SECTION 340:75-3-130. Child Abuse and Neglect Hotline

(a)   Child Abuse and Neglect Hotline (Hotline). Per Section 1-2-101 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-2-101), the Oklahoma Department of Human Services (DHS) established a statewide, centralized hotline that operates 24 hours per day to receive child abuse or neglect reports at 1-800-522-3511. An allegation of child abuse or neglect reported in any manner to a DHS county office is immediately referred to the Hotline.

(b)   Hotline tracking system. Per 10A O.S. § 1-2-101, DHS maintains a system to track the number of calls the Hotline received and the number of:

(1)   calls screened out;

(2)   referrals assigned;

(3)   calls received by persons unwilling to disclose basic personal information including, but not limited to, first and last name; and

(4)   unsubstantiated or ruled out allegations.

(c)   Screening Hotline reports. Each report received at the Hotline is screened to determine whether the allegations meet the definition of child abuse or neglect and are within the scope of child protective services (CPS) assessment or investigation, per 10A O.S. §§ 1-1-101 et seq. and Oklahoma Administrative Code (OAC) 340:75-3. When the allegations are not appropriate for CPS, the reporter may be provided an explanation as to why an assessment or investigation will not be conducted and, when appropriate, where a referral may be made to assist the family.

(d)   Time limitations for accepting reports for assessment or investigation. CPS intervention is limited to current situations as the CPS focus is on identifying and protecting children presently at risk or who will be at risk when safety measures are not put in place.

(1)   When a report is received that alleges abuse or neglect that is not recent, information is obtained to determine if there is reason to believe the child or other children may presently be at risk or in present danger.

(2)   When information does not indicate a child is presently at risk or in present danger, CPS intervention may not be warranted.

(e)   Disposition of the screened out report. When a report is received that is not appropriate for CPS, however, services are needed, DHS may make a referral to a DHS or outside resource for emergency food, shelter, medical services, or counseling.

(f)   Response to reporter concerning a screened out report. The reporter may be informed of the decision to screen out the referral and the reason for the decision.

(g)   DHS response to reports of child abuse or neglect. Per 10A O.S. § 1-2-105, DHS responds to an accepted report of child abuse or neglect by initiating an assessment of the family or an investigation of the report in accordance with priority guidelines. The primary purpose of the assessment or investigation is the protection of the child. For assessments or investigations, DHS gives special consideration to the risks of any minor child, including a child with a disability, who is vulnerable due to his or her inability to communicate effectively about abuse, neglect, or any safety threat.

(h)   Prioritization of child abuse and neglect reports. Per 10A O.S. § 1-2-105, DHS prioritizes reports of alleged child abuse or neglect based on the severity and immediacy of the alleged harm to the child and assigns a response time.

(1)   Priority I reports. A Priority I report indicates the child is in present danger and at risk of serious harm or injury. Allegations of abuse and neglect may be severe and conditions extreme. The situation is responded to immediately, the same day the report is received.

(2)   Priority II reports. Priority II is assigned to all other reports. The response time is established based on the vulnerability and risk of harm to the child. Priority II assessments or investigations are initiated within two- to 10-calendar days from the date the report is accepted for assessment or investigation.

(i)   Accepted report assigned as assessment or investigation.

(1)   An assessment is conducted when a report meets the abuse or neglect guidelines but does not constitute a serious and immediate safety threat to a child.

(2)   An investigation is conducted when:

(A)   a report meets the abuse or neglect guidelines and constitutes a serious and immediate threat to the safety of a child per 10A O.S. § 1-1-105;

(B)   there have been three or more reports accepted for assessment or investigation regarding the family per 10A O.S. § 1-2-102;

(C)   the family has been the subject of a deprived petition per 10A O.S. § 1-2-102; or

(D)   the child was diagnosed with fetal alcohol syndrome or DHS determines the child meets the definition of "drug-endangered child" per 10A O.S. § 1-1-105 and OAC 340:75-3-450.

(j)   Referral recordings. Per 10A O.S. § 1-2-101(A)(5), DHS electronically records each referral received by the Hotline and retains the recordings securely for 12 months. The recordings are confidential and subject to disclosure only when the court orders the disclosure of the referral. DHS redacts any information identifying the reporting party unless otherwise ordered by the court.

[Source: Amended and renumbered from 340:75-3-6 at 30 Ok Reg 389, eff 7-1-13; Amended at 32 Ok Reg 1904, eff 9-15-15; Amended at 33 Ok Reg 477, eff 2-29-16 (emergency); Amended at 34 Ok Reg 1550, eff 9-15-17]