INSTRUCTIONS TO STAFF 340:75-3-6.1
Revised 10-1-11
1. Anonymous reports. When a person reporting suspected child abuse, neglect, or both is reluctant to identify himself or herself, the Oklahoma Department of Human Services (OKDHS) Abuse and Neglect Hotline (Hotline) specialist:
(1) uses good interviewing skills to obtain the reporter's identity; and
(2) attempts to determine relevant information and the reporter's relationship to the child and family in question.
2. Child Protective Services (CPS) reports regarding an OKDHS employee. Specific procedures are followed when a report of neglect, abuse, or both is received involving an OKDHS employee or a member of the employee's immediate or extended family, with the exception of alleged abuse in an institution.
(1) A CW specialist from Field Operations Division (FOD) in another county is assigned the assessment or investigation:
(A) to avoid potential conflicts of interest when there is close proximity between the CW office and work location of the OKDHS employee; or
(B) when the CW specialist is acquainted with the OKDHS employee or the employee's family.
(2) When a report alleges serious physical or sexual abuse by a CW staff person the local district attorney is consulted to determine the most objective course of investigation.
(3) Hotline staff contact the FOD area director for direction regarding assignment of the accepted report for assessment or investigation.
(4) All case information related to the assessment or investigation is restricted in KIDS.
3. Reports of abuse, neglect, or injury of a child in an open permanency planning, trial reunification, or voluntary Family-Centered Services (FCS) case.
(1) When abuse or neglect of a child, who is part of an open permanency planning, trial reunification, or voluntary FCS case, is suspected, or when the child has evidence of any abuse, neglect, or both per OAC 340:75‑3-6, 340:75-4-13, and 340:75-6-88, including alleged accidental physical injury when the accidental injury is to the face, head, neck, stomach, or genitals, the information is reported to the Hotline and documented on Form 04KI001E, Referral Information Report.
(2) The Hotline supervisor may screen out the report of accidental injury to the child when someone other than the direct caregiver verifies, during a preliminary inquiry, that the injury was the result of an accident. The Hotline refers the report for a preliminary inquiry to the CW specialist responsible for the child.
(A) The CW specialist conducts and completes a preliminary inquiry within 23 hours of receipt of the report to determine whether the injury was the result of an accident. The preliminary inquiry includes interviewing the:
(i) child;
(ii) witnesses; and
(iii) person who was the direct caregiver at the time of the incident.
(B) The preliminary inquiry may include seeking a professional medical opinion, when appropriate. A medical examination or consultation with a physician is required for:
(i) a child five years of age or younger with any burn or fracture;
(ii) a child five years of age or younger with any bruise or mark to the head, face, neck, stomach, or genitals;
(iii) a child any age with an unexplained or implausibly explained bruise, burn, or fracture; or
(iv) a non-ambulatory child with any bruise, burn, or fracture.
(C) Injuries are photographed and the photographs are stored in the case file and scanned into the KIDS File Cabinet in the child's case.
(D) The CW specialist documents all information concerning the injury in KIDS Contacts screen in the child's case.
(E) The CW specialist reports the results of the preliminary inquiry to the Hotline and based on the information, the report is:
(i) screened out as an accidental injury; or
(ii) assigned for investigation.
(F) Information justifying the screen-out disposition is documented in the Contact screen of Form 04KI001E, Referral Information Report, by the CW specialist who conducted the preliminary inquiry.
(G) CW specialist notifies the parent that the:
(i) result of the preliminary inquiry determined the injury was accidental; or
(ii) report of injury is assigned for a child abuse or neglect investigation.
(H) The report assigned for investigation is assigned to a CW specialist who does not have assignment to the open permanency planning, trial reunification, or voluntary family-centered services case.
4. Newborns in an active permanency planning or voluntary FCS case. When a baby is born to a person responsible for the child (PRFC) or to a minor child in OKDHS custody with an open permanency planning or voluntary FCS case, the information is reported to the Hotline and documented on Form 04KI001E, per OAC 340:75‑3-6.
(1) When the baby is born to a PRFC with an open permanency or voluntary case, the referral is accepted and assigned as an investigation to determine the immediate safety of and threat of harm to the newborn per OAC 340:75‑3-6, 340:75-3-10.1 Instructions To Staff (ITS), and 340:75-6-40.3.
(2) When the baby is born to a minor child in OKDHS custody, the referral is accepted and assigned as either an assessment or investigation per OAC 340:75-3-7.3.
5. Address Confidentiality Program (ACP). Reports regarding child abuse and neglect that fall within the scope of CPS are accepted for assessment or investigation even though the actual finding address of the child is confidential, per 22 O.S. § 60.14.
6. Indian children. To ensure compliance with the Indian Child Welfare Act (ICWA), procedures per OAC 340:75-19-9 and 340:75-19-10 are followed for all children reported or determined to be Indian.
7. Reports of abuse, neglect, or a violation of OKDHS rules in foster or trial adoptive homes.
(1) When a report regarding a foster or trial adoptive home is received, it is documented and evaluated to determine whether the allegations indicate abuse, neglect, or a violation of OKDHS rules. Reports of abuse or neglect of children in foster or trial adoptive homes are documented on Form 04KI001E.
(2) When information is received from any source, including the child, that an OKDHS rules violation occurred and it is not known if there is resulting physical or mental injury or potential for serious physical or mental injury, a preliminary inquiry is conducted and completed by the permanency planning specialist within 23 hours of receipt of the report. When the suspected rules violation is reported to the Hotline by someone other than the CW specialist responsible for the child, the Hotline contacts the CW specialist responsible for the child and the resource specialist, when applicable, to gather additional information to assist the screening decision.
(A) The responsible CW specialist interviews and observes the child for any injuries.
(B) When serious injuries or sexual abuse are suspected during the preliminary inquiry, an investigation is immediately initiated. When there are no injuries or other safety threat indicators:
(i) a summary of the CW specialist's contact with the child is entered in the narrative of Form 04KI001E;
(ii) the report is screened out by selecting "policy violation" and entering the resource ID;
(iii) an assignment is generated by KIDS to the resource supervisor;
(iv) the report is referred to CW foster care or adoption staff to address the violations, per OAC 340:75-7-94; and
(v) OKDHS Children and Family Services Division (CFSD) CPS, Foster Care, Adoption, Therapeutic Foster Care (TFC), Tribal, or Family-Centered Services Section, as appropriate, is notified by email of the screened out report when the report is regarding a child in a foster or trial adoptive home. OAC 340:75-3-7 Instructions to Staff (ITS) provides examples of appropriate screened out reports regarding a child in a foster or trial adoptive home.
(C) A preliminary inquiry is not conducted or if initiated is converted to an investigation immediately when information indicates the child is in imminent danger or the circumstances meet the criteria for investigation.
(3) All reports that meet the definition of abuse or neglect of a child in a foster or trial adoptive home are assigned as investigations including, but not limited to:
(i) non-accidental physical or mental injuries to a child of any age;
(ii) neglect;
(iii) sexual abuse; and
(iv) behaviors by the foster or trial adoptive parent that involve hitting or striking a child five years of age or younger, even when there is no report or observation of injury.
(4) All investigations regarding suspected abuse or neglect in foster or trial adoptive homes are assigned as a Priority I.
(A) When information indicates the safety of the child can be assured without an immediate investigation, the Hotline supervisor may assign the report as a Priority II with a response time of no more than three days for initiation of the investigation.
(B) The Hotline supervisor documents the reason the report was not assigned as Priority I on Form 04KI001E.
(5) When an incident is reported alleging child abuse or neglect in a foster or trial adoptive home that is not a recent event, a preliminary inquiry is conducted to determine whether there are children in the foster or trial adoptive home who may be at risk of present or impending danger or safety threats.
(A) When the foster or trial adoptive home is open, the report is assigned for investigation. An example is an adult who reports she was molested as a child by her foster father and the foster home is currently open.
(B) When a report is received regarding a closed foster or trial adoptive home, the allegations are assessed considering:
(i) the information reported or obtained from the alleged victim;
(ii) the time elapsed since the alleged incident; and
(iii) the current safety threats.
(C) When the allegations contain issues of inappropriate discipline or other rules violations:
(i) the report is screened out using policy violation as the reason;
(ii) the report is associated to the resource file on the disposition screen of the report; and
(iii) a copy of the report is filed in the closed foster or trial adoptive resource record.
(6) When a report of child abuse or neglect is received regarding a child in a foster or trial adoptive home that identifies the alleged perpetrator as a person not responsible for the child (non-PRFC), a referral is made to law enforcement. A preliminary inquiry is conducted to determine whether the foster or trial adoptive parent failed to protect the child from a high risk situation that the foster or trial adoptive parent had knowledge of or could have predicted.
8. Reports of abuse in a child care center or home.
(1) Reports of physical abuse, sexual abuse, and serious neglect in child care centers or homes, licensed or unlicensed, are investigated by CPS staff.
(A) All accepted child care home and center reports are assigned as investigations.
(B) The response time for initiation of the investigation pertaining to child care centers depends on whether the alleged perpetrator is employed, resides in the home, or continues to care for or have access to children.
(C) Accepted reports pertaining to child care homes are assigned a Priority I response time for initiation of the investigation because generally, the owner/operator is the employee with continuing access to children.
(2) Allegations of general neglect and violations of licensing laws and regulations such as a dirty facility, unsupervised children, or other similar situations are referred to and addressed by Oklahoma Child Care Services (OCCS).
9. Reports of alleged medical neglect of infants born alive or with disabilities.
(1) Reports alleging a parent's denial of medically beneficial treatment including nutrition and hydration, to an infant born alive or an infant with disabilities are accepted and assigned for investigation. The Hotline specialist obtains as much information as possible regarding the:
(A) infant's condition, including diagnosis and prognosis; and
(B) basis for the reporter's statement that medically indicated treatment is being, or will be, withheld.
(2) Reports alleging denial of medically beneficial treatment by the medical provider are investigated by the Office of Client Advocacy. When reports of neglect by a medical provider are received, the Hotline notifies the county director and CFSD CPS Section who makes a referral to the Office of Client Advocacy.
10. Reports of a child death or near-death. When the OKDHS Abuse & Neglect Hotline receives a report concerning the death or near-death of a child that is suspected to be the result of abuse or neglect, email contact is made with CFSD CPS section programs staff at *STO.DCFS.CPS Notifications. Refer to OAC 340:75-3-9.1 Instructions to Staff (ITS) # 2.
(1) The OKDHS Abuse and Neglect Hotline staff immediately notifies the CFSD CPS section of a report of a child's death or near-death by email.
(2) The information provided to CFSD CPS Section regarding the child includes:
(A) name;
(B) date of birth;
(C) date of death or near-death incident;
(D) race;
(E) gender;
(F) circumstances of the child's death or near-death;
(G) any known CW history;
(H) KIDS report number; and
(I) assigned county.
11. Investigations are required when three or more referrals are accepted or the family is or was the subject of a deprived petition. An accepted referral is assigned for investigation when:
(1) an assessment or investigation has been conducted on three or more previous referrals of abuse or neglect; or
(2) the child or family members listed in an accepted referral have been the subject of a deprived petition.
12. New accepted referrals regarding open assessments or investigations. More than one report regarding the same family may be an indicator of increasing danger, particularly when one or more previously assigned reports have not been initiated or completed.
(1) When a subsequent report is received, the Hotline supervisor reviews each report and considers the previous reports in determining response times for initiation of the assessment or investigation.
(2) When any of the pending reports are assigned as investigations, subsequent reports that meet acceptance criteria are accepted and assigned as investigations.
(3) When three or more reports have been accepted, the most recently accepted report is assigned as an investigation.
13. Reports of abuse or neglect alleging someone other than the PRFC is the perpetrator.
(1) When a reporter makes an allegation of abuse or neglect perpetrated by someone other than a PRFC, a preliminary inquiry, assessment, or investigation is conducted to determine if the alleged abuse or neglect is attributable to failure on the part of a PRFC to provide protection. A determination is made regarding whether the third party perpetrator resides with a child who may be unsafe due to the alleged perpetrator's actions. A separate referral is completed and assigned for CPS assessment or investigation when information indicates a child is at risk of harm.
(2) A preliminary inquiry is conducted when the report indicates the alleged abuse or neglect is not attributable to failure on the part of the PRFC to provide protection and the alleged child victim is not at risk of further abuse or neglect by an unrelated third party perpetrator. The preliminary inquiry protocol consists of:
(A) documenting report information on Form 04Kl001E, Referral Information Report, related to a third party perpetrator;
(B) determining whether the third party perpetrator lives with or has a child who could be at risk;
(C) verbally notifying law enforcement of the report of abuse or neglect alleging someone other than the PRFC, is the perpetrator;
(D) forwarding Form 04Kl001E, Referral Information Report, and Form 04CP002E, Notification to Law Enforcement Agency of Child Abuse or Neglect Report, to law enforcement and screening out the third party perpetrator report that is not assigned;
(3) Examples of the need for a preliminary inquiry include, but are not limited to, a:
(A) parent calls to report abuse of his or her child by a stranger and the information indicates the parent is taking appropriate steps to protect the child;
(B) grandmother, who is the child's legal guardian, calls to report abuse of her grandchild by a teacher. The grandmother provides information that indicates she is taking appropriate action to protect the child; or
(C) child is reportedly abused by a neighbor and there is no indication that the PRFC failed to protect the child.
(4) A referral is assigned for CPS assessment or investigation to evaluate the family's circumstances when it is unknown whether the alleged abuse or neglect of a child by a third party relative is attributable to failure on the part of the PRFC to provide protection for the child. A third party assessment or investigation assignment protocol consists of:
(A) documenting report information on Form 04Kl001E;
(B) determining whether the third party perpetrator lives with or has a child who is at risk;
(C) completing Form 04Kl001E relating to the alleged perpetrator and the perpetrator's own child, when appropriate;
(D) verbally notifying law enforcement of the report of abuse or neglect by someone other than the PRFC;
(E) forwarding Forms 04Kl001E and 04CP002E to law enforcement; and
(F) assigning the report for assessment or investigation.
(5) Examples of the need for third party assessment or investigation include, but are not limited to, a:
(A) child is allegedly abused by a temporary baby-sitter who is a close friend of the child's mother. While the baby-sitter is an alleged third party perpetrator, the close friendship between the mother and the alleged perpetrator indicates the need to conduct an assessment or investigation to rule out failure to protect on the part of the PRFC and to determine whether there will be ongoing protection for the child; or
(B) child's grandparent, who does not live in the child's home, allegedly sexually abused the child. While the grandparent is a third party perpetrator, the close relative relationship indicates the need to conduct an assessment or investigation to determine if the PRFC failed to protect and whether there will be ongoing protection for the child.
14. Reports resulting from judicial proceedings.
(1) When a report of abuse or neglect is made by a referring court resulting from a child custody or visitation proceeding, the report is accepted for an assessment or investigation.
(A) When evidence in a court proceeding concerning child custody or visitation indicates that a child may be a victim of abuse or neglect, the court makes a report to OKDHS for assignment as an assessment or investigation.
(B) When evidence in a court proceeding concerning child custody or visitation indicates a child is in surroundings that endanger the welfare of the child, the court may enter an order placing the child in OKDHS emergency custody at which time the provisions of the Oklahoma Children's Code apply.
(2) When any defendant sentenced to incarceration has sole custody of a minor child and has not made appropriate arrangements for the care of the child during the period of incarceration, the court makes a referral to OKDHS by contacting the Hotline and completes an OKDHS-provided form.
(3) Any court presiding over any proceeding may report allegations of child abuse or neglect to OKDHS for assignment as an assessment or investigation.
(4) Judicial reports are not screened out except with permission of the referring court.
15. Abandoned or relinquished newborn. When a parent is reported to have abandoned or relinquished a newborn, a report is provided to the Hotline and documented on Form 04KI001E, Referral Information, and assigned for investigation. When the name and birth date of the abandoned newborn is unknown, the newborn's:
(1) first name is selected by the CW specialist and entered in KIDS;
(2) last name is entered as XOXO in KIDS; and
(3) birth date is entered as the 15th day of the month of birth.