October 28, 2024

Keeping the Public in the Dark: How Federal and State Laws and Policies Prevent Meaningful Disclosure About Child Maltreatment Fatalities and Near Fatalities

By Marie Cohen

At least 1,800 children die from abuse and neglect every year, and the total is probably considerably greater. Between a third and a half of these deaths may involve families that were already known to Child Protective Services through previous reports of maltreatment. In addition, an unknown number of children are severely injured due to maltreatment every year. Legislators, advocates, and the public need timely information about the circumstances leading to these events so they can identify policy and practice changes necessary to protect children.

Federal law requires every state to have a policy that provides for publicly disclosing findings or information about child fatalities or near fatalities resulting from child abuse or neglect. However, the federal requirement is worded vaguely and has never been interpreted in regulations.

For Lives Cut Short, I reviewed state disclosure laws and policies for child maltreatment fatalities and near fatalities to describe the disclosure policy landscape as of 2024. I found that most states have laws or policies providing for the release of information on child fatalities and near fatalities due to maltreatment, but some of these are vaguely worded, and some have provisions that hinder public access to critical information about these tragic events. Twelve states allow but do not require the release of information about these incidents. Only 16 states have laws or policies that require releasing some information without request, and some of them release only minimal information.

Congress should change federal law to clarify current language and establish parameters for states in interpreting the law. Absent change at the federal level, states should amend their own policies to clarify terms and eliminate exceptions that violate the goal of transparency, require prompt notifications of maltreatment fatalities and near fatalities reported to agencies, and make comprehensive information available on request for all such cases.

Read the full report below.