SECTION 340:75-3-450. Drug-endangered child

(a)   Substance abuse considered during safety determination and family intervention strategy. Addiction to and misuse of alcohol and controlled dangerous substances, including prescription medication may impact the person responsible for the child's (PRFC's) ability to provide child safety. Substance use alone does not directly determine child abuse or neglect; however, it is a factor considered when safety determinations and intervention strategies are considered.

(b)   Investigation instead of assessment conducted when report alleges child is drug-endangered. Per Section 1-2-102 of Title 10A of the Oklahoma Statutes, when the Oklahoma Department of Human Services (DHS) determines a child meets the definition of a "drug-endangered child," as defined in 10A O.S. § 1-1-105, or a child diagnosed with a fetal alcohol spectrum disorder, DHS conducts an investigation of the allegation and does not limit the evaluation of the circumstances to an assessment.

(c)   Law enforcement assistance required to initiate investigation of child abuse or neglect alleging methamphetamine production. The DHS child abuse or neglect investigation involving allegations of methamphetamine production is initiated only with the assistance of law enforcement.

(d)   Records regarding infants born exposed to alcohol or other harmful substances. Per Section 1-550.3 of Title 63 of the Oklahoma Statutes (63 O.S. § 1-550.3), DHS maintains up-to-date records of infants born exposed to alcohol or other harmful substances.

(1)   "Harmful substances" means an intoxicating liquor or a controlled dangerous substance.

(2)   The records detailed in 63 O.S. § 1-550.3 include data necessary for surveys and scientific research and other data that is necessary and proper to further the recognition, prevention, and treatment of infants born addicted to or prenatally exposed to harmful substances.

(3)   DHS compiles and evaluates information received from the reports into a report distributed on or before January 1, of each year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and such other persons as DHS deems advisable or necessary.

[Source: Amended and renumbered from 340:75-3-8.7 at 30 Ok Reg 389, eff 7-1-13; Amended at 36 Ok Reg 443, eff 4-9-19 (emergency); Amended at 37 Ok Reg 1850, eff 9-15-20]