Although an infrequent occurrence, a child may die while in care. Needless to say, this is very traumatic for the family of the child, the foster family and the agency. As is the case with any circumstance such as this, it may be somewhat difficult to think of all the things that need to be done.

CPS/Special Investigator Intervention — The death of a child in your home is immediately reported to the child’s Case Manager, or the Supervisor or Director if the Case Manager cannot be contacted. Deaths involving children in DHR/DFCS’ custody are immediately relayed to DFCS management staff and the assigned area Field Director in the child’s county of residence. An internal DFCS review team examines the circumstances and reported cause of the child’s death, as well as all relevant case information, decisions, and actions involving CPS. Law enforcement is also involved in investigating the death of a child in care.

To provide additional direction in this process, a group of foster parents and an agency staff person developed a set of general guidelines that are included in this section for your information. This information may be very beneficial if the need should arise.

Responsibility of the agency – If parental rights have been terminated or if the birth parents are financially unable or unavailable to provide for the child’s burial, the agency will assume responsibility for the costs involved. A maximum of $1,000.00 is available from state funds to assist with burial expenses. Sometimes, the child has additional funds that may be used toward burial. The services, while usually simple, can be planned in good taste, respecting both the deceased child and those who are left to mourn. It is the responsibility of the case manager to ensure the planning of appropriate services by working closely with the birth parents, the foster family, and the funeral home. Planning includes arranging for a clergyman, as desired, to conduct the services and planning the funeral program. 

Responsibility of the Case Manager – The child’s Case Manager will be supportive and helpful to those who have had a meaningful and/or legal relationship with the child. This includes relatives (birth parents, siblings and other relatives) and foster parents (current and former). The focus of the Case Manager’s responsibility is to inform the appropriate persons of the death, to understand and respect their grief and to assist the birth parents in planning an appropriate service. This would include making them aware of the foster parent’s interest in attending the service or in participating in some other way. 

If the birth parents are not available, the Case Manager will initiate plans for the burial service and other procedures that need to be completed. It is anticipated the child’s Case Manager and other staff and service providers who have recently worked closely with the child or family may desire to attend the services. You or DFCS staff may also want to contribute toward flowers or make some other donation in memory of the child.

Responsibility of the Birth Parents – The birth parents retain the right to plan the burial services of the child. If financially able to do so, they will assume responsibility for all expenses related to the services. The Case Manager will assist them in planning, if requested to do so. If parental rights have been terminated or if parents cannot be located or refuse to participate, and the agency has custody, the agency has the duty to assume responsibility of planning services. As the child’s foster parent or former foster parent, you will be given the opportunity to participate in the planning, should you make such a request. 

Rights of the Foster Parents – Foster parents have no legal responsibility in regard to the burial of a child. However, as primary caretaker of the deceased child, you do have the responsibility of cooperating with the agency in the required investigation of the child’s death and any surrounding circumstances, if applicable. You do have a right to express your sympathy and grief in appropriate ways, in keeping with the desires and wishes of the birth parents. You may want to attend the funeral, send flowers, or make a donation in memory of the child in some other way. Foster parents should be aware that the birth parents may react to the loss of their child by becoming very hostile to you, the agency, and the hospital or medical staff. Don’t hesitate to seek support from the child’s worker or your own foster home worker, if necessary.

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