SECTION 340:75-3-400. Reports of child abuse and neglect with specialized protocols

  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 Department of Human Services (DHS) 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)   DHS 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, DHS 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, DHS is not responsible for further investigation unless:

(i)   DHS has reason to believe the alleged perpetrator is a parent of another child, not the subject of the criminal investigation, or is a PRFC of another child;

(ii)   notice is received from an appropriate law enforcement jurisdiction that it determined the alleged perpetrator is a parent of, or a PRFC of another child, not the subject of the criminal investigation; or

(iii)   the appropriate law enforcement jurisdiction requests DHS 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;

(8)   resulting from judicial proceedings.

(A)   When a report of child abuse or neglect resulting from court proceedings concerning child custody or visitation 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, DHS:

(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 or visitation results in placing the child into DHS 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 DHS. The report is assigned for assessment or investigation;

(9)   of relinquishment of a child seven-calendar days of age or younger to DHS.

(A)   DHS, without court order, takes possession of a child seven-calendar days of age or 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, DHS respects the parent's desire to remain anonymous. DHS may:

(i)   request, but not demand, information the parent is willing to share about the child, including details of the child's and/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 DHS, DHS:

(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, DHS initiates a joint investigation with law enforcement. A law enforcement entity, 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 DHS. The child victim is transferred to DHS 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)   DHS 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)   DHS notifies the designated federal authorities at the federal military installation where the active duty service member is assigned when DHS receives a report that a child may be abused, neglected, or drug-endangered.

(C)   Upon completion of the assessment or the investigation, DHS forwards Form 04Kl003E, Report to District Attorney, or Form 04KI030E, Assessment of Child Safety, to the appropriate military law enforcement entity.

[Source: Amended and renumbered from 340:75-3-6.1 at 30 Ok Reg 389, eff 7-1-13; Amended at 32 Ok Reg 1904, eff 9-15-15; Amended at 35 Ok Reg 451, eff 1-31-18 (emergency); Amended at 35 Ok Reg 1695, eff 9-17-18; Amended at 36 Ok Reg 443, eff 4-9-19 (emergency); Amended at 37 Ok Reg 1850, eff 9-15-20]