(a) Purpose.  Child Protective Services (CPS) is a Child Welfare (CW) service that focuses on preventing, identifying, and treating child abuse and neglect and ensuring reasonable efforts are made to maintain and protect children in their own homes when safety threats can be managed and controlled.  The primary purposes of CPS intervention are:

• (1) protection and control of the safety of children who are at risk of abuse and neglect; and
• (2) provision of services to alter the conditions and behaviors that cause a risk of abuse, or neglect, or safety threats. 

(b) Philosophy.  The CW program emphasizes safety of children and preservation of the family when the child is safely maintained within the family.  While family reunification or rehabilitation is an optimum means for protecting children, the right to family integrity is limited by the right of children to be protected from abuse and neglect, per Section 1-1-102 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-102). 

• (1) Consistent with federal and state requirements:
  • (A) reasonable efforts are made when possible to prevent or eliminate the need for a child's removal; or
  • (B) intervention is directed toward reunification of the child with the family, when the child will be safe in the home.
• (2) When children cannot be safely maintained in their homes, court intervention, including removal of the child, may be necessary.

(c) Legal base and authority.

• (1) 10A O.S. § 1-2-101 et seq. requires that suspected abuse and neglect be reported to Oklahoma Department of Human (OKDHS).  OKDHS, in accordance with priority guidelines established by OKDHS, conducts a safety analysis and forwards the investigation findings or assessment conclusions to the appropriate district attorney's (DA's) office with a recommendation regarding the disposition. 
• (2) 10A O.S. § 1-2-108 requires OKDHS maintain an information system of the assessment conclusions or investigation findings, in addition to other child abuse and neglect related information.
• (3) 10A O.S. § 1-4-201 sets forth methods by which custody of a child may be assumed.  Law enforcement officers or designated employees of the court are authorized to assume protective custody without a court order in appropriate circumstances, or the court may issue an order for emergency custody after application, supported by an affidavit, by the DA.