SECTION 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), the Oklahoma Department of Human Services (DHS) responds promptly to a report of child abuse or neglect by initiating an assessment of the family or an investigation of the report per DHS 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 DHS, 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 DHS 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 DHS 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, DHS 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, DHS provides a brief and easily understood written description of the investigation process. The notice includes a statement that:

(1)   DHS 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 DHS since the report may have been made anonymously;

(3)   the investigation is required by law to be conducted enabling DHS 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, DHS sends the PRFC a letter stating:

(A)   DHS 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 DHS;

(5)   the procedures DHS uses to conduct an investigation of alleged child abuse or neglect, include:

(A)   a description of the circumstances that would cause DHS to seek judicial approval to remove the child from the home; and

(B)   an explanation that the law requires DHS 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 DHS actions; or

(B)   requesting a review of the findings made by DHS 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 how to obtain copies of the provisions;

(10)   the PRFC may request visitation and the process to use to acquire visitation 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). DHS, per 10A O.S. § 1-2-102, forwards the completed assessment or investigation report and findings to any district attorney's 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, DHS 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, DHS 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)   DHS, after making the referral to law enforcement, is not responsible for further investigation unless:

(A)   DHS 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 of or a PRFC of another child, not the subject of the criminal investigation; or

(C)   the appropriate law enforcement agency requests DHS, in writing, to participate in the investigation. When funds and personnel are available, as determined by the DHS Director or designee, DHS 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, DHS may request the DA make application, per 10A O.S. § 1-2-105 for a court order to compel access or examination of the child. 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, DHS may request and obtain, without a court order, copies of current and prior medical records of a child 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 DHS access to their personal behavioral health records or treatment plans requested by DHS, that may be relevant to the alleged abuse or neglect, DHS requests the DA make application for a court order allowing DHS 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 DHS has reason to believe the PRFC may remove the child from Oklahoma before the investigation is completed, DHS 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.

[Source: Amended and renumbered from 340:75-3-7.4 at 30 Ok Reg 389, eff 7-1-13; Amended at 32 Ok Reg 1904, eff 9-15-15]