SB12-033, Near Fatalities

Fact Sheet Memorandum

SB12-033

ADDING NEAR FATALITIES TO THE RESPONSIBILITIES OF THE DEPARTMENT OF HUMAN SERVICES CHILD FATALITY REVIEW TEAM

Senator Guzman, Representative Massey

Staff Name:  Lou Irwin

What the Bill Does:  The bill adds “near fatalities” and “incidents of egregious abuse or neglect” as new categories of abuse that must be reported to the Department of Human Services (DHS)

Colorado Context:  Under current law in Colorado#, a child fatality review team is established within DHS to review every case of the death of a child presumed to be the result of abuse or neglect, to investigate the circumstances involving the child, the child’s caretakers, and the social agencies involved in the child’s welfare within two years prior to the fatality, and to submit an annual report to DHS, the governor, and the relevant committees of the legislature.  This bill expands the cases subject to such review to those in which there is a near-fatality or egregious abuse or neglect.

National Context: Under the federal Child Abuse Prevention and Treatment Act#, states are required to publically disclose information on cases of child abuse or neglect that resulted in a child fatality or near fatality.  This bill brings Colorado state law into closer conformity with federal law.

Bill Provisions: Defines new key terms introduced in the bill:

“near fatality” means a case in which a physician determines that a child is in serious, critical, or life-threatening condition as the result of sickness or injury caused by suspected abuse, neglect, or maltreatment.

“egregious abuse or neglect” means an incident of suspected abuse or neglect involving significant violence, torture, multiple victims, use of cruel restraints, or other similar, aggravated circumstances.

• Adds incidents of “near fatality” and “egregious abuse or neglect” to the category of incidents that must be reported to DHS and be reviewed by the Child Fatality Review Team
• Adds data on incidents of “near fatality” and “egregious abuse or neglect” to information that must be reported on the DHS website

Fiscal Impact:  Negligible

Sponsor’s Comments: