| Policy |
The investigation of an allegation of medical neglect
involving a disabled infant shall be conducted by the Interdepartmental Investigative
Team. |
| Interdepartmental Investigative Team Membership |
The Interdepartmental Investigative Team shall consist of
- a staff member from the Division of Child Welfare Services who shall act as the
chairperson of the team
- a DCF investigator from the involved region
- the DCF Medical Director
- a neonatologist
- a representative from the DPH Hospital and Medical Care Division.
|
| Investigative Team Chair Responsibilities |
Upon receipt of a report, the Team Chair or designee shall
- complete appropriate entries in LINK
- initiate the investigation process by calling the hospital liaison to obtain the
following information regarding the child:
- confirmation of name and date of birth
- physical condition
- disabling condition and date of inception
- life-threatening condition
- current diagnosis
- services or treatment being withheld
- findings of the hospital's Infant Care Review Committee
- involvement/concerns regarding the parents
- conduct a preliminary review of the case
- convene the Interdepartmental Investigative Team, if necessary.
|
| Investigative Team Responsibilities |
The Investigative Team shall conduct an investigation which
may include, but is not limited to, the following:
- an unannounced site visit to the hospital
- a meeting with the infant's parents
- a review of the infant's medical record
- an interview with the appropriate health care providers and staff members
- a determination if the case is appropriately classified under the disabled infant
definition
- assurance of the continuation of appropriate nutrition, hydration and medication during
the investigation process
- seeking additional information from any other person or agency who may provide technical
assistance
- utilizing, if necessary, legal intervention to conduct the investigation or assure
appropriate care and treatment.
|
| Legal Intervention |
The DCF investigator shall
utilize the 96-hour hold, and/or file neglect petitions and an Order of Temporary
Custody, as necessary, in order to
- assure the continuation or re-establishment of medical treatment, including
appropriate nutrition, hydration and medication
- obtain a physical examination of the child by an independent physician
- provide appropriate medical treatment to the child if the parents and/or medical
staff refuse to do so.
The DPH team representative shall require that the health care institution liaison
provide access to the medical record for any reported case of medical neglect for review
by the Interdepartmental Team. |
| Determination of Neglect |
The Team shall determine whether the allegation of medical
neglect is or is not substantiated. A neglect finding is not indicated if medical
treatment is withheld from a disabled infant when
the infant is chronically and irreversibly comatose
the treatment would merely prolong dying, not be effective in ameliorating or correcting
all of the infant's life-threatening conditions, or otherwise be futile in terms of the
infant's survival
the provision of such treatment would be virtually futile in terms of the survival of
the infant and the treatment would be inhumane.
Important Note: Appropriate nutrition, hydration and medication must
always be provided. |
| Procedures When Medical Neglect is Substantiated |
If the finding indicates that medical neglect is
substantiated, then DCF shall
seek voluntary compliance of services to ensure proper medical treatment
if necessary, use legal intervention to ensure proper medical treatment
ensure that investigation information is entered in LINK.
|
Procedures
When Medical Neglect
is
Unsubstantiated |
If the finding indicates that medical neglect was
unsubstantiated,
then the Team Chair shall ensure the entry of investigation information in LINK. |
| Dissemination of Findings |
The findings of the Team shall be shared with
- the infant's parents or guardians
- the medical/hospital staff
- a mandated reporter.
|
| Follow-Up |
The DCF social worker may provide referral to appropriate
community resources. |
