SECTION 340:75-3-460. Child death or near-death review

(a)   Child death or near-death definitions. The following words and terms shall have the following meanings, when Oklahoma Department of Human Services (DHS) investigates a child death or near-death or is required to disclose certain information after a child death or near-death that does not meet DHS criteria for investigation, per Section 1-6-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-6-105).

(1)   "Abuse" means harm or threatened harm or failure to protect from harm or threatened harm to the child's health, safety, or welfare by a person responsible for the child (PRFC) including, but not limited to, non-accidental physical or mental injury, sexual abuse, or sexual exploitation. However nothing contained in this Section prohibits any parent from using ordinary force as a means of discipline including, but not limited to, spanking, switching, or paddling.

(2)   "Near-death" means a child is in serious or critical condition as verified by a physician, registered nurse, or other licensed health care provider. Verification of the child's medical condition may be provided in person, by phone, email, facsimile, or mail.

(3)   "Person responsible for a child" means, for the purposes of this Statute only:

(A)   "a PRFC health, safety, or welfare as provided in 10A O.S. § 1-1-105; and

(B)   any person who voluntarily accepted the duty of supervising a child; or

(C)   any person who was directed or authorized to supervise a child by the PRFC health, safety, or welfare.

(b)   Child death or near-death investigation protocol. The child death or near-death investigation requires a multidisciplinary approach. The protocol used during the child death or near-death investigation is the same protocol used in other in-home and out-of-home investigations but includes additional interviews, coordination with law enforcement and medical professionals, and evaluation of case records, per Oklahoma Administrative Code (OAC) 340:75-3-200.

(c)   Child death and near-death investigations subject to program, administrative, or committee review. The child death or near-death resulting from suspected abuse or neglect investigated by DHS is subject to evaluation by program, or administrative review.

(d)   Public disclosure of DHS child death and near-death information. Requests for the release of information concerning the DHS-investigated child death and near-death are processed, per OAC 340:75-1-44.

(e)   Death and near-death notice provided to Governor and Legislature. When DHS has reasonable cause to suspect the child death or near-death is the result of abuse or neglect, DHS notifies the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives of the initial investigative findings of the child protective services review, per 10A O.S. § 1-6-105. Notice is communicated securely no later than 24 hours after the reasonable determination of suspicion.

[Source: Amended and renumbered from 340:75-3-9.1 at 30 Ok Reg 389, eff 7-1-13; Amended at 36 Ok Reg 1856, eff 9-16-19]