How does Florida protect kids after a child dies? DCF explains its role

LEE COUNTY, Fla. (WINK) — A 17-month-old girl was found dead inside a hot car in late July, provoking an investigation by the Lee County Sheriff’s Office. However, questions remain: What is the child fatality review process? How thorough is the investigative process? 

WINK News contacted the Florida Department of Children and Families for clarification on how the State of Florida reviews and conducts its investigations. 

While they declined to comment on specific details regarding the investigation of the 17-month-old's death since the process is ongoing, representatives of DCF answered our team’s questions regarding the child fatality review process.

Can you explain DCF's role when a child in state care dies?

When the Department learns that a child in state care has died, it immediately initiates the appropriate child fatality review processes. If allegations of abuse or neglect exist, the Florida Abuse Hotline receives the report, and the Department conducts a child protective investigation in accordance with Florida law and coordinates with law enforcement partners.

How does DCF coordinate with law enforcement, the Medical Examiner, the State Attorney's Office, and Community-Based Care Lead Agencies during these investigations?

Child death investigations involve coordination among multiple agencies, each with distinct responsibilities.

Law enforcement leads any potential criminal investigation while the Medical Examiner determines the official cause and manner of death. The Department works closely with both agencies throughout its investigation and, when applicable, coordinates with the State Attorney's Office before closing an investigation if criminal proceedings remain active.

The Department also coordinates with the child's Community-Based Care Lead Agency (CBC) when a child was in out-of-home care, or if surviving siblings appear to be in need of on-going services. While DCF is responsible for child protective investigations and assessing child safety, CBCs oversee case management, placement, and ongoing services. Together, the Department and the CBC coordinate to support child safety, permanency, and well-being.

Does DCF conduct a Critical Incident Rapid Response Team (CIRRT) review when a child dies while in state care?

No. A CIRRT review is not required simply because a child was in state care. Under section 39.2015, Florida Statutes, a CIRRT review is required when a child dies and the child—or another child in the family—was the subject of a verified report of abuse or neglect during the previous 12 months. While this may include some children in state care, a CIRRT review is not required solely because a child was in state care.

If so, what is the purpose of a CIRRT review?

A CIRRT review is a multidisciplinary review designed to identify systemic issues, root causes, and opportunities to strengthen child protection policies and practices. The review focuses on the child welfare system's prior involvement with the family and is intended to improve practice and accountability. It is not a review of the circumstances surrounding the child's death.

How long do these investigations typically remain open?

There is no standard timeframe. While investigations are statutorily required to be completed within 60 days, there are certain circumstances in which the investigation may remain open beyond that period.  As outlined in s. 39.301(16) F.S., the Department is required to complete a child protective investigation within 60 days of receiving the initial abuse or neglect report. The investigation may remain open beyond 60 days only under the following circumstances:

• Concurrent criminal investigation: If an active criminal investigation is still ongoing and closing the protective investigation could jeopardize the criminal case, the protective investigation may remain open until the criminal investigation and any related legal proceedings are concluded.
• Child death cases: If the Medical Examiner's final report is needed to complete the investigation and has not been received within 60 days, the investigation may be extended until the report is available.
• Missing child: If a child essential to the investigation has been declared missing by DCF, law enforcement, or a court, the investigation may remain open until the child is located or enough information exists to complete the investigation despite the child's unknown whereabouts.

In the above circumstances, child protective investigations remain open until all necessary investigative activities are complete, including receipt of required information from partner agencies.

What determines when a case can be closed?

Cases are closed after all investigative activities are complete, required documentation has been received, findings have been finalized, and any required coordination with partner agencies has occurred.

If there are surviving siblings, what steps does DCF take to ensure their safety?

When there are surviving siblings or other children in the household, the Department immediately assesses their safety. Based on that assessment, the Department takes whatever protective actions are necessary, including safety planning, in-home services, court intervention, or out-of-home placement, depending on the circumstances.