On August 1, 2023, a 2-month-old female infant was found unresponsive in her parents' bed in Cortland County, New York. Earlier that morning, around 6:00-6:30 AM, the subject father fed the infant formula and then placed her between himself and the subject mother under a blanket in their bed, where all three fell back to sleep. At approximately 8:00 AM, when the father's alarm went off, he discovered the blanket was covering the infant's face and body and she was not moving, with formula coming from her mouth and nose. Emergency services were called at 8:18 AM, and the father performed CPR until EMS arrived. The child was transported to the hospital and pronounced deceased at 10:06 AM. The official manner of death was ruled an accident, caused by suffocation due to an unsafe sleep environment. The infant typically slept in her own bassinet, but on this occasion the parents chose to co-sleep. Notably, the infant had been born with a positive fentanyl toxicology approximately three months prior, and both parents had a documented history of substance use and prior CPS involvement.
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?
The fatality report states: "The 13yo half-sibling was removed from the SM while residing in Duval County, Florida due to medical neglect and failure to thrive." Failure to thrive is a recognized condition relating to malnutrition that was present in the family history.
Is there any mention of medical neglect?
The fatality report states under Known CPS History Outside of NYS: "The 13yo half-sibling was removed from the SM while residing in Duval County, Florida due to medical neglect and failure to thrive." Medical neglect is explicitly named as a condition that occurred regarding a sibling of the deceased child.
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 states in the Child Information section: "Infant was born: ☒ With a positive toxicology." Additionally, the 5/9/2023 SCR report summary states: "on 5/5/23, the SM gave birth to the SC. The SM and the child's toxicology was positive for fentanyl at the time of delivery."
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 states: "the manner of death was accident, caused by suffocation, due to or as a direct consequence of an unsafe sleep environment." The SF described co-sleeping with the child: "the SF placed the SC under a blanket between himself and the SM and the parents continued sleeping." When the SF checked later, "the blanket was over her face and body and she was not moving." Furthermore, a prior CPS report (5/9/2023) documented unsafe sleeping: "the SM slept with the child in an unsafe sleeping arrangement on 5/8/23. The SM had the infant in her lap as she and the child slept, and the SM had an open pocketknife in her hand."
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, Male, 38 Year(s)" as an "Alleged Perpetrator" in the household composition. The SF directly contributed to the death by co-sleeping with the child: "the SF placed the SC under a blanket between himself and the SM and the parents continued sleeping." Allegations of DOA/Fatality and Inadequate Guardianship against the father were substantiated.
Was a biological mother involved in the death?
The fatality report identifies the "Mother, Female, 34 Year(s)" as an "Alleged Perpetrator" in the household composition. The SM co-slept with the child in the same bed where the child suffocated. Allegations of DOA/Fatality and Inadequate Guardianship against the mother were substantiated.
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 an extensive CPS investigative history spanning multiple years and multiple counties. For the deceased child specifically, an SCR report was filed on 5/9/2023 alleging Inadequate Guardianship and Parents Drug/Alcohol Misuse, based on the child's positive fentanyl toxicology at birth and an unsafe sleeping arrangement. For siblings, reports were filed on 5/12/2023, 12/11/2022, 5/17/2022, 12/10/2021, and 7/26/2021, among others, with allegations including Inadequate Guardianship, Educational Neglect, Parents Drug/Alcohol Misuse, and Lack of Supervision. The report also notes CPS history outside of NYS where "The 13yo half-sibling was removed from the SM while residing in Duval County, Florida due to medical neglect and failure to thrive."
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?
The OCFS review of the 5/12/2023 SCR report states: "The BM had mental health diagnoses and had history of DV with an active stay away OP in place." The BM in this context refers to the SM (identified as "Other Adult - Mother, Female, 34 Years"). Additionally, a 2/14/2011 case states: "Cayuga County opened a Family Services Stage for the BM of 14yo SS and SF due to concerns for domestic violence, substance abuse and unsanitary conditions within the home," involving the SF directly.
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 OCFS review of the 5/12/2023 SCR report states: "The BM had mental health diagnoses and had history of DV with an active stay away OP in place." The BM referenced is the SM (the 34-year-old mother), confirming she had documented mental health diagnoses.
Is a history of arrests or criminal charges for the parent/caregiver referenced?
Is substance use by the parent/caregiver referenced?
The fatality report contains extensive references to substance use by the parents/caregivers. The 5/9/2023 SCR report states: "The SM and the child's toxicology was positive for fentanyl at the time of delivery. Additionally... the SF and SM tested positive again after completing a drug screen which indicated everyday use." The 12/11/2022 report alleged "the SM and the SF were involved in selling, distributing, and using drugs in the presence of the children." The fatality report also states "CCDDS offered alcohol and substance abuse services to the mother due a history of substance use."
Notable Details
Several systemic issues are notable. First, just three months before the infant's death, a CPS report (5/9/2023) documented that both the SM and the newborn SC tested positive for fentanyl at delivery and that the SM had already been observed co-sleeping unsafely with the infant, "The SM had the infant in her lap as she and the child slept, and the SM had an open pocketknife in her hand." Despite this, "Cortland County discussed this case with their legal department and were unable to take legal action." Second, during a prior investigation (5/12/2023) when the SM was pregnant with this child, a compliance issue was identified because "safe sleep/education or information" was not provided to the "soon-to-be parent." This was flagged as a required action for Cayuga County. Third, the family had extensive CPS history across multiple counties (Cayuga, Cortland, Tioga) and states (Florida), with multiple compliance failures identified, including failure to interview subjects, inaccurate risk assessments, and missed collateral contacts. Despite substantiated drug use by both parents at the time of the child's birth, the system did not intervene to protect the child.
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