Current through Vol. 42, No. 1, September 16, 2024
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;
(2) of abuse or
neglect of a child in an active permanency planning or family-centered services
(FCS) case;
(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);
(4) regarding Indian children;
(5) regarding children in out-of-home
care;
(6) of abuse or neglect in a
child care program or home;
(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;
(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;
(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;
(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; 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.
Added at 30 Ok Reg
389, eff 7-1-13
