{"report_id":257,"form_id":"22","user_id":81,"organization_id":13,"question_id":"355","question_type":"Free_Text","text_answer":"LP1: Contributing to the delay in child protection receiving medical records was that the staff sought to exhaust all options when evidence gathering prior to requesting a court order to obtain the records.\r\nLP1:Needed time to resolve and clarify the goal conflict again, delay to receiving the records was influenced by the complexity of a MN hospital not being able to release medical records immediately regarding a non-related child without a court order. The hospitals interpretation of statute governing Child Protection Investigation data was not broad enough to release data for another non-related child's injuries, including MN Statute 626.556 Sub. 10 (i) 3 & Statutes 13.384 and 144.291 to 144.298, and other relevant data privacy laws like HIPAA. The hospital was not able to make recommendations for what contact\/visitation between the non-custodial biological father and the child, as the information in their records was protected.\r\nWI's interpretation of data privacy also contributed to staff not being able to readily receive records. A difficulty exists in accessing information about non-custodial parents due to limitations defined in various legislative statutes and data privacy laws. The limitations impact child welfare practice, specifically in CP investigations when the delay in receiving records is not aligned with the urgency information is needed during an investigation to ensure safety of children.\r\nLP2: Contributing to interviews being conducted separate by the CP staff and the LE investigator was that the child fatality occurred after hours, where a contracted after hours CP crisis response staff responded to the hospital where law enforcement was at the time. The after-hours crisis response protocol met the mandate in Statute for 24\/7 CP coverage and DHS guidance around 24\/7 coverage, and was the local agencies developed and established protocol for reports that come in to CP after hours and require an immediate\/24 hour response in order to meet face to face timeline. The role of the after-hours staff was to respond and observe the victim child, assess safety and risk, and develop a safety plan with the non-offending caregiver. It was not to coordinate a joint investigation with law enforcement. The after-hours staff documented the face to face contact with the alleged victim child, and the decision making that went into the developed safety plan with the non-offending parent for the daytime CP investigator to review when assigned to the case in the morning.\r\nThere is a perception that child protection's purpose and role is different than law enforcement's purpose and role at the time of first response to a child death, in addition to each work disciplines role and purpose that occurs the next day and thereafter following the immediate response. Law Enforcement's role is to take the lead in the child death investigation the moment a child death is learned. Law enforcement's purpose is to seek evidence to understand what happened and who committed the crime and time is of the essence to ensure public safety. The role of the after-hours CP staff is to respond and observe the victim child, assess immediate safety and risk concerns, and develop a safety plan with the non-offending caregiver. It is not to coordinate future joint investigative efforts with law enforcement, as there is statutory language in 626.556 which allows CP to use law enforcement's investigative data in their CP investigation.  \r\nNoting that CP interviews take more time when a child death occurs, and a sensitive approach is used, prioritizing the trauma the non-offending caregiver is experiencing, as well as when making contact with collateral contacts. The broader topics covered in CP interviews required to complete the CP investigation are perceived as not being efficient or beneficial for the purpose of law enforcement's investigation. Collaboration between Law Enforcement and Child Protection occurred in the days after immediate response to the child death, sharing information with one another learned in each of their separate interviews conducted.","created_by":81,"updated_by":81,"updated_at":"5\/26\/2021 10:36:19 am","created_at":"5\/26\/2021 10:36:19 am","id":28172}