Library: Policy

340:75-3-140. Child Abuse and Neglect Information System (CANIS) also known as KIDS

Revised 9-15-20

(a) Legal Base for KIDS.The Child Abuse and Neglect Information System, also known as KIDS, is a permanent, computerized record-keeping system maintained by Child Welfare Services, per Section 1-2-108 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-2-108)that requires the maintenance of all reports of child abuse, sexual abuse, and neglect made pursuant to the provisions of the Oklahoma Children's Code.Only authorized Oklahoma Department of Human Services (DHS) staff may inquire and report to the information system.

(b) DHS may charge a fee, up to $35.00, for each CANIS search conducted for a prospective guardian of a child not in DHS custody and all other household members 18 years of age and older. The court receives a background check for a prospective guardian and all other household members 18 years of age and older, consisting of a review of a national fingerprint-based criminal background check, a search of the Oklahoma Department of Corrections' files maintained per the Sex Offenders Registration Act, and a search of the child abuse and neglect information system maintained for review by authorized entities by the DHS, per 30 O.S. § 2-101.

(c) A CANIS search is conducted by DHS for any person making application to become a court-appointed special advocate (CASA) volunteer or to be employed by the local CASA program, per 10A O.S. § 1-8-102. • 1 through 3

INSTRUCTIONS TO STAFF 340:75-3-140

Revised 9-15-20

1.Purpose of Child Abuse and Neglect Information System (KIDS).The purpose of the KIDS system is to:

(1) provide central storage of information pertaining to reports of child abuse and neglect in Oklahoma;

(2) serve as a tracking system for reports of child abuse and neglect; and

(3) provide raw data for statistical analysis of child abuse and neglect reports.

2.(a) Inquiring and reporting to KIDS.Only authorized Oklahoma Department of Human Services (DHS) staff may inquire and report to the information system.Authorized staff and functions are listed in (1) through (4) of this subsection.

(1) Child Welfare Services (CWS) staff, assessing or investigating reports of suspected child abuse and neglect, must inquire and make reports to the information system.

(2) DHS foster and adoptive home staff must inquire into the information system to determine if any persons in the household, applying to become a foster or adoptive home, were involved in any child abuse or neglect allegations assessed or investigated by DHS.

(3) Reasons CWS staff may inquire into the information system are:

(A) for internal administrative purposes;

(B) to respond to inquiries from persons who, as a part of their official duties, have responsibilities directly connected with child abuse laws, prosecution, or delivery of services, such as the district attorney, law enforcement, or another state's child protective services (CPS) agency; or

(C) to respond to a non-custodial parent's inquiry about a child abuse assessment or investigation involving his or her child.The inquiring parent must provide verification of his or her identity and that he or she is the child's parent.Verification is in the form of a written, notarized statement or other proof, including the child's birth certificate, court order, or other such document.

(i) When there is a pending investigation or other current CWS involvement with the parent's child, the parent is referred to the assigned CWS specialist and supervisor.

(ii) When the parent is aware that he or she was the subject of a previous assessment or investigation for which the parent did not receive notification of the assessment conclusions or investigative findings, the appropriate letter of conclusions or findings, per Oklahoma Administrative Code (OAC) 340:75-3-520(b), is sent to the parent.

(iii) The parent is advised that a court order is required to release any other confidential CWS information except in the circumstances in this Instruction.

(4) Child Care Services (CCS) licensing staff may inquire into the information system to determine if any person who signs the application for family child care home license or the owner of a child care facility has had a previous report of child abuse, neglect, or both.CCS staff may inquire only when the applicant submits a signed Form 07LC004E, Request for License – Child Care Facility.

(5) Office of Client Advocacy has access to KIDS to document reports of abuse and neglect in above-foster care settings.

(b) Assessment or investigation inquiry and reporting.CWS staff involved in child abuse assessments or investigations follow the procedures outlined in (1) through (3) of this subsection for inquiring and reporting to the information system.

(1) CWS staff must inquire into the information system on each report of suspected child abuse, neglect, or both, as soon as possible after receiving the report.CWS staff or authorized clerical personnel access this information by checking KIDS.

(2) The CWS specialist enters a record of all child abuse and neglect assessments or investigations on KIDS.Assessments or investigations determined to be the result of an exercise of reasonable parental discipline are not maintained as a permanent record in the information system, per OAC 340:75-3-140 Instructions to Staff #2.All other assessments or investigations are permanently maintained.When there is an existing or ongoing assessment or investigation and a new report regarding the family is received, the report is entered into KIDS.

(3) When an assessment or investigation shows the reported incident is the result of reasonable parental discipline, the CPS Programs Unit is notified by KIDS.A review of the assessment or investigation is conducted by CPS Programs staff.If CPS programs staff agrees the determination was made in accordance with CPS guidelines, the district office is notified through KIDS that the referral and investigation information will be expunged.Expungement arrangements are made by CPS Programs staff.

(c) All entries on KIDS related to the documentation of the assessment or investigation, particularly in the KIDS Abuse/Neglect Information and Investigation Findings screens, are considered the information system, per the Oklahoma Children's Code.

3.Inquiries from non-DHS entities and out-of-state CPS agencies.All inquiries and requests for child abuse and neglect background searches or placement assessment for safety planning purposes from non-DHS entities within Oklahoma and from out-of-state district attorney offices, law enforcement agencies, CPS agencies, or other entities are referred to the CWS CPS Programs Unit for search purposes and response.