(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 health, safety, or welfare (PRFC). The responsibility of CPS is to address intrafamilial abuse or neglect. CPS investigates or assesses allegations of abuse or neglect in which the perpetrator is identified as:
-
(1) a parent, whether custodial or noncustodial;
-
(2) a legal guardian or custodian;
-
(3) an adult residing in the home of the child, including an adult who is cohabitating with the child's parent; or
-
(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) Section 7106 of Title 10 of the Oklahoma Statutes (10 O.S. § 7106) mandates that the Oklahoma Department of Human Services (OKDHS) 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.
-
(1) 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.
-
(2) 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.
-
(3) Certain allegations of failure to protect or corporal punishment in the home of a foster parent or kinship placement may be conducted as an assessment, per OAC 340:75-3-7.3 and 340:75-3-8.1.