Overview
A “near death” or “near fatality” is defined under section 106 (b)(4)(A) of the Child Abuse Prevention and treatment Act (CAPTA) as "an act that, as certified by a physician, places the child in serious or critical condition." For example, if hospital records reflect that the child's condition is "serious" or "critical," this would be considered a “near death” or "near fatality" under CAPTA.
The state team, county teams, and CIRT do not currently review near deaths. Near death review is being explored for inclusion in the review process in the future.
Near deaths are, at times, reviewed at ODHS, Child Welfare as part of an internal discretionary review process. Specifically, when a CIRT is not required under OAR 413-017-0060 and ORS 419B.024, and Child Welfare receives a report of abuse resulting in a child death or serious physical injury (near death) of a child, the ODHS Director or designee has the discretion to order an internal review of the incident.