unnamed girl
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CANDID ID: NY_23_3939
AGE
1   year
STATE
New York
DATE OF DEATH
5/2/2023
MEDIA
DEATH RECORDS (M.E.R.)
Not Available
STATE REPORTS (F.R.)
SUMMARY OF DEATH
On May 2, 2023, a 1-year-old girl died of acute drug intoxication from fentanyl, para-fluorofentanyl, and xylazine after ingesting drugs left accessible by her parents in their motel room in Sullivan County, New York. The parents and the maternal grandmother had been smoking crack cocaine in the presence of the child and her 3-month-old sibling. The mother then left the motel to obtain more drugs, the grandmother departed, and the father continued using drugs before passing out, leaving the children unsupervised with drugs within reach. When the mother returned, she found the child unresponsive on the floor in full cardiac respiratory arrest. Despite life-saving efforts by first responders, the child was pronounced dead at the hospital at 8:58 PM. Both parents were charged with second-degree manslaughter, the grandmother was charged with endangering the welfare of a child, and the surviving sibling was placed in foster care. The family had an extensive history with child protective services, including multiple investigations involving parental drug use and children born with positive drug toxicologies, but the children were never removed from the parents' care prior to the fatality.
Contexts/Conditions

Is there any mention of child drug ingestion or overdose?

The fatality report explicitly states: "the child was able to access and ingest fentanyl and overdosed" and the cause of death was "acute drug intoxication including fentanyl, para-fluorofentanyl, and xylazine."

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 falling asleep while caring for the children with drugs accessible: "the father fell asleep, leaving the drugs accessible to the children." Lack of Supervision was substantiated against both parents. The mother also "left the motel room" and the grandmother "left afterward, leaving the children with the father" who "continued to use drugs and passed out."

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

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

The fatality report references food inadequacy and nutritional concerns. The 1/12/23 SCR reports alleged "there was no food in the home" and Inadequate Food/Clothing/Shelter was alleged against both parents (though unsubstantiated). Additionally, regarding the sibling: "The sibling's weight had improved since his placement in foster care," suggesting nutritional concerns while in the parents' care.

Is there any mention of medical neglect?

The fatality report contains multiple Lack of Medical Care allegations. In the 3/20/23 investigation: "Lack of Medical care was substantiated regarding the parents' delay in obtaining x-rays for the sibling." Additionally, "Medical records showed that the sibling was referred to an otolaryngologist while in the care of the parents and three scheduled appointments were missed." The 1/12/23 and 2/5/23 reports also alleged Lack of Medical Care regarding the deceased child's severe rash.

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 documents prenatal substance exposure for both the deceased child and her sibling. Regarding the deceased child, the 12/26/2021 SCR report states: "at the time of the subject child's birth, the mother tested positive for cocaine and methadone" and "The child was jittery from withdrawal." Regarding the sibling, the 1/12/23 report states: "the SS tested positive for cocaine" and "The sibling tested positive for cocaine, fentanyl, methadone, morphine, and benzodiazepines and was hospitalized due to 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 documents unsafe sleeping practices. It states: "The parents were using the car seat as a sleep space for the SS and admitted to co-sleeping. The SF disregarded the safe sleep guidance and continued to practice unsafe sleep." Additionally, during the 5/2/22 investigation: "a Pack 'N Play was observed with a broken railing and the record did not reflect a new one was offered or that safe sleep guidance was provided." Multiple compliance issues were cited for failure to provide safe sleep education.

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. The household composition lists "Father" with role "Alleged Perpetrator." He was charged with manslaughter in the second degree. He "continued to use drugs and passed out," leaving drugs accessible to the child. All allegations including DOA/Fatality, Inadequate Guardianship, Lack of Supervision, Parents Drug/Alcohol Misuse, and Poisoning/Noxious Substances were substantiated against him.

Was a biological mother involved in the death?

The fatality report identifies the mother as an alleged perpetrator. The household composition lists "Mother" with role "Alleged Perpetrator." She was charged with manslaughter in the second degree. She and the father "smoked crack cocaine in the presence of the children" and she "left the motel to get more drugs." All allegations were substantiated against her.

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)

The fatality report states the maternal grandmother was present and involved. "The parents and grandmother smoked crack cocaine in the presence of the children." The grandmother was "charged with endangering the welfare of a child." She left the motel room after smoking crack, leaving the children with the impaired father.

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?

The fatality report states regarding the deceased child's birth: "the child was born at 37 weeks gestation" in the context of the mother having "only had one prenatal visit." While 37 weeks is at the boundary of prematurity (preterm is defined as before 37 completed weeks), the report notes this gestational age as a relevant concern alongside limited prenatal care and withdrawal symptoms.

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

The fatality report documents extensive CPS history. There were multiple SCR reports prior to the fatality: 12/26/2021, 5/2/2022, 1/12/2023, 2/5/2023, and 3/20/2023, all involving the deceased child and/or siblings. The mother also had a 2018 ACS investigation regarding a half-sibling, which was indicated for Parent's Drug/Alcohol Misuse and Inadequate Guardianship.

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)?

The fatality report states: "The father reported he had a child who died that resided in Connecticut. The father reported that while he believed the mother of that child was responsible for the death, the coroner ruled the death to be the result of SIDS." This child would be a half-sibling of the deceased child.

Parent/Caregiver Factors

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

The fatality report states both parents were charged with manslaughter in the second degree: "the parents were charged with manslaughter in the second degree and the grandmother was charged with endangering the welfare of a child. The parents were incarcerated pending the trial related to their charges."

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: "The child resided with the mother, father, and 3-month-old sibling in motel housing provided by SCDFS." The family was living in a motel, which is a form of temporary shelter/housing.

Is an intellectual disability of the parent/caregiver referenced?

Is the mental health of the parent/caregiver referenced?

The fatality report references the father's mental health. During the 5/2/2022 investigation review, it states: "The safety assessment at the time of case closure did not reflect the concerns about the parents' drug use and the SF's mental health" and "SCDFS requested that the SF submit to a mental health evaluation." The compliance issue notes that there was no updated information regarding "the father's recommendation to attend a mental health evaluation."

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

The fatality report references the mother's incarceration prior to the fatal incident, separate from the manslaughter charges arising from the child's death. During the 5/2/2022 investigation, the report states: "SCDFS implemented a safety plan due to drug use by the parents, their homelessness, and the SM's incarceration." This incarceration predates the fatal incident and suggests prior criminal involvement.

Is substance use by the parent/caregiver referenced?

Substance use by the parents is extensively documented throughout the fatality report. The Executive Summary states: "the parents admitted to using fentanyl while caring for the children." The parents' history includes multiple positive drug screens, and "The parents and grandmother smoked crack cocaine in the presence of the children." The report also notes the parents were "generally non-compliant" with substance abuse treatment and "continued to test positive for illicit substances at their substance abuse treatment program."

Notable Details

The fatality report documents significant systemic failures by SCDFS that preceded the child's death. The report states: "SCDFS reported to the Westchester Regional Office that they conferenced with their legal department on three occasions, 1/23/23, 2/6/23, and 2/24/23, and were unable to move forward with the removal of the children following those conferences." Despite the children being born with positive toxicologies, repeated positive drug screens by the parents, and ongoing noncompliance with services, the children were never removed. The first preventive services case was opened on 1/28/22 when it was documented that "without the constant support of CPS, Public Health Nursing, and Preventive caseworkers, the infant is at imminent risk of placement," yet it was "closed at the parents' request on 2/28/22 with no apparent change in case circumstances." The second preventive services case opened 2/8/23 had a CPS program choice but "did not have a CPS worker/monitor assigned until 5/5/23" (after the death). Multiple CPS investigations were unfounded despite documented evidence of drug use, and one investigation (2/5/23) was closed with no casework activity at all, simply noting "Case closed as not able to consolidate." The substance abuse treatment provider also had "serious concerns for the safety of the children" but SCDFS documented "several attempted contacts to the program without any returned calls." Additionally, an osteopath who examined the surviving sibling after the fatality noted the sibling's muscles had formed in a way indicating prolonged periods of being left in a car seat without being picked up, and that the sibling had been repeatedly pulled by his left arm.