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340:75-3-6.1. Exceptional reports of child abuse and neglect

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Revised 6-1-08

(a) Reports resulting from divorce or child custody actions. If a report of abuse, neglect, or both, is made by a referring court resulting from a divorce, child custody, or juvenile action, an investigation or assessment is initiated, per OAC 340:75-3-5, 340:75‑3-7.1, and 340:75‑3‑8.

(1) Findings of the investigation or the conclusions of the assessment resulting from child custody actions are submitted to the referring court, using Form 04KI003E, Report to District Attorney, within 30 days of receipt of the referral.
(2) Form 04KI003E is submitted to the district attorney, per OAC 340:75-3-11.
(3) The Child Welfare (CW) worker notifies the parties to the proceeding when Form 04KI003E is submitted to the court.

(b) Anonymous reports. Anonymous reports that meet the definition of abuse or neglect are assigned for investigation or assessment. When a person reporting suspected child abuse, neglect, or both, is reluctant to identify himself or herself, the Child Welfare (CW) worker:

(1) uses good interview skills to obtain the reporter's identity; and
(2) attempts to determine the reporter's relationship to the child and family in question and any other relevant information.

(c) Child Protective Services (CPS) reports on an OKDHS employee. Specific procedures are followed when a report of neglect, abuse, or both, is received that involves an Oklahoma Department of Human Services (OKDHS) employee or a member of the employee's immediate or extended family, with the exception of alleged abuse in an institution. • 1

(d) CPS reports to other counties. A referral is made to CW in the family's county of residence when a referral is received regarding a child and family who are in another county. • 2

(e) Reports of abuse or neglect in an active permanency planning or voluntary FCS case. Information regarding the injury is documented on Form 04KI001E, Referral Information Report, if a child, who is part of an ongoing permanency planning or voluntary Family-Centered Services (FCS) case, is reported or observed by the CW worker to have any injury to the face, head, neck, stomach, or genitals, even an allegedly accidental injury, or to have evidence of any abuse, neglect, or both, per OAC 340:75‑3-6, 340:75-4-13, and 340:75-6-85.1. • 3

(f) 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 documented on Form 04KI001E, per OAC 340:75‑3-6. • 4

(g) Address Confidentiality Program (ACP). Reports regarding child abuse and neglect that fall within the scope of CPS are accepted for investigation or assessment even though the actual finding address of the child is confidential, per Section 60.14 of Title 22 of the Oklahoma Statutes. • 5

(h) CPS reports on Indian children. In order 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 Indian.

(i) Abandoned newborn. When a parent(s) is reported to have abandoned a newborn, the report is documented on Form 04KI001E, per OAC 340:75-3-6 and assigned for investigation, per OAC 340:75-3-7.1 and 340:75‑3‑8. • 6

INSTRUCTIONS TO STAFF 340:75-3-6.1

Revised 6-1-08

1.  Procedures involving OKDHS employees or family members. The procedures in (1) through (6) are followed when a report of abuse or neglect involves an Oklahoma Department of Human Services (OKDHS) employee or member of the employee's immediate or extended family.

(1) If the report alleges that the child is seriously injured or in need of medical attention, emergency intervention, or both, the Child Welfare (CW) worker immediately assists in ensuring protection for the child and other children in the home.

(2) The facts involved in the allegation are reported immediately to the district attorney (DA). If the DA declines to intervene, the investigation or assessment is conducted by CW.

(3) A CW worker from another county or Field Operations Division (FOD) services area is assigned to investigate or assess to avoid any potential conflict of interest any time there is close proximity between the CW office and work location of the OKDHS employee or when the CW worker is acquainted with the OKDHS employee or employee's family.

(4) The county director is advised when:

(A) it is necessary to arrange for an investigation or assessment outside of the county; or

(B) there is potential risk to any client.

(5) If the employee is housed in the county office where CW is located, is in a position of responsibility for children, or if the report alleges serious abuse or neglect, the FOD area director is advised of the report. The Children and Family Services Division (CFSD) Child Protective Services programs manager is consulted, as needed.

(6) The initial contact with the OKDHS employee, as in any child abuse and neglect investigation or assessment, is through an unannounced visit to the employee's home. Interviews are not conducted in the OKDHS office unless requested by the employee. All information is confidential and not discussed with the OKDHS employee in the presence of his or her co‑workers or supervisor. All case information related to the investigation or assessment is restricted in KIDS.

2.  Coordination between counties. When the child victim is in one county and the family or caregiver in another, CW staff in the respective counties coordinates the investigation or assessment.

(1) The county in which the child is located has primary assignment on KIDS as the investigative or assessment interview with the child is the first step. Secondary assignment is given to those counties in which family members, caregivers, or collaterals reside. The primary and secondary assignment may be changed after contact with the child victim.

(2) For case management when CW services are provided, primary and secondary assignment may differ, per OAC 340:75‑1-26 Instructions to Staff (ITS). Only one Form 04KI003E, Report to District Attorney, is completed on an investigation involving one family and multiple counties, per OAC 340:75-3-11 ITS.

3.   Disposition of reports.

(1) The CW supervisor may screen out the report if someone other than the direct caregiver verifies that the injury was the result of an accident.

(A) Information justifying the screen out disposition is documented in the Additional Information section of Form 04KI001E, Referral Information Report.

(B) The CW worker documents all information concerning the injury in KIDS Contacts screen in the child's case.

(2) Reports that are assigned for investigation or assessment follow the time frames for completion in (A) through (D).

(A) Investigative or assessment interview with the child victim and person(s) responsible for the child is completed and documented within ten working days from the date the report is received.

(B) At ten working days, a staffing is held between the CPS worker, child's CW worker, CW supervisor, and CW field liaison to determine whether it is safe for the child to remain in or return to the home, as applicable.

(C) The CPS worker is responsible for arranging the staffing and documenting the staffing results in the Report to DA and KIDS Contact screens of the child's case.

(D) All remaining investigative or assessment interviews are completed and Form 04KI003E is prepared in time for the child's upcoming court hearing or in accordance with the 60-day completion time frame, whichever is first.

4.   Newborn investigations.

(1) When the baby is born to a PRFC, the referral is assigned as an investigation to determine the immediate safety of and threat of harm to the newborn per OAC 340:75-3-10.1 ITS and 340:75-6-40.3 ITS.

(2) When the baby is born to a minor child in OKDHS custody, the referral is assigned as either a CPS assessment or investigation per OAC 340:75‑3‑7.3.

5.  Responsibilities to Address confidentiality Program (ACP) participants. In cases involving ACP participants, the CW worker:

(1) follows the verification of and the investigative or assessment responsibilities and tasks related to ACP participants, per OAC 340:75‑1‑30;

(2) arranges an alternate location to interview and observe the child if the participant declines to provide a finding address; and

(3) documents in KIDS Interview screen why a home visit was not accomplished.

6.  Abandoned newborn. When the name and birth date of the abandoned newborn is unknown, the newborn's:

(1) first name is selected by the CW worker and entered in KIDS;

(2) last name is entered as XOXO in KIDS; and

(3) birth date is entered as the 15^th day of the month of birth.

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