Library: Policy
Revised 2-1-22
(a) Legislative intent. Legislative intent, per Section 1-1-102 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-102) states, "…it is the purpose of the laws relating to children alleged or found to be deprived to…intervene in the family only when necessary to protect a child from harm or threatened harm."
(b) Definitions. Terms used by Oklahoma Human Services (OKDHS) Child Welfare Services not found in the Oklahoma Children's Code are defined in Oklahoma Administrative Code 340:75-3-120 Instructions to Staff. The following words and terms, when used in the Oklahoma Children's Code, 10A O.S. §§ 1-1-105, 1-2-105, and 1-6-105; 21 O.S. §§ 748, 748.2; and 1040.13a; and in this Subchapter have the following meanings unless the context clearly indicates otherwise:
(1) "Abandonment" means the:
(A) willful intent by words, actions, or omissions of the person responsible for the child's (PRFC) health, safety, or welfare not to return for a child;
(B) failure to maintain a significant parental relationship with a child through visitation, family time, or communication, such as incidental or token visits or communication, which are not considered significant; or
(C) failure to respond to notice of deprived proceedings. • 2
(2) "Abuse" means harm or threatened harm by a PRFC to a child's health, safety, or welfare including non-accidental physical or mental injury or sexual abuse or sexual exploitation; however, nothing prohibits a parent from using ordinary force as a means of discipline including, but not limited to, spanking, switching, or paddling.
(3) "Age-appropriate" or "developmentally-appropriate" means:
(A) activities or items that are generally accepted as suitable for children of the same age or maturity level or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and
(B) in the case of a specific child, activities or items that are suitable for that child based on the developmental stages he or she attains with respect to his or her cognitive, emotional, physical, and behavioral capacities.
(4) "Assessment" means a comprehensive review of child safety and evaluation of family functioning and protective capacities conducted in response to a child abuse or neglect referral that does not allege a serious and immediate safety threat to a child.
(5) "Behavioral health" means mental health, substance use or abuse, or co-occurring mental health and substance use or abuse diagnoses, and the continuum of mental health, substance use or abuse, or co-occurring mental health and substance use or abuse treatment.
(6) "Child" means any unmarried person younger than 18 years of age, including an infant born alive.
(7) "Children's emergency resource center" means a community-based program that may provide:
(A) emergency care and a safe, structured, homelike environment or a host home for children providing food, clothing, shelter, and hygiene products to each child served;
(B) after-school tutoring;
(C) counseling services;
(D) life-skills training;
(E) transition services;
(F) assessments;
(G) family reunification;
(H) respite care;
(I) transportation to or from school, appointments with health care professionals, visitations or family time, court, and social or school activities, when necessary; and
(J) a stable environment for children in crisis who are in OKDHS custody, when permitted under OKDHS policies and regulations; or
(K) care for children voluntarily placed in the program by a parent or custodian during a temporary crisis.
(8) "Child safety meeting" means the collaborative decision-making process OKDHS engages in to address each child's needs related to safety and, when the child's condition warrants a safety intervention including, but not limited to, a change in placement, and:
(A) those involved in the collaborative decision-making process include, at a minimum, appropriate OKDHS staff, the child's parents, and, when the parent requests, an advocate or representative; and
(B) to protect the safety of those involved and to promote efficiency, OKDHS may limit participants as determined to be in the child's best interests.
(9) "Child with a disability" means any child who has a physical or mental impairment that substantially limits one or more of the child's major life activities, or who is regarded as having such impairment by a competent medical professional.
(10) "Commercial sex" means any form of commercial sexual activity, such as sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display, per 21 O.S § 748.
(11) "Custodian" means an individual other than a parent, legal guardian, or Indian custodian, to whom legal custody of the child was awarded by the court. As used in the Oklahoma Children's Code, the term "custodian" does not mean OKDHS.
(12) "Dependency" means a child who is homeless or without proper care or guardianship through no fault of his or her parent, legal guardian, or custodian.
(13) "Deprived child" means a child:
(A) who is for any reason destitute, homeless, or abandoned;
(B) who does not have the proper parental care or guardianship;
(C) who has been abused, neglected, or is dependent;
(D) whose home is an unfit place for the child by reason of depravity on the part of the child's parent, legal guardian, custodian, or other person responsible for the child's health or welfare;
(E) who is in need of special care and treatment because of the child's physical or mental condition, and the child's parents, legal guardian, or other custodian is unable or willfully fails to provide such special care and treatment. A child in need of special care and treatment includes, but is not limited to, a child who at birth tests positive for alcohol or a controlled dangerous substance and who, pursuant to a drug or alcohol screen of the child and an assessment of the parent, is determined to be at risk of harm or threatened harm to his or her health or safety;
(F) with a disability deprived of the nutrition necessary to sustain life, or deprived of the medical treatment necessary to remedy or relieve a life-threatening medical condition, in order to cause or allow the child's death when such nutrition or medical treatment is generally provided to similarly situated children without a disability or children with disabilities; provided that no medical treatment is necessary when, in the reasonable medical judgment of the attending physician, such treatment would be futile in saving the life of the child;
(G) who, due to improper parental care and guardianship, is absent from school, per 70 O. S. § 10-106, when the child is subject to compulsory school attendance;
(H) whose parent, legal guardian, or custodian for good cause desires to be relieved of custody;
(I) who was born to a parent whose parental rights to another child were involuntarily terminated by the court and the conditions that led to the finding, which resulted in the termination of the parental rights of the parent to the other child, have not been corrected; or
(J) whose parent, legal guardian, or custodian subjected another child to abuse or neglect or allowed another child to be subjected to abuse or neglect and is currently a respondent in a deprived proceeding.
(14) "Drug-endangered child" means a child who is at risk of suffering physical, psychological, or sexual harm as a result of the use, possession, distribution, manufacture, or cultivation of controlled dangerous substances or the attempt of any of these acts by a PRFC, per this Section and 10A O.S. § 1-1-105.
(A) This term includes circumstances wherein the PRFC's substance use or abuse interferes with his or her ability to parent and provide a safe and nurturing environment for the child.
(B) Per 10A O.S. § 1-2-101, every physician, surgeon, or other health care professional including doctors of medicine, licensed osteopathic physicians, residents and interns, any other health care professional, or midwife involved in the pre-natal care of expectant mothers or the delivery or care of infants who test positive for alcohol or a controlled dangerous substance, must promptly report the matter to the OKDHS. This includes infants who are diagnosed with neonatal abstinence syndrome or fetal alcohol spectrum disorder (FASD).
(C) Whenever OKDHS determines that a child meets the definition of a "drug-endangered child" or was diagnosed with neonatal abstinence syndrome or FASD, and the referral is assigned, OKDHS conducts an investigation of the allegations and does not limit the evaluation of the circumstances to an assessment, per 10A O.S. § 1-2-102.
(D) Whenever OKDHS determines an infant is diagnosed with neonatal abstinence syndrome or FASD, OKDHS develops a plan of safe care that addresses the infant and affected family member or caregiver and, at a minimum, their health and substance use or abuse treatment needs.
(15) "Emergency custody" means court-ordered custody of a child prior to the child's adjudication.
(16) "Failure to protect" means failure to take reasonable action to remedy or prevent child abuse or neglect, and includes the conduct of a non-abusing parent or guardian who knows the identity of the abuser or the person neglecting the child, but lies, conceals, or fails to report the child abuse or neglect, or otherwise take reasonable action to end the abuse or neglect.
(17) "Foster parent" means any person maintaining a therapeutic, emergency, specialized-community home, tribal, kinship, or foster family home responsible for providing care, supervision, guidance, rearing, and other foster care services to a child.
(18) "Harm or threatened harm" means any real or threatened physical, mental, or emotional injury or damage to the body or mind of a child that is not accidental including, but not limited to:
(A) sexual abuse or sexual exploitation;
(B) neglect; or
(C) dependency.
(19) "Heinous and shocking abuse" means any aggravated physical abuse that results in serious bodily, mental, or emotional injury. Serious bodily injury means, but is not limited to, injury that involves:
(A) substantial risk of death;
(B) extreme physical pain;
(C) protracted disfigurement;
(D) loss or impairment of a function of a body member, organ, or mental faculty;
(E) an injury to an internal or external organ or the body;
(F) bone fractures;
(G) sexual abuse or sexual exploitation;
(H) chronic abuse including, but not limited to, physical, emotional, or sexual abuse or sexual exploitation that is repeated or continuing;
(I) torture including, but not limited to, inflicting, participating in, or assisting in inflicting intense physical or emotional pain upon a child repeatedly over a period of time for the purpose of coercing or terrorizing a child, or for the purpose of satisfying the perpetrator's or another person's craven, cruel, or prurient desires; or
(J) any other similar aggravated circumstance.
(20) "Heinous and shocking neglect" means neglect that includes, but is not limited to:
(A) chronic neglect that includes, but is not limited to, a persistent pattern of family functioning in which the caregiver has not met or sustained the child's basic needs resulting in harm to the child;
(B) neglect that resulted in a diagnosis of the child as a failure to thrive;
(C) an act or failure to act by a parent that results in:
(i) serious physical or emotional harm;
(ii) sexual abuse or sexual exploitation;
(iii) the death or near death of a child or sibling; or
(iv) presents an imminent risk of serious harm to a child; or
(D) any other similar aggravating circumstance.
(21) "Human trafficking" means modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual's commercial sex act or labor.
(22) "Human trafficking for commercial sex" means:
(A) recruiting, enticing, harboring, maintaining, transporting, providing, or obtaining, by any means, another person through deception, force, fraud, threat, or coercion for purposes of engaging the person in a commercial sex act;
(B) recruiting, enticing, harboring, maintaining, transporting, providing, purchasing or obtaining, by any means, a minor for purposes of engaging the minor in a commercial sex act; or
(C) benefiting, financially or by receiving anything of value, from participating in a venture engaged in an act of trafficking for commercial sex.
(23) "Infant" means a child 12 months of age and younger.
(24) "Investigation" means a response to an allegation of abuse or neglect that involves a serious and immediate threat to the safety of the child making it necessary to determine:
(A) the current safety of the child and the risk of subsequent abuse or neglect;
(B) if child abuse or neglect occurred; and
(C) if the family needs prevention- and intervention-related services.
(25) "Minor in need of treatment" means a child in need of mental health or substance use or abuse treatment as defined by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.
(26) "Multidisciplinary child abuse team" means any team established, per 10A O.S. § 1-9-102 of three or more persons who are trained in the prevention, identification, investigation, prosecution, and treatment of physical and sexual child abuse and who are qualified to facilitate a broad range of prevention- and intervention-related services and services related to child abuse. For purposes of this definition, "freestanding" means a team not used by a child advocacy center for its accreditation;
(27) "Near death" means a child is in serious or critical condition as a result of abuse or neglect verified by a physician, registered nurse, or other licensed health care provider. Verification of the medical condition of a child may be given in person or by phone, email, fax, or mail.
(28) "Neglect" means:
(A) the failure or omission by the PRFC to provide the child with:
(i) adequate nurturance and affection, food, clothing, shelter, sanitation, hygiene, or an appropriate education;
(ii) medical, dental, or behavioral health care;
(iii) supervision or appropriate caretakers to protect the child from harm or threatened harm any reasonable and prudent PRFC would be aware; or
(iv) special care made necessary for the child's health and safety by the child's physical or mental condition;
(B) the failure or omission by the PRFC to protect the child from exposure to:
(i) the use, abuse, possession, sale, or manufacture of illegal drugs;
(ii) illegal activities; or
(iii) sexual acts or materials that are not age-appropriate; or
(C) abandonment.
(29) "Person responsible for the child's health, safety, or welfare" means:
(A) the child's parent, legal guardian, custodian, or foster parent. A custodian is an individual other than a parent, legal guardian, or Indian custodian to whom legal custody of the child was awarded by the court, per 10A O.S. § 1-1-105;
(B) a person 18 years of age and older with whom the child's parent cohabitates or any other adult residing in the child's home;
(C) an agent or employee of a public or private residential home, institution, facility, or day-treatment program, per 10 O.S. § 175.20;
(D) an owner, operator, or employee of a child care program, per 10 O.S. § 402, whether the home is licensed or unlicensed; or
(E) a foster parent maintaining a therapeutic, emergency, specialized-community, tribal, kinship, or foster family home responsible for providing care, supervision, guidance, rearing, and other foster care services to a child.
(30) "Physical abuse" means an injury resulting from punching, beating, kicking, biting, burning, or otherwise harming a child. Even though the injury is not an accident, the PRFC may not have intended to hurt the child.
(A) The injury may result from:
(i) extreme physical punishment inappropriate to the child's age or condition;
(ii) a single episode or repeated episodes that range in severity from significant bruising to death; or
(iii) any action including, but not limited to, hitting with a closed fist, kicking, inflicting burns, shaking, or throwing the child, even when no injury is sustained, but the action places the child at risk of grave physical danger.
(B) Minor injury of a child older than 10 years of age is not considered physical abuse unless the actions that caused the injury placed the child in grave physical danger.
(31) "Plan of safe care" means a plan developed for an infant with neonatal abstinence syndrome or a FASD, upon release from healthcare provider care that addresses the infant's and mother's or caregiver's health and substance use or abuse treatment needs.
(32) "Protective custody" means custody of a child taken by law enforcement or designated employee of the court, without a court order.
(33) "Reasonable parental discipline" means parental use of ordinary force as a means of discipline including, but not limited to, spankings, switching, or paddling that does not result in bodily injury to the child.
(34) "Risk" means the likelihood that an incident of child abuse or neglect will occur in the future. • 2
(35) "Risk factors" means family behaviors and conditions that suggest the caregivers are likely to maltreat their child in the future.
(36) "Safety analysis" means OKDHS action taken in response to a report of alleged child abuse or neglect that may include an assessment or investigation based upon an analysis of the information received according to priority guidelines and other OKDHS-adopted criteria.
(37) "Safety evaluation" means an OKDHS evaluation of a child's situation, using a structured, evidence-based tool to determine if the child is subject to safety threats.
(38) "Safety threat" means the threat of serious harm due to child abuse or neglect occurring in the present or in the very near future that without another person's intervention, a child would likely or in all probability sustain severe or permanent disability or injury, illness, or death.
(39) "Sexual abuse" means any sexual activity, including sexual propositioning between the PRFC and child or any sexual acts committed or permitted by the PRFC including, but not limited to:
(A) rape;
(B) sodomy;
(C) incest; and
(D) lewd or indecent acts or proposals to a child. • 10
(40) "Sexual exploitation" means any person 18 years of age and older or a PRFC:
(A) allowing, permitting, encouraging, or forcing a child to engage in prostitution, as defined by law; or
(B) allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic, as defined by law, photographing, filming, or depicting of the child in those acts.
(41) "Sibling" means a biologically or legally-related brother or sister of a child. This includes an individual who satisfies at least one of the conditions in (A) and (B) with respect to a child. The individual:
(A) is considered by state law to be a child's sibling; or
(B) would be considered a sibling under state law, except for a termination or other disruption of parental rights, such as a parent(s)' death.
(42) "Trafficking in persons" means sex trafficking or severe forms of trafficking in persons.
(A) "Sex trafficking" means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.
(B) "Severe forms of trafficking in persons" means:
(i) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act is not 18 years of age; or
(ii) the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
(43) "Youth" means a child 13 through 17 years of age.
(c) Substantiation of child abuse and neglect allegations. Specific guidelines in conjunction with the definitions in this Section are utilized in substantiating abuse or neglect. • 1
INSTRUCTIONS TO STAFF 340:75-3-120
Revised 2-1-24
1. Definitions throughout Subchapter 3. Oklahoma Human Services (OKDHS) definitions throughout Subchapter 3 not defined in the Oklahoma Children's Code are defined in Instructions to Staff (ITS) # 2 through # 50 of this Section. Certain definitions contain related examples and substantiation protocol.
2. (a) Abandonment. "Abandonment" is broadly defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) and Oklahoma Administrative Code (OAC) 340:75-3-120; however, subparagraphs B and C of the statute as they relate to a significant parental relationship and failure to respond to notice of deprived proceedings do not necessarily apply when making safety decisions. For the purpose of accepting or screening-out abandonment reports for assessment or investigation, a child is considered abandoned when a person responsible for the child's (PRFC) health, safety, or welfare:
(1) leaves the child with no stated or implied plans to resume care or custody and the caregiver is unwilling or unable to provide appropriate care for the child;
(2) refuses to have the child in his or her care and custody and does not make appropriate arrangements for the child's care; or
(3) arranges substitute care for the child; and
(A) fails to return for the child;
(B) efforts to locate the PRFC fail, and more than 24 hours pass; and
(C) the caregiver is unwilling or unable to continue to provide appropriate care for the child.
(b) Abandonment examples. Examples of abandonment may include, but are not limited to, when the:
(1) PRFC refuses to pick the child up from a temporary caretaker, inpatient facility, detention facility, or school after a request to do so and does not make appropriate alternative plans for the child's care;
(2) PRFC does not return to pick the child up from an appropriate, temporary caregiver and the caregiver is no longer able or willing to care for the child;
(3) child is homeless and without access to a parent or legal guardian to meet the child's need for shelter, clothing, food, or medical or behavioral health care;
(4) child is found home alone for an extended period of time with no access to an adult and the PRFC cannot be contacted or located; or
(5) child has no stable home and is staying at multiple places or relocating often with no access to an adult and the PRFC cannot be contacted or located.
(c) Substantiating abandonment.
(1) When determining a finding regarding an abandonment allegation, the child welfare (CW) specialist considers:
(A) the PRFC's explanation of the incident to determine the reason the PRFC did not resume custody of the child;
(B) if mitigating circumstances exist, such as a teen parent who is in OKDHS custody and who is unable, but not unwilling, to provide care for the child;
(C) the duration and chronicity of the PRFC's absence;
(D) the efforts by the caregiver to locate the PRFC; and
(E) the impact of the PRFC's absence on the child.
(2) In general, to substantiate abandonment, one of the factors in (A) through (E) of this paragraph is present. The PRFC:
(A) leaves the child and there are no stated or implied plans by the PRFC to resume care or custody of the child;
(B) arranges for a substitute caregiver and the substitute caregiver is:
(i) unwilling or unable to continue to care for the child. The child left with an appropriate caregiver is not abandoned unless the caregiver refuses to continue to provide care; and
(ii) unable to locate the PRFC and more than 24 hours have passed;
(C) fails to make an effort to retrieve the child from the substitute caregiver and more than 24 hours have passed;
(D) refuses to provide or assume care of the child or make appropriate alternative arrangements for the child; or
(E) is unable to provide care for, or assume care of, the child .
(3) It is not considered abandonment if a legal guardian is no longer able to provide care for a child due to extreme circumstances, such as the guardian’s health condition or a child’s extreme violent behavior to household members, provided the guardian has sought means to ensure an appropriate caregiver is available, including engagement with the courts.
3. (a) Abuse examples. Examples of abuse may include, but are not limited to, circumstances when the child is:
(1) shocked by a cattle prod or any type of electronic device, such as a stun gun or taser;
(2) shot with a BB gun or air gun as a form of discipline;
(3) choked, or otherwise has an airway restriction as a form of discipline, intimidation, or punishment;
(4) diagnosed with abusive head trauma or shaken baby syndrome;
(5) intentionally burned as a form of discipline, intimidation, or punishment; or
(6) held under water or submerged in water as a form of punishment.
(b) Substantiating abuse.
(1) When determining a finding regarding an abuse allegation, the CW specialist considers the:
(A) impact on the child, related to the child's age, physical condition, and vulnerability to the abuse;
(B) PRFC's pattern of abusive behavior; and
(C) duration of the abuse.
(2) Prior to substantiating abuse not otherwise defined in the definitions of OAC 340:75-3-120 and 340:75-3-120 ITS under harm or threatened harm, physical abuse, sexual abuse, or failure to protect, one of the factors in (A) or (B) of this paragraph are present.
(A) The PRFC's actions resulted in the child's death, physical or emotional harm, sexual abuse, or sexual exploitation.
(B) The child is harmed or threatened with substantial harm as the result of the PRFC's behavior.
(3) A child does not have to have an injury, and the PRFC does not have to express intent to harm, for abuse to be substantiated.
4. Accepting the report for assessment or investigation. "Accepting the report for assessment or investigation" means the screening process was completed; the report meets the definition of abuse, neglect, or both, is within the scope of child protective services (CPS), and will be assigned.
5. Acute traumatic events. "Acute traumatic events" means events that are usually short-lived but result in overwhelming feelings of terror, horror, or helplessness.
6. Administrative investigation. "Administrative investigation" means an internal investigation the advocate general initiates at the request of the OKDHS Director or the Chief of Staff upon receipt of a notice of the death or near death of a child known to Child Welfare Services (CWS) or in other circumstances.
7. Advocate general. "Advocate general" means the administrative head of the OKDHS Office of Client Advocacy.
8. Child safety meeting (CSM). A CSM is a collaborative decision-making process for determining the child's needs and the best intervention strategy to meet the child's safety needs.
9. Chronic traumatic events. "Chronic traumatic events" means events that occur repeatedly over an extended period of time and result in a range of responses, including intense feelings of fear, loss of trust in others, decreased sense of personal safety, guilt, or shame.
10. Complex trauma. "Complex trauma" describes a child's exposure to multiple or prolonged traumatic events and the impact of this exposure on the child's development. Complex trauma occurs within the primary caregiving system and involves the chronic neglect, physical or sexual abuse or sexual exploitation of a child, or psychological maltreatment, as well as domestic violence that begins in early childhood.
11. (a) Confinement. "Confinement" means unreasonable restriction of the child's mobility, actions, or physical functioning, such as tying the child to a fixed or heavy object, tying limbs together, or forcing the child to remain in a closely confined area that restricts the child's physical movement.
(b) Confinement examples. Confinement may include, but is not limited to:
(1) locking a child in a closet or small room;
(2) tying one or more of the child's limbs to a bed, chair, or other object except as authorized by a licensed physician;
(3) tying a child's hands behind his or her back;
(4) putting the child in a cage or its likeness, such as a crib with a cover over the top;
(5) forcing the child to live in a small space without proper ventilation, lighting, or access to facilities; or
(6) locking the child in inappropriate living quarters, such as a basement, laundry room, storm shelter, or bathroom for extended periods of time to prevent the child from interacting or participating in daily activities with other members of the family.
(c) Substantiating confinement.
(1) When determining a finding regarding a confinement allegation, the CW specialist considers the:
(A) child's age and vulnerability;
(B) child's development and functioning;
(C) child's behavioral health;
(D) child's physical limitations;
(E) child's length of confinement; and
(F) PRFC's intent behind the child's confinement.
(2) In general, to substantiate confinement, one of the factors in (A) through (D) of this paragraph is present.
(A) The PRFC restrains the child's mobility, physical function, or limbs by purposeful action over a period of time.
(B) The child is forced to remain in a confined area through physical force or threat of harm of a physical nature for an unreasonable amount of time.
(C) The child is unable to remove himself or herself from confinement due to physical abilities, development, or other limitations.
(D) The PRFC restricts the child's limbs through bondage, taping, or other means and the child is unable to remove himself or herself from the confinement. Age-appropriate swaddling of an infant is not considered confinement.
12. Contributing factors to abuse or neglect. "Contributing factors to abuse or neglect" means any action or omission that negatively affects the PRFC's ability to demonstrate protective capacities, either directly or indirectly, as it relates to a child's safety and well-being.
13. Deprived child.
(1) The CW specialist consults with the CPS Program Unit the district director, or both on how to proceed when confronted with a case where a child is deprived necessary medical treatment to sustain life for the sole reason that the parent, legal guardian, or person with custody or control of a child, in good faith, selects and depends upon spiritual means alone through prayer, per the tenets and practice of a recognized church or religious denomination.
(2) Evidence of material, educational, or cultural disadvantage as compared to other children is not sufficient to prove that a child is deprived.
14. (a) Domestic violence. "Domestic violence" means assaultive or coercive behaviors, such as physical, sexual, and psychological attacks; economic coercion against another adult, emancipated minor, or minor child who is family, a household member, domestic partner, or who is or was in a dating relationship.
(b) Domestic violence examples. Domestic violence may include, but is not limited to:
(1) physical assault upon a spouse, domestic partner, girlfriend, boyfriend, or other adult residing in the same household including, but not limited to:
(A) punching;
(B) striking with objects;
(C) hitting;
(D) slapping;
(E) choking;
(F) kicking;
(G) burning;
(H) cutting; or
(I) biting;
(2) harm or threatened harm to self or others as a means of control over an individual;
(3) imposed isolation from family, friends, and loved ones;
(4) not allowing access to family finances;
(5) verbally abusive or demeaning comments especially in the presence of others; (6) stalking; or
(7) forced participation in sexual acts.
(c) Substantiating domestic violence.
(1) When determining a finding regarding the allegation of exposure to domestic violence, the CW specialist considers the:
(A) child's age and vulnerability;
(B) severity of the incident; and
(C) protective capacities of the non-perpetrating PRFC, when applicable.
(2) In general, to substantiate domestic violence there:
(A) is an incident that results in physical harm to a member of the household;
(B) is assaultive or coercive behavior between adults when the child is in the environment that includes, but is not limited to:
(i) threats that involve the child;
(ii) choking the victim;
(iii) physical injury; or
(iv) the presence of weapons; or
(C) are safety threats to the child that pose:
(i) imminent or impending physical danger;
(ii) significant neglect; or
(iii) significant emotional harm as a result of the child listening to or witnessing the assaultive behavior.
15. (a) Educational neglect. "Educational neglect" means the child fails to attend school due pattern of failure to ensure the child is enrolled in, allowed to attend, assisted in attending school, or provided other means of education. Truancy or homeschooling does not necessarily constitute educational neglect.
(b) Educational neglect examples. Educational neglect may include, but is not limited to, when the PRFC:
(1) fails to enroll the child in school and does not provide an alternative means of education; or
(2) allows the child to be frequently tardy or absent from school with no just cause.
(c) Substantiating educational neglect.
(1) When determining a finding regarding an educational neglect allegation, the CW specialist considers whether the child is receiving an alternative means of education and when the child is not, considers the:
(A) PRFC's efforts to get the child to school or to provide other means of education;
(B) duration of the child's absence from school;
(C) reasoning for the child not being enrolled in school; and
(D) plan provided by the child, when appropriate, and the PRFC for the child's continued education.
(2) In general, to substantiate educational neglect one of the factors in (A) through (C) of this paragraph is present and all efforts were exhausted by the appropriate school district.
(A) The child fails to attend school or receive other means of education due to the PRFC's pattern of behavior.
(B) The PRFC does not access materials necessary for the child's education, such as homeschooling text books, Internet access, or tutors.
(C) The school district exhausts all available means to compel the child's attendance and the PRFC fails to respond.
16. (a) Failure to protect examples. Failure to protect may include, but is not limited to, the PRFC:
(1) leaving the child in the care of an inappropriate caretaker or with a caretaker with whom the PRFC does not have a long-standing relationship and abuse or neglect is perpetrated on the child by the caretaker;
(2) allowing the child to be left with a caretaker who previously harmed a child, the PRFC had knowledge of the previous abuse or neglect, and an incident of abuse or neglect is perpetrated on the child by the caretaker;
(3) remaining in an environment with the child where the child is or was abused or neglected by another caretaker; or
(4) permitting abuse or neglect to occur at the hands of another PRFC or caretaker.
(b) Substantiating failure to protect.
(1) When determining a finding regarding a failure to protect allegation, the CW specialist considers:
(A) the PRFC's knowledge of a potential safety threat to the child;
(B) the PRFC's overall attitude regarding the child's need for safety; and
(C) whether a reasonable adult could have predicted harm to the child in the situation. A reasonable person acts sensibly without serious delay and takes proper, but not excessive precautions.
(2) In general, to substantiate failure to protect either or both of the factors in (A) and (B) of this paragraph are present.
(A) The PRFC had knowledge of or could have predicted the child would be:
(i) in an unsafe situation; or
(ii) with an individual who has a history of abusive, neglectful, or violent behavior.
(B) The PRFC fails to show attention, care, or consideration for the child's need for safety.
(3) When someone other than the PRFC is the perpetrator of the abuse or neglect to the child and:
(A) the PRFC has protected, and will continue to protect the child, a ruled-out finding is made unless the CW specialist determines services are recommended to continue to ensure the child's protection; or
(B) it appears the abuse or neglect was attributable to the willful failure on the part of the PRFC to protect the child, a finding of substantiated failure to protect is appropriate.
17. Fetal alcohol spectrum disorder. "Fetal alcohol spectrum disorder" (FASD) means an overarching disorder that encompasses a range of possible diagnoses, including fetal alcohol syndrome (FAS), partial fetal alcohol syndrome, alcohol-related birth defects (ARBDs), alcohol-related neurodevelopmental disorder (ARND), and neurobehavioral disorder associated with prenatal alcohol exposure.
18. General counsel. "General counsel" means the administrative head of OKDHS Legal Services.
19. Impending danger. "Impending danger" means the presence of a threatening family condition that is:
(1) specific and observable;
(2) out-of-control;
(3) certain to happen in the next several days or reoccur in the foreseeable future; and
(4) likely to have a severe effect on a child. Refer to OAC 340:75-3-300 ITS.
20. Inadequate or dangerous shelter. "Inadequate or dangerous shelter" means the child is living in hazardous living conditions that could have a severe impact on the child's health or safety.
(1) Examples of inadequate or dangerous shelter may include, but are not limited to, a:
(A) young child living in a home with animal feces scattered throughout the home on a chronic basis;
(B) child living in a home with no working utilities and the child has no access to heat or cooling methods when warranted for extreme weather conditions;
(C) child living outdoors; or
(D) child living in a tent with no access to adequate protection from extreme heat or cold.
(2) Substantiating inadequate or dangerous shelter.
(A) When determining a finding regarding the allegation of inadequate or dangerous shelter, the CW specialist considers the:
(i) child's developmental functioning;
(ii) impact on the child related to the child's age, physical condition, and vulnerability to the conditions;
(iii) duration and frequency of the conditions;
(iv) resources available to the PRFC to improve the conditions; and
(v) factor that poverty alone does not constitute neglect.
(B) In general, to substantiate inadequate or dangerous shelter, the factors in (i) or (ii) of this paragraph are present.
(i) The PRFC does not provide basic shelter necessary for the child's health or safety due to the PRFC's behavior or refusal to use available resources.
(ii) The child is harmed or threatened with substantial harm as the result of the conditions.
21. Infant born alive. "Infant born alive" means an infant who is born alive at any stage of fetal development as certified by a physician.
22. (a) Lack of supervision. "Lack of supervision" means the PRFC failed to provide the child with the supervision required to keep the child:
(1) from hurting himself, herself, or others; or
(2) away from dangerous objects or situations.
(b) Examples of lack of supervision include, but are not limited to:
(1) leaving a young child alone without appropriate supervision or access to an appropriate caretaker;
(2) leaving a young child without appropriate supervision in a potentially dangerous or hazardous environment;
(3) not providing appropriate supervision to a young, disabled, or vulnerable child around roadways, bodies of water, or inside vehicles;
(4) allowing a young or vulnerable child to freely play at a park, playground, school, or other location without an appropriate caretaker present to supervise; or
(5) leaving a child with physical, mental, or emotional disabilities without appropriate access to an adult or responsible caretaker who is able to tend to the child's needs.
(c) Substantiating lack of supervision.
(1) When determining a finding regarding a lack of supervision allegation, the CW specialist considers the:
(A) child's developmental functioning;
(B) environment where the child is left unsupervised;
(C) duration and frequency the child is left without supervision;
(D) child's accessibility to a capable adult;
(E) PRFC's expectations of the child while child is alone;
(F) resources available to the PRFC to improve the supervision plan; and
(G) PRFC's ability to make child safety-related decisions.
(2) In general, to substantiate lack of supervision the factors in (A) or (B) of this paragraph are present.
(A) The child is placed in situations beyond the child's developmental ability to manage without competent supervision, guidance, or protection.
(B) The circumstances of the supervision plan are such that a reasonable person is expected to foresee that the child is placed in danger of physical harm, sexual abuse, or sexual exploitation.
23. (a) Medical child abuse. "Medical child abuse" formerly referred to as Munchausen Syndrome by Proxy or fabricated or induced Illness, means a type of child abuse where the PRFC fabricates or induces medical conditions in the child.
(b) Medical child abuse examples. Medical child abuse examples may include, but are not limited to, the PRFC:
(1) intentionally making the child ill through the administration of medications, chemicals, or harmful substances;
(2) reporting the child has a life-threatening condition without supporting medical evidence and continually seeking treatment for the condition to gain attention or sympathy;
(3) taking the child to multiple doctors, specialists, or both;
(4) demanding the child be placed on medications or receive treatment for an undiagnosed condition; or
(5) administering a multitude of over-the-counter medications to the child who is not officially diagnosed by a medical professional for a specific condition.
(c) Substantiating fabricated or induced illness. When determining a finding regarding a fabricated or induced illness allegation, the CW specialist obtains:
(1) all of the child's medical records;
(2) an opinion from a certified child abuse pediatrician stating the PRFC fabricated or induced the child's illness; and
(3) documentation from the PRFC's health provider, when available.
24. (a) Medical neglect. "Medical neglect" means failure to obtain medical attention, failure to treat a medical condition or withholding medical treatment or prescription medication of any type and the withholding may result in significant harm to the child. Withholding medical treatment or prescriptions is medical neglect when the:
(1) medical treatment is, in the opinion of a physician, required to safeguard the child from serious medical risk;
(2) child's medical condition is an emergency or a life-threatening condition, constituting such a serious risk to the child's health, safety, or welfare that a reasonable person would procure medical attention immediately and the PRFC does not do so;
(3) withholding, refusal to administer, or supply prescribed medications results in the child needing emergency medical services or results in the child suffering for a period of time that would have been prevented with proper administration of prescribed medications; or
(4) needed medical treatment is withheld from an infant born alive at any stage of fetal development or is withheld from an infant born with disabilities if the infant's life-threatening condition will most likely improve or be corrected with medical treatment, per OAC 340:75-3-430.
(b) Examples of medical neglect include, but are not limited to, the PRFC failing to:
(1) seek medical attention for the child with an injury, especially when the injury is to the child's head, face, ears, neck, stomach, or genitals;
(2) administer prescribed medications resulting in the child's prolonged suffering or needing emergency medical care;
(3) seek medical care for the child's prolonged illness; or
(4) consistently follow through with the physician's recommendations regarding the child's treatment and care.
(c) Substantiating medical neglect. In general, to substantiate medical neglect, the CW specialist consults with the medical personnel treating the condition in addition to any consulting medical personnel as to the condition and determines if any factors in (1) through (3) of this subsection is present.
(1) The child does not receive medical, dental, or behavioral health care for a documented serious health problem that, when untreated, may place the child in imminent or impending jeopardy of limitation, incapacitation, or death.
(2) The PRFC demonstrates a consistent refusal to obtain and follow through with specified medical care, including the administration and supply of prescribed medications.
(3) The child's health is significantly endangered by the PRFC's failure to obtain medical treatment or provide prescribed medications for the child.
25. (a) Mental injury – emotional abuse or neglect. "Mental injury - emotional abuse or neglect" means an injury to the child's intellectual or psychological capacity:
(1) as evidenced by observable and substantial impairment to the child's ability to function within the child's normal range of performance and behavior with regard to the child's culture; and
(2) resulting from a pattern of cruel or unconscionable acts upon the child, or statements made or permitted by the PRFC to be made to the child or within the child's environment.
(b) Mental injury – emotional abuse or neglect examples. Mental injury – emotional abuse or neglect examples include, but are not limited to:
(1) acts or repeated statements directed at the child that degrade or belittle the child;
(2) exposure to repeated violent or intimidating acts or statements that may or may not be directed at the child but have a harmful effect on the child;
(3) the PRFC ignoring or being psychologically unavailable to the child, such as acts ranging from lack of sustained attention to a barrier of silence;
(4) the PRFC fails to provide minimum levels of nurturing and shows little or no attachment to the child;
(5) the PRFC regularly ignores, rejects, or curses the child when the child requires the PRFC's assistance;
(6) the PRFC confuses the child's gender identity by forcing the child to dress in clothing inappropriate for the child's gender to shame the child;
(7) the PRFC exposes the child to maladaptive and harmful influences by:
(A) engaging in serious criminal activity with the child's full awareness;
(B) allowing or encouraging the child to engage in illegal acts; or
(C) exposing or forcing the child to participate in child trafficking;
(8) consistently refusing to permit any professional to assess the child's serious emotional or behavioral problems that may also be considered medical neglect; or
(9) the child witnessing chronic or highly volatile domestic violence.
(c) In general, to substantiate mental injury – emotional abuse or neglect, one or more of the factors in (1) through (3) of this subsection is present.
(1) The PRFC demonstrates a pattern of emotionally abusive or neglectful behavior causing the child extreme unpleasant mental reactions, such as terror, horror, grief, shame, or humiliation.
(2) A professional opinion from someone with skills in diagnosing behavioral health concerns indicates the PRFC's behavior causes the child's observable and substantial impairment of his or her intellectual or emotional functioning.
(3) There is cumulative documentation of the child's impairment and the PRFC's behaviors, such as:
(A) statements by the child and at least one competent witness;
(B) the PRFC's description of a typical family interaction;
(C) the PRFC's description of an attitude toward the child;
(D) collaborative evidence provided by collateral sources familiar with the family; or
(E) the CW specialist's observation and assessment of the child's behavior and demeanor.
(4) The CW specialist considers the child's age and maturity level when making a finding regarding mental injury – emotional abuse or neglect.
26. Medically fragile child. "Medically fragile child" means a child who exhibits either an acute life-threatening or a chronic, progressive health condition that puts the child at high risk for poor health or death. Rapid health deterioration occurs without continuous care and treatment. This includes, but is not limited to:
(1) Human Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Syndrome (AIDS);
(2) Type 1 diabetes;
(3) kidney dialysis; or
(4) incurable advanced stage/end of life diseases.
27. Minor Injury. "Minor injury" means belt marks, slap marks, or bruises on the child's buttocks, legs, shoulders, or arms that are not extensive, deep, or located on multiple sites as a result of discipline by the PRFC to a child 6 years of age and older. An example is fingertip bruising to the child's arm.
28. (a) Neglect.
(1) The child is neglected when the PRFC deliberately, or through exceptional lack of attention to the child's basic needs, causes the child to suffer emotionally or physically.
(2) Neglect involves either a chronic, long-standing problem that impacts several aspects of a child's life or is so severe that it is life threatening.
(3) Per 10A O.S. § 1-1-105, a child is not determined to be abused or neglected for the sole reason the parent, legal guardian, or person having custody or control of a child in good faith selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child. The court is not prevented from immediately assuming custody of a child, pursuant to the Oklahoma Children's Code, and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare.
(b) Neglect examples. Examples of neglect include, but are not limited to:
(1) dangerously inadequate supervision for the child;
(2) extremely hazardous living conditions for the child;
(3) the child's malnutrition;
(4) the PRFC's failure to obtain or provide critically essential medical, dental, or behavioral health care for the child;
(5) mental injury to the child;
(6) seriously inadequate physical care of the child;
(7) the child's exposure to sexual acts or age-inappropriate material;
(8) the PRFC's failure to protect;
(9) the PRFC's abandonment of the child; or
(10) threat of harm to the child.
(c) Substantiating neglect.
(1) When determining a finding regarding a neglect allegation, the CW specialist considers the:
(A) impact on the child related to the child's age, physical condition, and vulnerability to the conditions;
(B) PRFC's pattern of neglectful behavior;
(C) neglect's duration;
(D) resources available to the PRFC to assist the PRFC enhance his or her protective capacities; and
(E) factor that poverty alone does not constitute neglect unless the PRFC does not access known and readily available resources to prevent serious emotional or physical harm to the child.
(2) In general, to substantiate neglect the factors in (A) and (B) of this paragraph are present.
(A) The PRFC does not provide basic food, clothing, or shelter, supervision, or essential medical, dental, or behavioral health care necessary for the child's health or safety due to the PRFC's behaviors or refusal to use available resources.
(B) The child is harmed or threatened with substantial harm as the result of the PRFC's behavior.
(3) Neglect does not mean a child who engages in independent activities, except if the PRFC willfully disregards any harm or threatened harm to the child, given the child's level of maturity, physical condition, or mental abilities. Such independent activities include, but are not limited to:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining at home unattended for a reasonable amount of time;
(E) remaining in a vehicle if the temperature inside the vehicle is not, or will not, become dangerously hot or cold, except under the conditions described in 47 O.S. § 11-1119; or
(F) engaging in similar activities alone or with other children.
29. Neonatal abstinence syndrome. "Neonatal abstinence syndrome" (NAS), also referred to as "substance-affected newborn" or commonly known as withdrawal is caused by in utero exposure to legal or illegal drugs or substances.
30. Other Person In Home. "Other Person in Home" means a person who does not meet the definition of PRFC, sibling, alleged victim, alleged perpetrator, or third-party perpetrator due to not residing in the home, being a minor child who does not meet the definition of sibling or alleged victim or having a cognitive, physical, or emotional impairment that renders the person unable to provide basic care of himself or herself. An "other person in home" may include:
(1) a person diagnosed with dementia who is fully dependent on others in the home for care;
(2) a college student who is 18 or over, is visiting the home during a school break, and provides no care or supervision to the child;
(3) a person 18 or over who is diagnosed with a disability that prevents them from being able to provide basic care of himself, herself, or others;
(4) a person temporarily staying with family for a period of no more than six weeks, there is no expressed intent for the person to move in with or reside with the family, and the person does not provide care or supervision to the child; or
(5) a minor child who is not a sibling but resides in the home, for example a child under guardianship or a relative child who resides in the home under the care of the household PRFCs.
31. Substantiating physical abuse.
(1) When determining a finding regarding a physical abuse allegation, the CW specialist:
(A) determines if the child sustained a physical injury;
(B) assesses the injury's severity;
(C) obtains the PRFC's and the child's explanations for the injury; and
(D) determines the PRFC's intent when physically disciplining the child.
(2) In general, to substantiate physical abuse the factors in (A) and (B) of this paragraph are present.
(A) The child sustains a physical injury inflicted by the PRFC resulting in damage to the child's body from punching, beating, kicking, biting, burning, extreme physical punishment, or otherwise harming the child.
(B) The injury is inflicted non-accidentally by the PRFC.
(3) When the PRFC does not admit to inflicting the child's injury, one or more pieces of evidence in (A) through (C) of this paragraph are present.
(A) In the CW specialist's judgment, the injury is clearly consistent with abuse based on credible evidence gathered regarding the injury's cause.
(B) It is the opinion of medical personnel that the injury is consistent with abuse.
(C) A witness statement corroborates the child's statement of how the injury was inflicted.
(4) Physical abuse may be substantiated without the presence of an injury when the PRFC admits to an action that in the CW specialist's judgment, or based upon corroborating witness statements, constitutes the potential for substantial injury to the child, such as, the:
(A) child was hit in the face or head or received extreme physical punishment inconsistent with the explanation; or
(B) alleged action was inappropriate for the child's age or development.
32. Physical injury. "Physical injury" means temporary or permanent damage or impairment to the child's body caused by the PRFC.
33. Present danger. "Present danger" means an immediate, significant, and clearly observable family condition presently occurring and currently endangering or threatening to endanger a child. Refer to OAC 340:75-3-300 ITS.
34. Prevention- and intervention-related services. "Prevention- and intervention-related services" means services referred or recommended to the family by OKDHS to change a behavior or condition that caused or resulted in a safety threat or a substantiated report of abuse or neglect..
35. Protective capacity. "Protective capacity" means personal and caregiving behavioral, cognitive, and emotional characteristics specifically and directly associated with the ability to protect a child from harm or threatened harm and exist prior to CWS involvement. Caregiver protective capacities are specific qualities that are observable and believed to be a part of the way a PRFC acts, thinks, and feels that make him or her protective of a child. The PRFC's:
(1) diminished protective capacity is a reason CPS intervenes in a family; or
(2) sufficiently-enhanced protective capacity is a reason CPS no longer needs to be involved with a family.
36. Risk factors. "Risk factors" means family behaviors and conditions that suggest the PRFC is likely to abuse or neglect the child in the future. Refer to OAC 340:75-3-210 ITS for the six key questions related to risk factors addressed during the assessment of child safety.
37. Safe. "Safe" means a child is in an environment where there is no identifiable safety threat or a PRFC has sufficient protective capacities to prevent the child from being harmed.
38. Safety threshold. "Safety threshold" means the process that evaluates or measures family behavior to determine when impending danger exists.
(1) An evaluation or measurement of the safety threshold occurs when family conditions are:
(A) specific and observable;
(B) out-of-control and without intervention, abuse or neglect could occur in the near future;
(C) severe and imminent; and
(D) threatening to the safety of a vulnerable child due to the PRFC's behaviors.
(2) The threshold is compromised when family behaviors, conditions, or situations manifest in such a way that child safety is threatened.
(3) The safety threshold encompasses only those family conditions that are out of the control of a parent, caregiver, or others within the family. This includes situations where the parent, caregiver, or others are able to control conditions, behaviors, or situations, but are unwilling or refuse to exert control.
39. Serious abuse or neglect. "Serious abuse or neglect" means:
(1) abuse or neglect resulting in significant injury, such as burns, fractures, abusive head trauma, genital injuries, extensive deep bruising on multiple sites of the body, or internal injuries;
(2) abuse or neglect resulting in life-threatening consequences, such as failure-to-thrive conditions, lack of supervision resulting in significant injury or danger, extreme malnutrition or dehydration, medical neglect involving a life-threatening illness, or life-threatening conditions caused by the PRFC's impaired abilities resulting from substance use or abuse, mental illness, or medical or emotional conditions; and
(3) sexual abuse or sexual exploitation.
40. Substantiating sexual abuse.
(1) When determining a finding regarding the allegation of sexual abuse, the CW specialist considers the:
(A) child's statements, behaviors, or both that indicate sexual abuse;
(B) child's ability to describe or demonstrate the specific sexual acts in the context of the sexual abuse. The CW specialist needs to consider the child's age and developmental level when assessing the child's ability to describe or demonstrate context;
(C) witness statements consistent with the child's statement, behavior, or both; and
(D) written transmissions or other forms of technological communication that facilitate, encourage, offer, or solicit sexual conduct with a minor child by a PRFC.
(2) The three aspects explored regarding the child's statements and behaviors are listed in (A) through (C) of this paragraph.
(A) The child's ability to describe, verbally or behaviorally, the:
(i) sexual behavior by exhibiting sexual knowledge beyond what is expected for the child's developmental stage;
(ii) description of the sexual behavior from a child's viewpoint;
(iii) explicit accounts of sex acts; and
(iv) explicit accounts of proposals for sexual behavior through technological communication.
(B) Generally, a child may be able to provide three or more details about the context of the victimization, such as:
(i) where it happened;
(ii) when it happened;
(iii) what the perpetrator said to obtain the child's involvement;
(iv) where other family members were at the time of the victimization;
(v) what the child was wearing;
(vi) what pieces of the child's clothing were removed;
(vii) what the perpetrator was wearing;
(viii) what pieces of the perpetrator's clothing were removed;
(ix) the child's emotional state during the abuse, such as being scared, feeling bad, or being confused;
(x) if the perpetrator said anything about the child or perpetrator telling or not telling;
(xi) if the child told anyone; and
(xii) the reactions of the persons the child told.
(C) The child's statements and behaviors are explored regarding the child's affect or emotional reaction when recounting sexual abuse. Common emotional reactions to disclosure may include, but are not limited to:
(i) reluctance to disclose;
(ii) embarrassment;
(iii) anger;
(iv) anxiety;
(v) disgust;
(vi) sexual arousal; or
(vii) fear.
(3) Medical evidence of sexual abuse is seldom found in sexual abuse cases. The probability of medical findings is greater with younger children, acute abuse, and the availability of a skilled examiner. Most medical evidence is described as consistent with or suggestive of sexual abuse rather than conclusive.
(4) Complete confession by the perpetrator during the CW specialist's investigation rarely occurs. The perpetrator may:
(A) admit to some, but not all, sexual abuse described by the child victim. Typically, the admission is to lesser acts; or
(B) indirectly admit to the sexual abuse without directly stating that he or she sexually abused the child. For example, the perpetrator may say the child is not lying but does not admit his or her guilt.
(5) In general to substantiate sexual abuse, one or more of the factors in (A) through (D) of this paragraph are present. The factors include, the:
(A) child's statements and behaviors include the ability to describe or demonstrate specific sexual acts and the ability to describe the context of the sexual abuse;
(B) medical evidence;
(C) confession of the perpetrator, whether:
(i) a complete confession;
(ii) a partial confession; or
(iii) an indirect admission; or
(D) written transmissions or other forms of communication technology that facilitate, encourage, offer, or solicit sexual conduct with the child by a PRFC.
(6) A specific perpetrator does not need to be identified to substantiate sexual abuse.
(7) A child's recantation of a previous account of sexual abuse is not uncommon and does not automatically indicate the previous findings were inaccurate.
(8) Sexual behaviors that cause concern may include, but are not limited to:
(A) extreme preoccupation with masturbation;
(B) sexual interaction with peers that is not within normal developmental limits;
(C) sexual aggression toward younger or more naive children;
(D) sexually accosting older children or adults;
(E) seductive behavior in younger children; and
(F) demonstration of sexual behavior, knowledge, or statements about sexual activity that indicate the child may have been exposed to adult sexuality or actual sexual molestation. Sexual knowledge beyond what would be expected for a child's normal developmental stage may signal, in young children, possible sexual abuse, repeated exposure to adult sexuality, exposure to sexually explicit materials, or pornography.
41. Substantiating sexual exploitation.
(1) When determining a finding regarding a sexual exploitation allegation, the CW specialist considers the:
(A) child's statements, behaviors, or both that indicate sexual exploitation;
(B) child's ability to describe or demonstrate the specific lewd, obscene, or pornographic material in the context of the sexual exploitation; and
(C) witness statements consistent with the child's statements, behaviors, or acts.
(2) The aspects explored regarding the child's statements and behaviors are listed in (A) through (D) of this paragraph.
(A) The CW specialist considers the child's ability to describe verbally or behaviorally the:
(i) sexual behaviors or acts the child was encouraged, permitted, or allowed to engage in;
(ii) explicit accounts, from the child's perspective, of lewd, obscene, or pornographic material the child was either encouraged, permitted, or allowed to engage in; and
(iii) PRFC's knowledge of or involvement in the sexual exploitation, or both.
(B) Generally, a child may be able to provide three or more details about the context of the victimization, such as:
(i) where it happened;
(ii) when it happened;
(iii) what the perpetrator said to obtain the child's involvement;
(iv) where other family members were at the time of the victimization;
(v) what the child was wearing;
(vi) what pieces of the child's clothing were removed;
(vii) what the perpetrator was wearing;
(viii) what the perpetrator said to the child about the lewd, obscene, or pornographic material being produced and its intended use;
(ix) the child's emotional state during the abuse, such as being scared, feeling bad, or being confused;
(x) if the perpetrator said anything about the child or perpetrator telling or not telling;
(xi) if the child told anyone; and
(xii) the reactions of the persons the child told.
(C) The child's statements and behaviors are explored regarding the child's affect or emotional reaction when recounting the sexual exploitation. Common emotional reactions to disclosure may include, but are not limited to:
(i) reluctance to disclose;
(ii) embarrassment;
(iii) anger;
(iv) anxiety;
(v) disgust;
(vi) sexual arousal;
(vii) fear; or
(viii) lack of acknowledgement of victimization.
(D) Sexual exploitation may be perpetrated without the child's knowledge; therefore, the child may not be able to provide any of the information or demonstrate behaviors listed in (B)(i) through (xii) and (C)(i) through (viii) of this paragraph. In those instances, the CW specialist must rely on the evidence of sexual exploitation listed in (4) of this subsection.
(3) Medical evidence of sexual abuse is seldom found in sexual exploitation cases. The probability of medical findings is greater with younger children, acute abuse, and the availability of a skilled examiner. Most medical evidence is described as being consistent with sexual abuse rather than conclusive.
(4) Evidence of sexual exploitation may exist in the form of:
(A) text messages;
(B) recorded videos/DVDs;
(C) an Internet or World Wide Web address, including any blog site or personal web address;
(D) still photographs;
(E) audio or sound messages;
(F) cell phone or camcorder recordings; or
(G) other materials stored, made, or transmitted from an electrical device for the purposes of sexual stimulation.
(5) Complete confession by the perpetrator during the CW specialist's investigation rarely occurs. The perpetrator may:
(A) admit to some, but not all sexual exploitation described by the child victim. Typically, the admission is to lesser acts; or
(B) indirectly admit to the sexual exploitation without directly stating that he or she sexually exploited the child. For example, the perpetrator says the child is not lying but does not admit his or her guilt.
(6) In general, to substantiate sexual exploitation one or more of the factors in (A) through (D) of this paragraph are present. The factors include the:
(A) child's statement and behavior that includes his or her ability to describe or demonstrate specific lewd, obscene, pornographic, or sexual acts, and the context of the sexual exploitation;
(B) medical evidence;
(C) confession of the perpetrator, whether a:
(i) complete confession;
(ii) partial confession; or
(iii) indirect admission; or
(D) evidence:
(i) of lewd, obscene, or pornographic photographs, films, or depictions of the child; or
(ii) the child was allowed, permitted, or encouraged to engage in prostitution by the PRFC.
(7) Identification of the specific perpetrator is not necessary to substantiate sexual exploitation. The substantiation of the allegations is not dependent upon the child's awareness of the specific acts.
42. Substance use or abuse. "Substance use or abuse" means the misuse of any drug, alcohol, or other substance for mood-altering purposes including illegal drug use; prescription drug abuse for purposes other than those for which the drug is indicated; prescription drug use in a manner or in quantities other than directed that incapacitates or severely limits the PRFC's ability to perform minimal basic care for the child and results in serious neglect of the child; or creates the risk of serious physical danger or significant emotional consequences to the child. Refer to ITS # 28 of this Section.
43. Substance-affected infant. "Substance-affected infant" means an infant born experiencing withdrawal symptoms as a result of prenatal drug exposure or FASD as determined by the direct health care provider.
44. Substance-exposed infant. "Substance-exposed infant" means a newborn who tests positive for alcohol or a controlled dangerous substance. When the PRFC's substance use or abuse results in an infant born substance-exposed, the PRFC's home is evaluated to determine if the infant can receive the proper nurturing, nutrition, and attention to hygiene necessary for the infant to thrive.
45. Sufficiency of information. "Sufficiency of information" means the necessary information gathered from individuals with direct involvement and knowledge of the alleged incident in question and the family's overall functioning, with supporting documentation and information from professionals. Sufficiency of information allows a CW specialist to make a safety determination for a child.
46. Third-party perpetrator. "Third-party perpetrator" means a perpetrator of child abuse or neglect other than the PRFC.
47. (a) Threat of harm. "Threat of harm" means situations, behaviors, emotions, motives, perceptions, or capacities that can produce substantial child maltreatment.
(b) Threat of harm examples. Threat of harm includes, but is not limited to, the PRFC or caretaker:
(1) knowingly leaving the child in a potentially dangerous situation or with inappropriate caretakers;
(2) operating a vehicle while under the influence of drugs or alcohol with the child in the vehicle;
(3) having direct care of the child while under the influence of illegal drugs, prescription drugs, or alcohol that impairs the PRFC or caretaker's ability to care for the child;
(4) abusing or neglecting a child when another child is present in the home; or
(5) knowingly allowing a person who is required to register as a sex offender, due to an offense toward a child or violent or habitual offenses, to live in the home, babysit, or have frequent access to, or contact with the child, per the Sex Offender Registration Act, 57 O.S. §§ 581 et seq.
(c) In general, to substantiate threat of harm, the factors in (1) or (2) of this paragraph are present.
(1) The PRFC or caretaker intended to act, acted, omitted to act, or knew about conditions that placed the child in imminent or impending danger and exhibited diminished protective capacities.
(2) The intentions, actions, omission, or conditions could have resulted in substantial physical injury, sexual abuse, or neglect of the child.
48. Trauma definition. "Trauma" means:
(1) a serious injury or shock to the body from violence or an accident;
(2) an event that causes lasting emotional or psychological damage or distress; or
(3) an event or situation that threatens the victim's or a loved one's life or health and overwhelms the person's ability to cope.
49. Truancy definition. "Truancy" means a child refuses to attend school despite the parent's or efforts to encourage and assist in school attendance or the parent's or the inability or unwillingness to encourage and assist in school attendance.
50. Unsafe definition. "Unsafe" means an identifiable safety threat to a child is present within his or her environment and the caregiver's protective capacities are insufficient to prevent the child from being harmed and requires outside intervention.
51. Vulnerable child definition. "Vulnerable child" means the child who is unable to protect himself or herself due to his or her age, physical or emotional development, mobility, size, dependence, or inability to communicate needs.
(1) The child 5 years of age and younger is considered to have a high level of vulnerability as is the child with issues, such as disabilities, past victimization, or hazardous surroundings.
(2) Any child is susceptible to vulnerability when a parent or caregiver with an unpredictable or threatening behavioral pattern has access to the child and a protecting parent or caregiver is not available.
