Library: Policy
340:75-3-400. Reports of child abuse and neglect with specialized protocols • 10
Revised 2-1-22
Reports of child abuse and neglect with specialized protocols considered for acceptance for assessment or investigation include, but are not limited to, reports:
(1) from Child Protective Services (CPS) regarding an Oklahoma Human Services (OKDHS) employee; • 1
(2) of abuse or neglect of a child in an active permanency planning or family-centered services (FCS) case; • 2
(3) regarding a child whose address is confidential per the Address Confidentiality Program (ACP) per Section 60.14 of Title 22 of the Oklahoma Statutes (22 O.S. § 60.14); • 3
(4) regarding Indian children; • 4
(5) regarding children in out-of-home care; • 5
(6) of abuse or neglect in a child care program or home; • 6
(7) of abuse or neglect by someone other than the person responsible for the child's (PRFC) health, safety, or welfare per 10A O.S. § 1-2-102.
(A) OKDHS makes a referral, verbally or in writing, to the appropriate law enforcement jurisdiction for the purpose of conducting a possible criminal investigation when, upon receipt of a report alleging abuse or neglect, or during the assessment or investigation, OKDHS determines the alleged:
(i) perpetrator is someone other than a PRFC; and
(ii) abuse or neglect of the child does not appear to be attributable to failure on the part of a PRFC to provide protection for the child.
(B) After making the referral to the appropriate law enforcement jurisdiction, OKDHS is not responsible for further investigation unless:
(i) OKDHS has reason to believe the alleged perpetrator is a parent or PRFC of another child, not the subject of the criminal investigation;
(ii) notice is received from an appropriate law enforcement jurisdiction that it determined the alleged perpetrator is a parent or PRFC of another child, not the subject of the criminal investigation; or
(iii) the appropriate law enforcement jurisdiction requests OKDHS participate in the investigation. When funds and personnel are available, as determined by the OKDHS Director or designee, OKDHS may assist law enforcement in interviewing children alleged to be victims of physical or sexual abuse; • 7
(8) resulting from judicial proceedings.
(A) When a report of child abuse or neglect resulting from court proceedings concerning child custody, visitation, or family time is received, the CPS assessment or investigation protocol and the provisions of 10A O.S. § 1-4-102 are followed. The assessment or investigation is completed within 30-calendar days of the referral date. Upon completion, OKDHS:
(i) submits an assessment or investigation report to the district attorney's office;
(ii) provides a copy of the report to the referring court; and
(iii) notifies the parties to the proceeding of the report's submission to the court.
(B) When the evidence in a court proceeding concerning child custody, visitation, or family time results in placing the child into OKDHS emergency custody by the referring court, the provisions of 10A O.S. § 1-4-203 apply.
(C) Per 22 O.S. § 20, when a judge finds a defendant subject to incarceration is the sole custodian of a minor child and has not made safe and appropriate arrangements for the child's care, the court makes a referral to OKDHS. The report is assigned for assessment or investigation;• 8
(9) of relinquishment of a child 30-calendar days of age and younger to OKDHS.
(A) OKDHS, without court order, takes possession of a child 30-calendar days of age and younger, when a parent voluntarily delivers and relinquishes a child to the child protective services agency, and expresses an intent not to return for the child, per 10A O.S. § 1-2-109. At the parent's request, OKDHS respects the parent's desire to remain anonymous. OKDHS may:
(i) request, but not demand, information the parent is willing to share about the child, including details of the child's or parent's relevant medical histories; and
(ii) provide the parent with printed information regarding the parent's rights with respect to reunification with the child and counseling sources for the parents.
(B) When a child is relinquished to OKDHS, OKDHS:
(i) performs, or provides for the performance of, any act necessary to protect the child's health or safety; and
(ii) immediately checks with the appropriate law enforcement jurisdiction to determine if a child was reported missing and if the missing child is the relinquished child; • 9
(10) involving child victims of human trafficking. Per 21 O.S. § 748.2, when law enforcement determines a child may be a victim of human trafficking, OKDHS initiates a joint investigation with law enforcement. A law enforcement entity, or district court, juvenile bureau, or the Office of Juvenile Affairs employee, who has reasonable suspicion that a child may be a victim of human trafficking and is in need of immediate protection, assumes protective custody over the child and immediately notifies OKDHS. The child victim is transferred to OKDHS emergency custody, per 10A O.S. § 1-4-201; • 11 and
(11) involving children of active duty military parent(s) or legal guardian(s), per 10A O.S. § 1-2-102.
(A) OKDHS inquires, during the course of an assessment or an investigation, if a child's parent or legal guardian is an active duty service member of the military or the spouse of an active duty service member.
(B) OKDHS notifies the designated federal authorities at the federal military installation where the active duty service member is assigned when OKDHS receives a report that a child may be abused, neglected, or drug-endangered.
(C) Upon completion of the assessment or the investigation, OKDHS forwards Form 04Kl003E, Report to District Attorney, or Form 04KI030E, Assessment of Child Safety, to the appropriate military law enforcement entity. • 12
INSTRUCTIONS TO STAFF 340:75-3-400
Revised 2-1-22
1. Child protective services (CPS) reports regarding an Oklahoma Human Services (OKDHS) employee. Specific procedures are followed when a report of child abuse or neglect is received involving an OKDHS employee or a member of the employee's immediate or extended family with the exception of alleged abuse in an institution.
(1) A Child Welfare Services (CWS) child welfare (CW) specialist from another district or region is assigned the assessment or investigation:
(A) to avoid potential conflicts of interest when there is close proximity between the CWS office and work location of the OKDHS employee; or
(B) when the CW specialist is acquainted with the OKDHS employee or the employee's family.
(2) When a report alleges serious physical or sexual abuse by CWS staff, the local district attorney (DA) is consulted to determine the most objective course of investigation.
(3) OKDHS Child Abuse and Neglect Hotline (Hotline) personnel contact the regional deputy director regarding the accepted report's assignment.
(4) All case information related to the assessment or investigation is restricted in KIDS.
2. Reports of child abuse, neglect, or injury in an open permanency planning (PP) case, including trial reunification, Interstate Compact on the Placement of Children (ICPC), or Family-Centered Services (FCS) case.
(1) When abuse or neglect of a child, who is part of an open PP, trial reunification, ICPC, or FCS case, is suspected, or when the child has evidence of any abuse or neglect, per Oklahoma Administrative Code (OAC) 340:75-3-130, 340:75-4-12.1, and 340:75-6-88, the information is reported to the Hotline and documented on Form 04KI001E, Referral Information Report.
(2) When the report meets acceptance criteria, per OAC 340:75-3-130, the report is assigned for investigation and is assigned to a CW specialist who is not assigned to the open PP, trial reunification, ICPC, or FCS case.
3. Reports regarding a child whose address is confidential per the Address Confidentiality Program, per OAC 340:75-1-30. Reports regarding child abuse and neglect that fall within the CPS scope are accepted for assessment or investigation even when the actual finding address of the child is confidential, per Section 60.14 of Title 22 of the Oklahoma Statutes (22 O.S. § 60.14).
4. Reports regarding Indian children. To ensure compliance with the Indian Child Welfare Act (ICWA), procedures, per OAC 340:75-19-9 and 340:75-19-10, are followed for all children reported or determined to be an Indian child.
5. Reports of child abuse, neglect, or a violation of OKDHS rules in out-of-home care.
(1) When a report regarding a foster or trial adoptive home is received, the report is documented and evaluated to determine if the allegations indicate abuse, neglect, or a violation of OKDHS rules. Reports of abuse or neglect of a child in a foster or trial adoptive home are documented on Form 04KI001E.
(2) When information in the report indicates a rule violation occurred, the report is screened out and notification is sent to the home's assigned resource specialist to address the violation.
(3) Reports that meet criteria for acceptance involving a child in an above foster care setting are directed to the Office of Client Advocacy inbox for assignment.
(4) A referral is made to the appropriate law enforcement jurisdiction when a report of child abuse or neglect is received regarding a child in a foster or trial adoptive home that identifies the alleged perpetrator as a person not responsible for the child. A preliminary inquiry is conducted to determine if the foster or trial adoptive parent failed to protect the child from a high-risk situation that he or she had knowledge of or could have predicted.
(5) All investigations regarding a foster or trial adoptive parent are assigned as Priority I.
(A) When information indicates the child's safety can be ensured without an immediate investigation, the Hotline supervisor may assign the report as a Priority II with a response time of no more than five-calendar days for investigation initiation.
(B) The Hotline supervisor documents the reason the report was not assigned as a Priority I on Form 04KI001E.
6. Reports of abuse or neglect in child care programs or homes.
(1) Reports of physical abuse, sexual abuse, or serious neglect in child care programs or homes, licensed or unlicensed, are investigated by a CWS CPS specialist.
(A) All accepted child care program and home reports are assigned as investigations.
(B) The response time for an investigation initiation pertaining to child care programs depends on whether the alleged perpetrator is employed, resides in the home, or continues to care for or have access to children.
(C) Accepted reports pertaining to child care homes are assigned a Priority I response time for investigation initiation because the owner or operator is generally the employee with continuing access to children.
(2) Allegations of general neglect and violations of licensing laws and regulations, such as a dirty facility, unsupervised children, or other similar situations are referred to and addressed by Child Care Services (CCS).
7. Reports of child abuse or neglect alleging someone other than the person responsible for a child's (PRFC) health, safety, or welfare is the perpetrator.
(1) When a reporter makes an allegation of abuse or neglect perpetrated by someone other than a PRFC, a preliminary inquiry, assessment, or investigation may be conducted to determine if the alleged abuse or neglect is attributable to failure on the part of a PRFC to provide protection.
(A) A determination is made when the third-party perpetrator resides with a child who may be unsafe due to the alleged perpetrator's actions.
(B) A separate referral is completed and assigned for CPS assessment or investigation when information indicates a child is at risk of harm.
(2) A referral is entered into KIDS when it is unknown whether the alleged abuse or neglect of a child by a third-party relative is attributable to failure on the part of the PRFC to provide protection for the child. A third-party assessment or investigation that meets criteria for assignment consists of:
(A) documenting report information on Form 04Kl001E;
(B) determining if the third-party perpetrator lives with or has a child who is at risk;
(C) completing Form 04Kl001E, relating to the alleged perpetrator and the perpetrator's own child, when appropriate;
(D) verbally notifying the appropriate law enforcement jurisdiction of the report of abuse or neglect by someone other than the PRFC; and
(E) deleting the reporter's name and forwarding Forms 04Kl001E and 04CP002E, Notification to Law Enforcement Agency of Child Abuse or Neglect Report, to the appropriate law enforcement jurisdiction. The reporter's name is maintained on the copy that remains in the OKDHS file ensuring the information may be provided verbally to the appropriate law enforcement jurisdiction, when requested.
(3) Examples of the potential need for a third-party assessment or investigation include, but are not limited to, when a:
(A) child is allegedly abused by a temporary baby-sitter who is a close friend of the child's mother or father. While the baby-sitter is an alleged third-party perpetrator, the close friendship between the mother or father and the alleged perpetrator may indicate the need to conduct an assessment or investigation to determine if:
(i) the PRFC failed to protect the child; and
(ii) there will be ongoing protection for the child; or
(B) child's grandparent, who does not live in the child's home, allegedly sexually abused the child. While the grandparent is a third-party perpetrator, the close relative relationship may indicate the need to conduct an assessment or investigation to determine if:
(i) the PRFC failed to protect the child; and
(ii) there will be ongoing protection for the child.
(4) After OKDHS staff makes a referral to law enforcement alleging non-PRFC involvement in a potential crime, OKDHS is not responsible for further investigation, unless OKDHS staff receives a request from law enforcement that OKDHS participate in the criminal investigation of a crime against a child. When funds and personnel are available, and at the district director's discretion, OKDHS staff may assist law enforcement in interviewing children alleged to be victims of physical or sexual abuse.
8. Reports resulting from judicial proceedings.
(1) When a referring court makes a report of child abuse or neglect resulting from a child custody or family time proceeding, the report is accepted for investigation.
(A) When evidence in a court proceeding concerning child custody or family time indicates a child may be a victim of abuse or neglect, the court makes a report to OKDHS for assignment as an investigation.
(B) When evidence in a court proceeding concerning child custody or family time indicates a child is in surroundings that endanger the child's welfare, the court may enter an order placing the child in OKDHS emergency custody, at which time the provisions of the Oklahoma Children's Code apply.
(2) When any defendant sentenced to incarceration has sole custody of a minor child and has not made appropriate arrangements for the care of the child during the period of incarceration, the court makes a referral to OKDHS by contacting the Hotline.
(3) Any court presiding over any proceeding may report allegations of child abuse or neglect to OKDHS for assignment as an investigation.
(4) Judicial reports are not screened out except with the referring court's permission.
9. Abandoned or relinquished newborn. When a parent is reported to have abandoned or relinquished a newborn, a report is provided to the Hotline, documented on Form 04KI001E, and assigned for investigation. When the abandoned newborn's name and birth date is unknown, his or her:
(1) first name is selected by the CW specialist and entered in KIDS;
(2) last name is entered as XOXO in KIDS; and
(3) birth date is entered as the 15th day of birth month.
10. Infants born to incarcerated mothers, Erica's rule. When OKDHS receives a report concerning a pregnant inmate in the custody of the Oklahoma Department of Corrections (DOC) prior to the birth of the child, the report is screened out and referred to CWS CPS Programs staff.
(1) CWS staff contacts DOC to arrange a CWS consultation with the inmate. With the inmate's consent, consultation occurs at the correctional facility or by phone to assist in identifying appropriate caregivers when the inmate is expected to remain in custody after the birth of her child.
(A) Upon contact with the inmate, the CWS staff obtains the names of potential caregivers for the unborn child and follows the protocol outlined in (2) of this Instruction.
(B) When the inmate declines to consult with CWS staff, the:
(i) inmate's decision to decline is documented in the KIDS Case Contacts associated with the screened-out referral; and
(ii) hospital utilized by DOC for the child's birth is notified of the inmate's decision to decline services. CWS staff requests that the hospital call the OKDHS Abuse and Neglect Hotline when the child is born.
(2) CWS staff performs a records search of the potential caregivers identified by the inmate.
(A) The search includes:
(i) the Oklahoma State Courts Network;
(ii) On Demand Court Records;
(iii) Oklahoma Department of Corrections records;
(iv) the Sexual Offender Registry; and
(v) the Violent Offender Registry.
(B) CWS staff performs a search of the Child Abuse and Neglect Information System known as KIDS.
(C) CWS staff documents the search results in the KIDS case associated with the screened-out referral.
(3) When the OKDHS Abuse and Neglect Hotline receives a report that the inmate has given birth, results of the services provided and information obtained related to the caregivers identified by the inmate are made available to the CWS staff to assist in determining the appropriate response to the report, per OAC 340:75-3-130.
(A) Upon the report of the birth of the child, when the inmate previously consulted with CWS staff regarding potential caregivers:
(i) CWS staff verifies with hospital staff that the caretaker's identification results provided by the inmate to hospital staff, matches the identification previously provided to CWS staff.
(ii) CWS staff documents in the referral contact screen, and notifies hospital staff that a response to the report, per OAC 340:75-3-130, was completed and associate this screened-out referral to the previous case in KIDS.
(B) When the inmate previously declined the consultation with CWS staff, or the caregiver identified to the hospital staff does not match the name previously provided to CWS staff, the protocol outlined in (2)(A) and (B) of this Instruction is followed in order to determine the appropriate response to the report, per OAC 340:75-3-130.
11. Child victims of human trafficking. OKDHS is responsible for investigating reports that a child may be a victim of human trafficking, per 21 O.S. § 748.2.
(1) When OKDHS receives a report stating a child may be a victim of human trafficking, a:
(A) Priority 1 response is required;
(B) joint investigation is conducted with law enforcement, per OAC 340:75-3-110, and may involve coordination with other states when the child is not an Oklahoma resident;
(C) court order for emergency custody of the child is requested as soon as possible;
(D) plan is made for the child's immediate behavioral and medical health treatment upon confirmation that a court placed the child in OKDHS emergency custody; and
(E) notification of the report is made to the CPS Programs Unit.
(2) When the child is found to be a resident of, or in the custody of, another state, the CW specialist:
(A) contacts the other state immediately to notify them of the child's whereabouts and alleged involvement in human trafficking;
(B) coordinates the child's transfer to his or her home state with local CPS office staff or the child's parent or legal guardian, when appropriate; and
(C) consults with the district director on where the child will be placed while awaiting transfer. Crisis-stabilization centers are not appropriate for use as placement while awaiting transportation to the child's home state.
(3) Protocol for child victims of human trafficking.
(A) During the investigation process:
(i) the child may be transported to a facility appropriate to address the victim's behavioral and medical health needs upon placement with OKDHS;
(ii) prior to transporting the child, the CW specialist contacts the facility to ensure the child meets admission criteria and the facility has a bed for the child; and
(iii) in the event the CW specialist cannot find a facility appropriate for the victim's behavioral and medical health needs, the CW specialist contacts the district director for assistance with additional placement options, including facilities for in-patient evaluation, when circumstances warrant.
(B) A child victim of human trafficking may be released to the custody of a parent or legal guardian when OKDHS can determine the child victim will not be subjected to further exploitation.
(C) Child victims of human trafficking, due to their status as crime victims, are placed in appropriate facilities, per 21 O.S. § 748.2. Placement in youth or children's shelters is discouraged due to concern for the safety of the other children in the shelter and the flight risk the human trafficking victim may pose.
(D) An emergency custody (show cause) hearing is conducted, per 10A O.S. § 1-4-203 and OAC 340:75-3-300.
(i) When it is shown at the emergency custody (show cause) hearing that the child is likely a victim of human trafficking, the associated criminal charges, when any, are dismissed.
(ii) When the DA's office timely files a petition alleging the child to be deprived, the child remains in OKDHS emergency custody pending further disposition of the case in the deprived child proceeding.
(E) When it is determined, after consultation with the DA's office, the child is not a victim of human trafficking, an immediate notification is made to the appropriate law enforcement jurisdiction for further disposition, and the CW investigation is completed. Unless a deprived petition is timely filed, the emergency custody order expires, per 10A O.S. § 1-4-205 and OKDHS no longer has legal custody of the child.
(F) In order to protect the child victim of human trafficking, all information regarding the child, the child's family, and others involved with the child, as well as identities of suspected human traffickers, must be treated as highly confidential. Extreme caution is taken and consultation with the appropriate district director and the DA's office occurs prior to the inclusion of any information into the court record that could compromise the safety of the child victim.
12. Active military families. Upon initiation of an assessment or investigation, OKDHS must inquire as to the military status of all parents or legal guardians.
(1) OKDHS contacts a United States (U.S.) Department of Defense Family Advocacy Program (FAP) upon learning of a family's active military status and informs FAP of the report.
(2) OKDHS works with FAP to ensure Form 04KI030E or Form 04KI003E is forwarded to the appropriate military law enforcement entity per the memorandum of understanding (MOU).
(3) OKDHS may contact a local military installation for contact information regarding federal military bases overseas when a parent or legal guardian is stationed outside of the U.S.
