Child Fatality and Near Fatality
Critical Incident Oversight & Support Unit (CIOSU)
The CIOSU is responsible for the review of critical incidents reported to the CDSS which involve child fatalities and near fatalities resulting from abuse and/or neglect.The unit is also responsible for the annual reporting of information gathered from these reviews pursuant to Senate Bill 39 (Chapter 468, Statutes of 2007) and the federal Child Abuse Prevention and Treatment Act, and for responding to federal inquiries and Public Records Act requests regarding child fatalities and/or near fatality incidents and state oversight activities.The unit also oversees and provides technical assistance to counties to ensure consistent application of child fatality and near fatality reporting and disclosure policies and statutory and regulatory requirements.
Child Fatalities and Near Fatalities Resulting From Abuse and/or Neglect
In California, federal and state statutes govern the disclosure of information related to child fatalities or near fatalities that are the result of abuse and/or neglect. Federal law, the Child Abuse Prevention and Treatment Act (CAPTA), requires that states disclose to the public, findings or information about cases of child abuse and neglect that result in fatalities or near fatalities. Additionally, California Senate Bill (SB) 39 (Chapter 468, Statutes of 2007) set out the requirements for the county’s disclosure of child fatality information wherein there is a reasonable suspicion that the fatality was caused by abuse or neglect and when abuse or neglect has been determined to have led to a child’s death. Specifically, SB 39 requires the custodian of records for the child welfare agency to release specified information. The CDSS issued several All County Letters (ACLs) to implement SB 39 and regulations related to SB 39, which governed disclosure requirements for child fatalities that occurred on or after January 1, 2008.
For additional resources and guidance on the public disclosure of information in cases of child fatalities and near fatalities caused by abuse and/or neglect, please visit the various quick links listed on the right hand side bar.