(a) Purpose. Child Protective Services (CPS) is a Child Welfare (CW) service that focuses on identifying, treating, and preventing child abuse and neglect and ensuring reasonable efforts are made to maintain and protect children in their own homes when their safety is not at risk. The primary purposes of CPS intervention are:
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(1) protection and control of the safety of children who are at risk of abuse and neglect; and
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(2) provision of services to alter the conditions that create risk of abuse or neglect. These purposes are carried out through:
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(A) identifying problems and understanding the dynamics of child abuse or neglect cases;
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(B) controlling the safety and protection of children who were abused or neglected or who are at risk of abuse or neglect;
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(C) encouraging behavioral change in families;
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(D) helping families develop coping skills;
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(E) enhancing families' problem-solving capabilities;
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(F) promoting family maintenance, structure, and stability;
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(G) encouraging growth and maturity in families;
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(H) reducing the stress in families who are in crisis;
(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 Sections 7001-1.1 and 7001-1.2 of Title 10 of the Oklahoma Statutes (10 O.S. § 7001-1.1 and 7001-1.2). Safety drives all case planning decisions, including investigation or assessment, safety planning, court intervention decisions, voluntary case decisions, visitation, and reunification. The safety needs of children three years and younger are given the greatest consideration as these children are most at risk for life-threatening consequences of abuse or neglect.
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(1) Effective intervention requires CPS respond in a nonpunitive manner and offer help in the least intrusive manner possible.
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(2) All CPS intervention is directed toward rehabilitation when possible.
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(3) Children belong with their parents when safety can be ensured.
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(4) Families must be involved and participate in the casework process.
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(5) Consistent with federal and state requirements:
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(6) When children cannot be maintained in their homes, court intervention, including removal of the child, may be necessary per Title 10 of the Oklahoma Statutes.
(c) Legal base and authority.
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(1)
10 O.S. § 7101 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, investigates or assesses such reports and forwards investigative findings to the appropriate district attorney's (DA's) office with a recommendation regarding the disposition. Upon request from the DA's office, reports of assessment recommendations are forwarded to the DA's office.
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(2)
10 O.S. § 7111 requires OKDHS maintain an information system of the investigation findings or assessment conclusions.
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(3)
10 O.S. § 7003-2.1 sets forth methods by which custody of a child may be assumed. Law enforcement officers or 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 by the DA.