(a) Child Protective Services (CPS) intervention is warranted when a child is abused or neglected or at risk of significant harm because of willful acts, intent to act, or omissions by the person responsible for the child's (PRFC) health, safety, or welfare. The responsibility of CPS is to address intrafamilial abuse or neglect. CPS assesses or investigates allegations of abuse or neglect in which the perpetrator is identified as:
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(1) a parent, whether custodial or noncustodial;
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(2) a legal guardian or custodian;
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(3) an adult residing in the home of the child, including an adult who is cohabitating with the child's parent; or
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(4) a person other than a PRFC only to the extent necessary to determine whether harm to the child reflects a PRFC's unwillingness or inability to protect the child.
(b) The Oklahoma Department of Human Services (OKDHS) is mandated per Section 1-2-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-2-105) to investigate alleged abuse or neglect by a foster parent or an owner, operator, or employee of a child care facility, child care center, or home, as defined in 10 O.S. § 401, whether licensed or unlicensed.
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(1) The assignment of responsibility and protocol for investigations in foster homes is found in
OAC 340:75-3-8.1.
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(2) The assignment of responsibility and protocol for investigations in child care centers or homes is found in
OAC 340:75-3-5(a)(2) and
340:75-3-8.2.
- (3) Except where employed in a child care facility, school teachers and officials, OKDHS employees, and other persons providing services to the child are not PRFCs.