1. (a) The Crimes Against Children Division will:

   1. (1) Investigate child maltreatment allegations according to established procedures;

   2. (2)

      1. (A) If safety concerns are identified, immediately contact the Division of Children and Family Services to conduct the remaining components of the health and safety assessment (safety planning and investigation risk assessment) as appropriate.
      2. (B) The Division of Children and Family Services will then be assigned as the secondary investigator on that particular investigation;
   3. (3) Coordinate with law enforcement and relinquish their case to them if the possibility of criminal charges is involved and law enforcement prefers to assume responsibility;
   4. (4) Initiate needed affidavits for legal action;
   5. (5) Keep the county office advised of the status of the investigation, including initial notification when appropriate; and
   6. (6) Share all information with the parents, offender, and victim, as appropriate.

2. (b) The Family Service Worker assigned as secondary to the investigation will:

   1. (1) If the Crimes Against Children Division contacted the Division of Children and Family Services to conduct the remaining components of the health and safety assessment (safety planning and investigation risk assessment), immediately ascertain the safety of other children remaining under the care of the alleged offender and develop a protection plan or pursue protective custody, as appropriate;
   2. (2) Provide any services to the family as needed;
   3. (3) Enter all contacts with the family into the CHRIS; and
   4. (4) Share all information about prior contacts with the family with agency staff and law enforcement who are investigating the case.

3. (c) In the case of a fatality of a child the county office will:

   1. (1) Immediately notify the Area Director by phone;
   2. (2) Report maltreatment or any suspected maltreatment to the Child Abuse Hotline immediately if it has not already been called into the Child Abuse Hotline;
   3. (3) Immediately, within twenty-four (24) hours or as required by the Director of the Division of Children and Family Services, complete CFS-307: Child Near Fatality/Fatality Disclosure Case Briefing Summary and CFS-308: Child Fatality Review Packet Checklist and forward the CFS-307 and CFS-308 and all required documents listed on CFS-308 to the CPS Manager;
   4. (4) Place copies of CFS-307 and CFS-308 in the child’s record;
   5. (5) If the child fatality is a result of a prior near fatality event and the fatality occurred more than twenty-four (24) hours after the near fatality, ensure the completion of CFS-306-A: Documentation of Near Fatality Subsequently Resulting in Fatality by the child’s attending physician or other attending medical personnel who treated the child during the child’s medical episode;
   6. (6) Fax or email the completed CFS-306-A: Documentation of Original Near Fatality Subsequently Resulting in Fatality to the CPS Manager within seventy-two (72) hours of the fatality, if applicable; and
   7. (7) Place a copy of the CFS-306-A in the child’s record, if applicable.

4. (d) The Area Director or designee will:

   1. (1) Notify the Assistant Director of Field Operations or designee immediately by phone;
   2. (2) Ensure employee immediately, within twenty-four (24) hours or as required by the Director of the Division of Children and Family Services, completes and forwards completed CFS-307: Child Near Fatality/Fatality Disclosure Case Briefing Summary and forward the CFS-307 to the CPS Manager;

   3. (3)

      1. (A) Complete the CFS-308: Child Fatality Review Packet Checklist within seven (7) calendar days of the fatality and fax or email both forms along with all required documents listed on the CFS-308 to the CPS Manager.
      2. (B)

5. (i) Schedule and hold an Internal Fatality Review meeting with the Division of Children and Family Services staff within fourteen (14) calendar days of the fatality in order to ascertain the facts surrounding the child’s death.

   1. (ii) The meeting will include:
6. (a) (a) FSW;

7. (b) (b) Crimes Against Children Division Investigator;

   1. (c) (c) County Supervisor/Investigative Supervisor;

      1. (d) (d) Crimes Against Children Division Supervisor;
8. (e) (e) Area Director;
9. (f) (f) CPS Manager;
10. (g) (g) Assistant Director of Field Operations, or designee;

11. (h) (h) Assistant Director of Prevention and Reunification, or designee; and

    1. (i) (i) Any other needed staff as appropriate; and
    2. (4) Expeditiously provide all other information requested by CPS Manager.

12. (e) The Assistant Director of Field Operations or designee will:

    1. (1) Notify the Department of Human Services’ Director of Communications by phone within one (1) hour of occurrence if the incident is expected to receive media attention;

    2. (2)

       1. (A) Discuss relevant details of the case with the department Director of Communications to determine the type of information that will be released to the media.
       2. (B) Pertinent information that can be released will include disclosable information as provided by the department disclosure policy (DHS Policy Group 4009).
       3. (C) Any information concerning siblings or attorney-client communications will not be released; and
    3. (3) Remain in direct contact with appropriate field personnel in order to develop a clear understanding of the circumstances surrounding the incident.

13. (f) The CPS Manager will:

    1. (1) Review CFS-307: Child Near Fatality/Fatality Disclosure Case Briefing Summary;

    2. (2) Forward the CFS-307: Child Near Fatality/Fatality Disclosure Case Briefing Summary to the:

       1. (A) Assistant Director of Field Operations or designee;
       2. (B) Assistant Director of Prevention and Reunification or designee;
       3. (C) Director of the Division of Children and Family Services;
       4. (D) Department’s Director of Communications; and
       5. (E) Department’s Deputy Director over the Division of Children and Family Services;
    3. (3) Review the CFS-308: Child Fatality Review Packet Checklist and all required documents listed on CFS-308;
    4. (4) Enter information regarding the fatality on the Child Death Log and Child Death Public Disclosure Log;
    5. (5) Serve as the point of contact for follow-up and subsequent briefings of the assistant directors, Director of the Division of Children and Family Services, and department deputy director;
    6. (6) Work with the chair of the External Child Near Fatality and Fatality Review Team as appropriate in coordinating logistics and necessary reports for the quarterly External Child Near Fatality and Fatality Review Team; and

    7. (7)

       1. (A) Prepare the list of all child deaths as well as all records related to the child and send the information to the members of the External Child Near Fatality and Fatality Review Team at least fourteen (14) calendar days prior to a scheduled committee meeting.
       2. (B) This information may be sent as hard copies or electronically.
14. (g) The Quality Assurance Unit will enter information regarding fatalities related to maltreatment on the Child Fatality/Near Fatality Disclosure Log.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "07/2018"