The Medical Examiner
shall serve as Chairperson of the Team and shall convene the first
meeting of the Team within 90 days after the effective date of this
chapter.
A.
The Team will review individual child fatalities and aggregate data
relating to child fatalities and formulate recommendations regarding
methods of improving the protection of children in order to decrease
the future incidence of child fatalities in Suffolk County.
B.
The Team shall have access to all records, except those protected
by statutory privilege, within 21 days of receipt of a request.
C.
The Team may request information from any agency as may be necessary
to carry out the provisions of this section, in accordance with all
applicable laws, rules and regulations, including, but not limited
to, laws related to attorney-client privilege, attorney work product,
material prepared for litigation and disclosure of agency records
under the Public Officers Law. The Team shall keep confidential all
information that it receives and protect the privacy of all individuals
involved in the child fatality cases that it reviews to the extent
provided by law.
D.
Suffolk County shall submit protocols to OCFS for the initial approval
of a local Child Fatality Review Team, pursuant to §§ 422-b
and 20(5) of the Social Services Law, using the boilerplate language
contained within the OCFS Protocols for Child Fatality Review Team
template.
[Added 5-16-2017 by L.L.
No. 17-2017]
[Amended 5-16-2017 by L.L. No. 17-2017]
A.
All meetings conducted and all reports and records made and maintained,
and books and papers obtained by the Team shall be confidential and
not open to the general public except by court order.
B.
The Child Fatality Review Team shall prepare and submit an annual
report to the Clerk of the Legislature and to OCFS by December 31
of each calendar year, summarizing the Team's activities and
recommendations in accordance with the format prescribed by OCFS,
which may include a minimum of the following information:
(1)
Number of deaths reviewed, in the categories set forth in Social
Services Law § 20(5), which includes the death of a child:
(a)
Whose care and custody or custody and guardianship was transferred
to an authorized agency, excluding any child who at the time of death
was residing in a residential facility/center by OCFS;
(b)
For whom there is an open Child Protective Services case;
(c)
For whom there is an open Preventative Services case;
(d)
For whom a report was made to the Statewide Central Register;
or
(e)
Which is unexplained or unexpected.
(2)
Number of team meetings, including whether a review was immediate,
concurrent, retrospective or "other."
(3)
Data from team reviews, including existing patterns and trends, subsequent
findings and identified recommendations for improved or best practice
for the local Department of Social Services, community interventions
and the practices and functioning of the team.
Members of the Child Fatality Review Team, persons attending
a meeting of the Team and persons who present information to the Team
shall have immunity from civil and criminal liability for all reasonable
and good faith actions taken pursuant to this chapter and shall not
be questioned in any civil or criminal proceeding regarding any opinions
formed as a result of a meeting of the Child Fatality Review Team.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.
