The 2-day-old male child was born on May 10, 2022, at approximately 22-23 weeks gestation, weighing only 0.554 kg (1.22 lbs). Both the mother and the child tested positive for cocaine at the time of birth. The infant was born with multiple medical issues, described as "limp and pale," and was intubated and placed on a ventilator. The child was described as "critically ill." On May 12, 2022, the child went into cardiopulmonary failure and was pronounced deceased at 10:59 PM. The death was attributed to cardiorespiratory failure, hypertension, respiratory distress, extreme prematurity (borderline viability), Grade 3 intraventricular hemorrhaging, and hyperkalemia. The official manner of death was ruled Natural. The attending physician reported the death was the result of medical complications related to severe prematurity and was unable to determine if the cocaine exposure contributed to the prematurity or the death.
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)?
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 states that "Both the subject mother and subject child tested positive for cocaine" at the time of birth. The report also notes under the infants section that the child was born "Drug exposed." The mother also disclosed she "had taken 6 codeine pills in the days leading to the birth." These constitute clear prenatal substance exposure.
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?
Individuals Involved
Was an adoptive parent or guardian involved in the death?
Was a biological father involved in the death?
Was a biological mother involved in the death?
The fatality report states the mother tested positive for cocaine at the time of birth and admitted to taking non-prescribed codeine pills before delivery. The child was born at 22-23 weeks gestation, cocaine-positive, and died from complications of extreme prematurity. However, the attending physician stated that "due to the subject child's severe prematurity, they were unable to determine if the subject child's cocaine positivity contributed to the prematurity or to the death." The investigation was unfounded and the manner of death was ruled Natural. The mother's substance use is central to the circumstances but causation was not 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?
The fatality report explicitly states the child "was born premature at 22-23 weeks gestation" and "weighed .554 kg (1.22 lbs.) at the time of the birth." Extreme prematurity (borderline viability) is listed as a contributing factor to the death.
Is there a history of child protection reports prior to death (for this child or siblings)?
The fatality report documents multiple prior SCR reports involving the surviving siblings: an 04/12/2022 report alleging Educational Neglect for the 14-year-old sibling, an 08/17/2020 report alleging Inadequate Guardianship and Parents Drug/Alcohol Misuse for both siblings, and the mother was "listed as a subject on 1 SCR report more than 3 years prior to the fatality" regarding allegations of Inadequate Guardianship and Educational Neglect for her 14-year-old cousin.
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?
Is an intellectual disability of the parent/caregiver referenced?
Is the mental health of the parent/caregiver referenced?
The fatality report states the mother "was referred to services for mental health and substance misuse issues." Mental health services were also listed as "Provided After Death" in the services table.
Is a history of arrests or criminal charges for the parent/caregiver referenced?
Is substance use by the parent/caregiver referenced?
The fatality report states the mother "tested positive for cocaine" at the time of the subject child's birth. The mother also "did disclose she had taken 6 codeine pills in the days leading to the birth" and "denied she had a prescription for the narcotic pain medication." The case was opened "due to concerns for the subject mother's substance misuse."
Notable Details
The fatality report reveals a notable systemic issue: "ACS attempted to file an Article 10 petition requesting court ordered supervision, preventive services, random drug screening, and substance misuse treatment; however, the court was only accepting filings for other requests at that time." This indicates a court access barrier that prevented ACS from obtaining court-ordered supervision. Additionally, across three separate SCR reports (05/10/2022, 04/12/2022, and 08/17/2020), ACS repeatedly failed to notify the father of the surviving siblings, constituting a recurring compliance failure regarding 18 NYCRR 432.2(b)(3)(ii)(f) and 18 NYCRR 432.13(e)(2)(i)(a)-(d).
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