Okla. Admin. Code § 340:75-3-200 - General protocols for Child Protective Services (CPS) assessments and investigations
(a)
Assessment
and investigation process. The CPS safety assessment and investigation
process allows Child Welfare Services (CWS) to have direct involvement with a
family to identify problems and provide services, either directly or
indirectly, that protect children and assist the family. Per Section 1-2-105 of
Title 10A of the Oklahoma Statutes (10A O.S. § 1-2-105), Oklahoma Human
Services (OKDHS) responds promptly to a report of child abuse or neglect by
initiating an assessment of the family or an investigation of the report per
OKDHS priority guidelines. The process includes gathering information:
(1) regarding the reported allegations and
family dynamics that jeopardize the child's safety; and
(2) to assess the person responsible for the
child's health, safety, or welfare (PRFC) protective capacities.
(b)
Assessment and
investigation protocols. Protocols provide:
(1) continuity when addressing allegations of
abuse or neglect;
(2) a family
functioning assessment of possible safety threats; and
(3) continuity related to CWS contact with
the family.
(c)
Multidisciplinary investigation protocol. Investigations regarding
physical abuse, serious neglect, and sexual abuse are conducted utilizing a
multidisciplinary approach when possible per the Oklahoma Administrative Code
340:75-3-440. Each child sexual
abuse, physical abuse, or neglect investigation and child victim interviews are
conducted by appropriate personnel using the protocols and procedures per 10A
O.S. § 1-9-102. The investigation may proceed without full participation
of all personnel:
(1) when trained personnel
are not available timely and, in the judgment of the law enforcement officer or
OKDHS, there is reasonable cause to believe a delay in investigation or
interview of the child victim could place the child in jeopardy of harm or
threatened harm to the child's health or welfare; and
(2) for only as long as reasonable danger to
the child exists.
(d)
Assessment and investigation requirements.
(1) Per 10A O.S. § 1-2-105, the
assessment or investigation requires:
(A) a
visit to the child's home, unless:
(i) there
is reason to believe an extreme safety risk to the child or OKDHS employee
exists; or
(ii) it appears the
referral was made in bad faith;
(B) an interview with, and examination of,
the child;
(C) the visit to be
conducted at any reasonable time and at any place including, but not limited
to, the child's school; and
(D)
when a child is interviewed at school that OKDHS notify the PRFC that the child
was interviewed at school.
(2) The assessment or investigation may
include:
(A) an interview with, and
examination of, any child in the home; and
(B) interviews with the child's parents or
any other PRFC.
(e)
Disclosure of specific complaint or
allegation to PRFC. At the initial contact with the PRFC, who is the
subject of the investigation pursuant to the Oklahoma Children's Code, OKDHS
advises the person of the specific complaint or allegation made against the
PRFC per 10A O.S. § 1-2-106.
(f)
Description of the investigation
process provided to the PRFC. Per 10A O.S. § 1-2-106, OKDHS
provides a brief and easily understood written description of the investigation
process. The notice includes a statement that:
(1) OKDHS is undertaking the investigation
pursuant to Oklahoma Children's Code requirements in response to a report of
child abuse or neglect;
(2) the
identity of the person who reported the incident of abuse or neglect is
confidential and may not be known to OKDHS since the report may have been made
anonymously;
(3) the investigation
is required by law to be conducted enabling OKDHS to identify incidents of
abuse or neglect in order to provide social services to the family in need of
protective or preventive services;
(4) upon completion of the investigation,
OKDHS sends the PRFC a letter stating:
(A)
OKDHS found insufficient evidence of abuse or neglect; or
(B) there appears to be probable cause to
suspect the existence of child abuse or neglect in the judgment of
OKDHS;
(5) the procedures
OKDHS uses to conduct an investigation of alleged child abuse or neglect,
include:
(A) a description of the
circumstances that would cause OKDHS to seek judicial approval to remove the
child from the home; and
(B) an
explanation that the law requires OKDHS to refer all reports of child abuse or
neglect to a law enforcement agency for a separate determination of whether a
criminal violation occurred;
(6) the procedures to follow when:
(A) there is a complaint regarding OKDHS
actions; or
(B) requesting a review
of the findings OKDHS made during or at the conclusion of an
investigation;
(7) the
PRFC has a right to review unsealed records filed with the court in the event
an action is filed;
(8) the PRFC
has a right to seek legal counsel;
(9) the PRFC may obtain copies of the
statutory and regulatory provisions governing child abuse and neglect and an
explanation of how to obtain copies of the provisions;
(10) the PRFC may request visitation or
family time and an explanation of the process to use to acquire visitation or
family time with the child when the child is removed from the home;
and
(11) failure to appear for
court proceedings may result in the termination of the person's parental rights
to the child.
(g)
Assessment or investigation report forwarded to district attorney
(DA). OKDHS, per 10A O.S. § 1-2-102, forwards the completed
assessment or investigation report and findings to any DA office that may have
jurisdiction to file a petition per 10A O.S. § 1-4-902.
(h)
Referral to law enforcement.
(1) Per 10A O.S. 1-2-102, OKDHS immediately
makes a referral, either verbally or in writing, to the appropriate local law
enforcement agency for the purpose of conducting a possible criminal
investigation when, upon receipt of a report alleging abuse, neglect, or during
the assessment or investigation, OKDHS determines the alleged:
(A) perpetrator is someone other than a PRFC;
and
(B) abuse or neglect of the
child does not appear attributable to failure on the part of a PRFC to provide
protection for the child.
(2) OKDHS, after making the referral to law
enforcement, is not responsible for further investigation unless:
(A) OKDHS has reason to believe the alleged
perpetrator is a parent of another child, not the subject of the criminal
investigation, or is otherwise a PRFC of another child;
(B) notice is received from a law enforcement
agency that has determined the alleged perpetrator is a parent or PRFC of
another child, not the subject of the criminal investigation; or
(C) the appropriate law enforcement agency
requests OKDHS, in writing, to 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.
(i)
Court order for access to or
examination of child. The assessment or investigation may include a
medical, psychological, or psychiatric examination of any child in the home.
When the PRFC refuses to cooperate with arranging an examination, or when
admission to the home, school, or any place where the child may be located
cannot be obtained, OKDHS may request the DA apply, per 10A O.S. § 1-2-105
for a court order to compel access or examination of the child. The court may
order that a child be transported to a court-approved location for the
interview or examination and designate an appropriate person or persons to
transport the child. The persons may include, but are not limited to: a
relative of the child, a PRFC, law enforcement, an OKDHS employee, or an Office
of Juvenile Affairs (OJA) employee if the child is in OJA custody. The court
will consider safety protocols based on the child's gender. It is the PRFC's
responsibility to secure medical examinations that may be necessary due to
abuse or neglect of the child by a third party.
(j)
Obtaining the child's medical
records. As necessary in the course of conducting an assessment or
investigation, OKDHS may request and obtain, without a court order, copies of a
child's current and prior medical records including, but not limited to,
hospital, medical, and dental records. The physician-patient privilege does not
constitute grounds for failure to produce the requested records, per 10A O.S.
§ 1-2-105.
(k)
Requests
for the child or PRFC's behavioral health records relevant to the assessment or
investigation. Per 10A O.S. §§ 1-2-105 and 1-6-103, the
assessment or investigation may include an inquiry into the possibility the
child or PRFC has a history of mental illness. When the PRFC denies OKDHS
access to their personal behavioral health records or treatment plans requested
by OKDHS that may be relevant to the alleged abuse or neglect, OKDHS requests
the DA apply for a court order allowing OKDHS access to the records pursuant to
terms and conditions prescribed by the court.
(l)
Failure to report child abuse or
neglect. Per 10A O.S. § 1-2-101, any person who knowingly and
willfully fails to promptly report suspected child abuse or neglect, or who
interferes with the prompt reporting of suspected child abuse or neglect, may
be reported to local law enforcement for criminal investigation, and upon
conviction, is guilty of a misdemeanor.
(m)
False reports of abuse or neglect
made knowingly and willfully. Any person who knowingly and willfully
makes a false report of child abuse or neglect, per 10A O.S. § 1-2-101, or
who makes a report the person knows lacks factual foundation, may be reported
to local law enforcement for criminal investigation, and upon conviction is
guilty of a misdemeanor.
(n)
Restraining order prohibiting child's removal from Oklahoma. Per
10A O.S. § 1-2-105, when OKDHS has reason to believe the PRFC may remove
the child from Oklahoma before the investigation is completed, OKDHS may
request the DA file an application for a temporary restraining order in any
district court in Oklahoma without regard to continuing jurisdiction of the
child. Upon cause shown, the court may enter a temporary restraining order
prohibiting the parent or other person from removing the child from Oklahoma
pending completion of the assessment or investigation.
Notes
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