Unnamed Child
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CANDID ID: NY_22_2257
AGE
Infant
STATE
New York
DATE OF DEATH
8/25/2022
MEDIA
Not Available
DEATH RECORDS (M.E.R.)
Not Available
STATE REPORTS (F.R.)
SUMMARY OF DEATH
A 2-month-old female was placed on her father's bed to nap with 2-3 pillows propped around her instead of in the available pack-and-play crib. The father left the child to watch television and clean their shelter residence. Approximately 1-2 hours later, he found the infant unresponsive, lying on her stomach with her cheek against the mattress. The father performed CPR and called 911. EMS responded, continued resuscitation, and transported the child to the hospital, where she was placed on a ventilator after return of spontaneous circulation. Brain death exams were performed over subsequent days, and the child was pronounced dead on August 25, 2022. The child had been born two months earlier testing positive for cocaine, opiates, and methadone after the mother used illegal substances throughout pregnancy. The medical examiner reported the cause of death would most likely be undetermined, noting multiple possible contributing factors including the positive toxicology at birth and the unsafe sleep environment. ACS substantiated the allegation of Inadequate Guardianship against the father for failing to adhere to safe sleep practices.
Contexts/Conditions

Is there any mention of child drug ingestion or overdose?

Is there any mention of a drowning incident (either intentional or accidental)?

Is there any mention of a firearm incident?

Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?

The fatality report describes the father leaving the 2-month-old infant unattended on an adult bed with pillows for an extended period. The report states: "SF went to watch TV, and then he began to clean and ended the video call with BM. SF said 1-2 hours elapsed before SF noticed SC had rolled over. SF checked on SC, and she was unresponsive." The father left a 2-month-old infant on an unsafe surface without monitoring her for 1-2 hours. ACS substantiated the allegation of Inadequate Guardianship against the father. While the unsafe sleep environment is the primary concern, the extended period without checking on the infant also constitutes a supervision issue.

Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)

Is there any mention of malnutrition, starvation, or dehydration?

Is there any mention of medical neglect?

Is there any mention of a motor vehicle crash or incident?

Is there any mention of a murder-suicide incident?

Is there any mention of outdoor elements (including hot car deaths)?

Is there any mention of prenatal substance exposure (including fetal alcohol syndrome or neonatal abstinence syndrome)?

The fatality report explicitly documents prenatal substance exposure and neonatal withdrawal. The SCR report from 06/23/2022 states: "The mother admitted to using cocaine and heroin throughout her pregnancy. SC tested positive for cocaine, opiates, and methadone and had experienced withdrawal symptoms. As a result, SC required extended observation in the Neonatal Intensive Care Unit." Additionally, under the "Infants Under One Year Old" section, the box for "Used illicit drugs" during pregnancy is checked, and the infant was noted as "Born with a positive toxicology" and "Exhibiting withdrawal symptoms."

Is there any mention of sexual abuse?

Is there any specific mention of shaken baby or abusive head trauma?

Is there any mention of prolonged abuse or torture (including restraints, captivity)?

Is there any mention of an unsafe sleeping environment?

The fatality report explicitly identifies unsafe sleep as a contributing factor. The presenting information states: "It was believed the unsafe sleep situation contributed to the death." The Executive Summary further details the unsafe conditions: "The father placed the child's blanket on the bed, propped 2-3 pillows around her to prevent her from rolling, and placed the child down to nap on her back." ACS substantiated the allegation of Inadequate Guardianship against the father "as he failed to provide a minimum degree of care in that he did not adhere to safe sleep practice." Additionally, "ACS observed a pack and play with safe sleep pamphlets taped to the wall next to the pack and play in the home," indicating the father had safe sleep resources available but placed the child on an adult bed with pillows instead.

Individuals Involved

Was an adoptive parent or guardian involved in the death?

Was a biological father involved in the death?

The fatality report identifies the father as an "Alleged Perpetrator" in the household composition and the SCR fatality report. ACS substantiated the allegation of Inadequate Guardianship against the father: "ACS substantiated the allegation of Inadequate Guardianship against the father as he failed to provide a minimum degree of care in that he did not adhere to safe sleep practice." He was the person who placed the child in the unsafe sleep environment that led to her becoming unresponsive.

Was a biological mother involved in the death?

The mother's direct role in the death is unclear. The household composition lists the mother as "No Role" and the presenting information states "The role of the mother was unknown." She was in inpatient substance abuse treatment at the time of the fatal incident. However, the Medical Examiner explicitly noted that the child's prenatal substance exposure could have been a contributing factor: "The ME reported SC being born with a positive toxicology could be a cause of death." Since the mother admitted to "using cocaine and heroin throughout her pregnancy" and the child was born with a positive toxicology, the mother's prenatal substance use was identified by the ME as a possible contributing factor to the death, though no definitive causal link was established.

Was a day care worker, babysitter, or nanny involved in the death?

Was a female paramour or friend involved in the death (e.g., girlfriend, stepmother)?

Was a foster parent involved in the death?

Was a male paramour or friend involved in the death (e.g., boyfriend, stepfather)?

Was another adult relative involved in the death? (e.g., grandfather, aunt)

Was a sibling involved in the death?

Child Characteristics

Was the child adopted?

Was the child homeschooled (including "cyberschooling") or taken out of school?

Was the child in foster care at the time of the incident?

Was the child living with relatives at the time of the incident (but not parents)?

Is there any mention of a neurological developmental child disability? (e.g., autism, intellectual disability, nonverbal)

Is there any mention of a physical child disability? (e.g., feeding tube)

Is there any mention of prematurity or low birthweight?

Is there a history of child protection reports prior to death (for this child or siblings)?

The fatality report documents CPS investigative history prior to the child's death. An SCR report dated 06/23/2022 was filed regarding the subject child at 1 day old for "Parents Drug / Alcohol Misuse," which was substantiated. Additionally, an SCR report dated 11/10/2020 was filed regarding the half-sibling for "Inadequate Guardianship" and "Parents Drug / Alcohol Misuse," both substantiated against the mother. The report also notes: "Did the child have a history of alleged child abuse/maltreatment? Yes" and "Were there any siblings ever placed outside of the home prior to this child's death? Yes."

Does the child have a history of foster care (but not in care at time of incident)?

Is there a history of a sibling death (separate incident from this death)?

Parent/Caregiver Factors

Was an adult charged or arrested for the child's death?

Is domestic violence by the parent/caregiver referenced?

Is there any mention that the death occurred in a temporary shelter or while homeless?

The fatality report explicitly states: "At the time of the child's death, she resided in a shelter with her father." Additionally, the report describes events at the shelter: "SF brought SC to the shelter lobby for additional assistance. Shelter staff called 911 as well, and EMS met SF in the lobby." The household composition confirms they lived in a shelter, and shelter staff were interviewed as part of the investigation.

Is an intellectual disability of the parent/caregiver referenced?

Is the mental health of the parent/caregiver referenced?

The fatality report references the mother's mental health in the context of the half-sibling's 11/10/2020 CPS report RAP review: "The RAP did not reflect that there were MH concerns or that the BM was diagnosed with a mental illness; however, BM indicated she felt depressed and had prior diagnoses of depression and anxiety."

Is a history of arrests or criminal charges for the parent/caregiver referenced?

Is substance use by the parent/caregiver referenced?

The fatality report extensively documents substance use by the parents/caregivers. The mother's substance abuse is well-documented: "The mother admitted to misusing substances since the age of 19 and that she was unable to easily stop using drugs. The mother admitted to using cocaine and heroin throughout her pregnancy." She "tested positive for cocaine, opiates, cannabis, and methadone at the time of delivery" and "was inpatient for substance abuse treatment at the time of the fatal event." Regarding the father, "The staff reported SF and BM were known to use drugs and that SF was actively misusing substances," though "SF completed a drug screen for ACS, which was negative for all substances."

Notable Details

The fatality report reveals several systemic compliance failures across multiple CPS investigations involving this family. Notably, the mother had prior terminations of parental rights, which were not reflected in the RAP scoring across multiple investigations. Plans of Safe Care were not completed for either the subject child or the half-sibling despite both being born with positive toxicologies, violating 17-OCFS-LCM-03 & 18-OCFS-LCM-06. Notices of Indication were repeatedly not provided to subjects across multiple investigations. The fatality report also notes that following the child's birth, the case planning agency for the half-sibling "missed the opportunity to engage with the mother when ACS located her." A plan amendment was not completed following the child's death as required. Additionally, the ME discussed with ACS "whether a 2-month-old could roll over; however, no conclusion on its possibility was reached," raising an unresolved forensic question about the father's account of events. The child also received Narcan during resuscitation, which may suggest concern about substance exposure. These systemic issues indicate repeated patterns of non-compliance that affected oversight of this family across multiple investigations.