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4.2.5 Child Death Notifications and exchange of information

Last Modified: 21-Aug-2023 Review Date: 02-Jan-2019

‭(Hidden)‬ Legislation

Overview

To provide guidance on the methods and procedures by which:

  • notifications of reportable child deaths are managed, and

  • information and reports in relation to reportable child death notifications are exchanged with the Office of the State Coroner (the Coroner) and the Ombudsman Western Australia (the Ombudsman).

Refer to Chapter 2.1.5 Responding to concerns for children in care – critical incidents and the following legislation: 

Note: CEO refers to the Chief Executive Officer of the Department of Communities (the Department).

Rules


  • Information exchanged between the Coroner and the Department in relation to a child death notification must be through the Specialist Child Protection Unit (SCPU) Central Review Team. 

  • Where the Statewide Referral and Response Service (SRRS) receives notifications/requests in relation to child deaths after hours, this information must be provided to the Central Review Team via the Director and coronials@communities.wa.gov.au. 

  • You must advise the Central Review Team of any request for information about the death of a child from an external source including the Coroner and Western Australia Police (WA Police). 

  • You and/or your team leader (TL) must assess the information received from the Central Review Team in relation to a child death and determine further action, such as:
    • recording the date of the child's death in our information systems
    • assessing the safety and wellbeing of surviving siblings, which may include determining whether a Child Safety Investigation (CSI) is necessary
    • assessing supports and services that may be required, or 
    • the provision of financial or other assistance.

  • You must immediately notify a TL, assistant district director (ADD) and the Central Review Team if a child in the CEO's care has died.

  • The Central Review Team will notify the Coroner without delay of the death of any child in the CEO's care. 


Process Maps
Child Death and Family and Domestic Violence Fatality Notification Flowchart 

Information and Instructions

  • Notification of a reportable child death from the Coroner
  • Notification of the death of a child in the CEO's care
  • Information exchange with the Coroner, WA Police and Ombudsman
  • Responding to contact from family
  • Notification of a reportable child death from the Coroner

    Process: 

    1

     

    The Coroner forwards a Coronial Notification with details about the death to the Central Review Team.

    2

     

    The Central Review Team searches our client record systems and to identify the nature and extent of the Department's contact with the subject child and/or family. The search is conducted on the subject child, the parents and any significant others, such as siblings. The Central Review Team completes a Child Death Notification – Response, which includes whether the child death is investigable by the Ombudsman. 

    3

    The Central Review Team distributes the Child Death Notification - Response and original Coronial Notification, by email to:

    • external stakeholders including the Coroner, Coronial Investigation Squad, the Ombudsman and the State Solicitors Office, and 

    • internal stakeholders including the Director General, Assistant Director General Strategy and Partnerships, Executive Director Statewide Services, Executive Director Service Delivery, Chief Legal Officer, Director Statewide Referral and Response Service, Regional Executive Director and District Director. 
      Other stakeholders may be included as relevant to the nature of the Department's involvement.

    • Where the Central Review Team identifies potential concerns for surviving siblings (including unborn infants), the Child Death Notification – Response is referred to the Statewide Referral and Response Service for assessment. 


    Refer to the Child Death and Family and Domestic Violence FDV Fatality Notification Flowchart for further information.

    ​4

    ​You and/or your TL must assess the information received in the Response to Coronial Notification and determine further action, such as:

    • recording the date of the child's death in our information systems

    • assessing the safety and wellbeing of surviving siblings, which may include application of the Interaction Tool and determining whether a CSI is necessary

    • assessing supports/services that may be required, or 

    • the provision of financial or other assistance.

    The minimum action required is that Department staff are aware of the death if the family seek financial or other types of assistance.  

    5

    ​If the notification is in relation to an open case, you must record the date of death on our information systems.

    6

    ​The Central Review Team will coordinate the preparation of any further information requested by the Coroner and/or Ombudsman.

    7
    ​After-hours notifications:
    • If the Coroner (or WA Police officers on behalf of the Coroner) need to make an after-hours notification of death and/or require information, the Coroner will notify the Statewide Referral and Response Service (SRRS) directly.

    • The SRRS will respond directly to urgent information requests and will assess and respond to the safety needs of surviving children in consultation with the relevant district. 

    • The SRRS advise the relevant ADG, ED, Central Review Team Director, and coronials@communities.wa.gov.au
      of the child's death within one business day.

    The ED advises other officers, such as the DD or Corporate Communications, as per standard critical incident requirements.

      

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    Notification of the death of a child in the CEO's care

    1. ​As directed in Chapter 2.1 Responding to concerns for children in care - critical incidents, you must immediately notify a TL, ADD and the SPCU. 

    2. The SCPU Director must be notified by phone or via email Coronials@communities.wa.gov.au

    3. The SCPU will advise the Coroner of the death. 

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    Information exchange with the Coroner, WA Police and Ombudsman

    Coroner and/or WA Police

    The Coroner notifies the Department of the reportable death of any child under the age of 18 years. A reportable death is defined under the Coroner's Act 1996 (Coroner's Act) and includes any child who is in the CEO's care at the time of their death. It also includes any child whose death "appears to have been unexpected, unnatural or violent, or to have resulted directly or indirectly from injury".

    The Coroner's Act enables the Coroner to obtain information from any source to assist in the investigation and determination of a person's death. The Department, via the Central Review Team, provides this information.

    The Coroner is responsible for investigating the circumstances of a reportable death and to determine the cause of that person's death. They obtain information through two processes:

    • Coronial inquiry – an inquiry occurs when the Coroner examines information to determine a person's death.

    • Coronial inquest – an inquest occurs when the Coroner's Court examines information to determine a person's death or group of deaths. Where a child was in the CEO's care at, or immediately before the time of death, the Coroner must hold a mandated inquest.

    The Coroner (Coronial Investigation Squad) may request a report on the Department's history of contact with a child and their family. The Coroner, or WA Police Officer with investigative responsibility acting on behalf of the Coroner, formally submits the written report request to the Central Review Team.

    Situations may arise where WA Police officers attending a death, or those with investigative responsibility, may directly request information about a child and their family from Department staff. Where this occurs, you must refer the request to the SCPU.

    For further information refer to the Reciprocal Child Protection Procedures – State Coroner of Western Australia (and in related resources).

    The Ombudsman

    The Ombudsman reviews investigable child deaths including the circumstances in which they occur. An investigable death is defined in the Parliamentary Commissioner Amendment Act 2009

    The Ombudsman also identifies patterns or trends in relation to child deaths and may make recommendations about ways to prevent or reduce deaths. 

    The Central Review Team notifies the Ombudsman of all reportable deaths by providing a copy of the Child Death Notification  and the Child Death Notification – Response.  

    The Ombudsman reviews investigable child deaths. If the death does not meet the criteria for an investigable death, it can be reviewed at the Ombudsman's discretion. 

    Non-reportable child deaths

    Non-reportable child deaths are those deaths which do not meet the criteria of a reportable death as defined in the Coroner's Act 1996, and are usually 'expected' deaths. For example the deaths of infants born very prematurely or the deaths of terminally ill children.

    The Ombudsman gathers information on non-reportable deaths from the Department of Health and the Registry of Births, Deaths and Marriages and provides this information to the Central Review Team on a monthly basis. The Central Review Team undertakes system checks on the child who has passed away and their family members, to determine the nature of Communities' involvement with the family.

    Where the child and/or their family were known to Communities, the Central Review Team prepares a Child Death Notification – Response and provides this to the Ombudsman and internal stakeholders as detailed above for reportable deaths. 

    Children's Court of Western Australia

    If there are ongoing civil and/or criminal matters at the Children's Court for the deceased child in the CEO's care then complete the Notification of Death of a Young Person Form (In related resources).  The form should be immediately emailed to – childrenscourt@justice.wa.gov.au . This will formally instruct the Children's Court of the death and enable them to manage any ongoing legal proceedings.

    You should contact Legal and Business Services if the deceased child was involved in legal matters. 

    Where a child in the CEO's care dies and has pending or active legal matters, notify Legal and Business Services. Progression of the Child Death Notification will be managed accordingly.


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    Responding to contact from family

    The death of a child is a traumatic, painful and difficult time for a parent.  Parents (particularly those whose child was in the CEO's care) may have many questions about the circumstances and causes of their child's death.  Staff are requested to refer all enquiries received from parents or persons acting on behalf of parents to the counselling staff at the Coroner. 

    The Coronial Counselling Service has been established to facilitate communication between the next of kin and all other parties and to provide counselling and support at this difficult time. 

    The counselling service can be contacted on: 

    08 9425 2900 or 1800 671 994. 

    You should advise the SCPU of any request for information about the death of a child from an external source, including parents or persons acting on their behalf.

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