Current through Vol. 42, No. 1, September 16, 2024
(a)
Other entities' responsibilities
for, or regarding child abuse or neglect investigations.
(1)
Office of Client Advocacy
(OCA).
(A) The Oklahoma Department of
Human Services (DHS), OCA, per Section 1-9-112 of Title 10A of the Oklahoma
Statutes (10A O.S. § 1-9-112), is responsible for investigations of
allegations of child abuse:
(i) or neglect of
the child placed in a DHS facility, or in a public or private residential
facility including, but not limited to, jails or detention centers, hospitals,
psychiatric facilities and treatment programs, day treatment programs, and
licensed or unlicensed residential child care facilities; and
(ii) neglect, sexual abuse, or sexual
exploitation by a community services worker, per 56 O.S. §
1025.1.
(B) Reports of
suspected abuse or neglect of a child are made to the DHS Child Abuse and
Neglect Hotline (Hotline) as prescribed in Oklahoma Administrative Code (OAC)
340:2-3-33.
(C) OCA does not investigate allegations of
abuse or neglect of the child in foster homes, specialized community homes,
therapeutic foster homes, or kinship home placements.
(2)
Child Care Services (CCS).
DHS CCS is responsible for implementing the Oklahoma Child Care Facilities
Licensing Act, per 10 O.S. §§ 401 through 441 designed to ensure
child safety. CCS has concurrent responsibilities with CPS in investigations of
alleged physical abuse, sexual abuse, or serious neglect in child care centers
and homes. Whenever possible, investigations are conducted jointly by CCS and
CPS. This does not include violations of CCS licensing requirements that are
referred to CCS.
(3)
Office
of Juvenile Affairs (OJA). OJA investigates allegations of child abuse
or neglect in facilities operated per the Oklahoma Juvenile Code.
(b)
CPS and inter-agency
relationships. CPS functions as a component of the multi-faceted system
established to protect children from abuse and neglect that includes law
enforcement, the court system, other social services agencies and
organizations. CPS is a component of the child welfare (CW) services continuum
that includes preventive and protective services, voluntary family-centered
services, foster care and placement services, and adoption services.
(c)
CPS role. CPS evaluates
reports of child abuse or neglect, assesses child safety and the risk of future
maltreatment and the need for protective services, and provides and coordinates
services.
(d)
Law enforcement
role. Law enforcement investigates a report of child abuse or neglect as
a crime.
(1) Reports that require joint
involvement by CPS and law enforcement are conducted as CPS investigations
rather than assessments.
(2) Law
enforcement identifies and arrests the offender, gathers court-admissible
evidence, and protects the integrity of the evidence so the offender can be
prosecuted in criminal court.
(3)
Law enforcement may:
(A) provide protection
to the child, other family members, and the CW specialist during crisis
intervention;
(B) place the child
into protective custody and authorize immediate medical or behavioral health
treatment, when necessary, to protect the child's health, safety, or welfare,
per 10A O.S. § 1-4-201; and
(C) release the child to a person designated
by the parent when the person responsible for the child (PRFC) was arrested on
a charge or warrant for a crime other than child endangerment or child abuse or
neglect, per 10A O.S. § 1-4-201.
(e)
Child Welfare Services (CWS) joint
response with law enforcement. When law enforcement takes a child into
protective custody due to abuse or neglect allegations, CWS is contacted in
accordance with the joint response protocol developed, per 10A O.S. §
1-4-201. When possible, CWS responds to the scene where the child's protective
custody was assumed.
(1) CWS conducts a
safety evaluation at the scene to determine if the child faces a safety threat
and, when so, if the child can be protected through placement with relatives or
others instead of a DHS foster care placement.
(2) When a determination is made at the scene
that the child cannot safely remain in the home, law enforcement and CWS
coordinate transportation of the child to a location where DHS believes the
child can be protected. DHS utilizes a shelter when other placement options are
unavailable or inappropriate.
(3)
When CWS is unable to respond to the scene where a child was placed in
protective custody, the child is taken by law enforcement to the law
enforcement office, the local CWS office, or other location as agreed to by the
team.
(4) A child taken into
protective custody by law enforcement is not by virtue of a standing order,
considered to be in DHS emergency custody upon the child's admission to a
shelter. A child cannot be placed in DHS emergency custody until:
(A) CWS has completed a safety evaluation and
concluded the child faces an imminent safety threat; and
(B) the court has issued a child-specific
emergency custody order.
(f)
Restoration of custody to the
parent, legal guardian, or custodian when child is in protective
custody. When the safety evaluation conducted by CWS indicates the child
does not face an imminent safety threat, DHS restores the child to the custody
and control of the parent, legal guardian, or custodian, per 10A O.S. §
1-4-201. Specific county procedures are followed when a child is released from
protective custody by the court.
(g)
DHS relationship with law
enforcement and Oklahoma State Bureau of Investigation (OSBI).
(1) DHS coordinates the child abuse and
neglect investigation with law enforcement, when appropriate. DHS does not
relinquish investigative responsibility when law enforcement requests that DHS
not interview certain persons or delay the DHS investigation. Instead, DHS
develops a plan with law enforcement to ensure the DHS child safety
responsibilities are fulfilled without interfering with the criminal
investigation.
(2) The DHS Director
or designee has the authority to request a criminal investigation by OSBI or
another law enforcement agency, per 10A O.S. § 1-2-105, when it is
reasonably believed that criminally injurious conduct including, but not
limited to, physical or sexual abuse of a child occurred.
(h)
District attorney's (DA) role in
deprived matters. It is the DA's responsibility to determine if the
information obtained during the CPS investigation warrants filing a petition
alleging the child to be deprived.
(i)
The DA's role in criminal
prosecutions. DHS makes recommendations to the DA regarding deprived
proceedings but not for criminal prosecution. The DA has the responsibility to
decide if criminal charges are filed against the alleged perpetrator of child
abuse and neglect. The CPS investigation recommendation is limited to the
action necessary for child safety.
(j)
Child's attorney's role. In
deprived proceedings, the attorney appointed for the child is independent of
and not selected by the DA, the child's parent, legal guardian, or custodian,
per 10A O.S. § 1-4-306. In criminal actions brought under Title 21 of the
Oklahoma Statutes, the child victim may be appointed an attorney, per 21 O.S.
§
843.7.
(1) The child's attorney represents the
child's expressed interests unless the child is very young, unable to express
an interest, or incapable of judgment and meaningful communication. When the
child is unable to express an interest or lacks judgment, the attorney
formulates and presents a position that serves the best interests of the child
using objective criteria outlined in 10A O.S. § 1-4-306, rather than
relying solely on the attorney's life experience or instinct.
(2) The child's attorney meets with the child
as soon as possible after appointment and, except for good cause, prior to any
hearing in the deprived proceeding. DHS provides the child's attorney access to
reports, records, information relevant to the case, and the child's parent,
legal guardian, or custodian's examination reports. Per Oklahoma Administrative
Code 340:75-6-48.1, the attorney is
advised of the child's location and the best way to contact the
child.
(k)
Guardian ad litem's role. Per 10A O.S. § 1-4-306, the court
appoints, after a deprived petition is filed and upon the request of the child,
child's attorney, DHS, or another party to the deprived action, a guardian ad
litem or court-appointed special advocate (CASA) to objectively advocate for,
and investigate matters concerning the child's best interests. The guardian ad
litem or CASA makes reports and recommendations to the court and conducts
interviews with parents, legal guardian, custodian, foster parents, providers,
CW specialists, and others with case knowledge.
(l)
Judge's role in deprived
matters. Per 10A O.S. § 1-4-102, the judge may, upon application by
the DA, issue a court order to place the child in emergency custody when the
child is in need of immediate protection due to an imminent safety threat.
After a deprived petition is filed, the judge hears the evidence presented
during the adjudication hearing and decides if the child is adjudicated a
deprived child. When the child is adjudicated deprived, the judge decides if
the child is placed in the custody of the PRFC, a relative, DHS, or another
agency, and may order the PRFC and child to participate in a court-ordered
individualized service plan.
(m)
Judge's role in child custody or visitation proceedings. When a
judge, during a proceeding concerning child custody or visitation, determines
there is evidence of abuse or neglect of the child, 10A O.S. § 1-4-102
requires the court to refer the allegations to DHS for an assessment or
investigation. The referring court may also enter an order to have the child
taken into emergency custody when evidence indicates the child is in
surroundings that endanger his or her health, safety, or welfare.
Added at 30 Ok Reg
389, eff 7-1-13
