Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
340:75-3-7.2. Reports of abuse or neglect by someone other than the person responsible for the child (PRFC)
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Revised 12-8-00


(a) Determination of responses.  When a reporter makes an allegation of abuse or neglect perpetrated by someone other than a PRFC, a preliminary inquiry, investigation, or assessment is conducted to ensure that the alleged abuse or neglect does not appear to be attributable to failure on the part of a PRFC to provide protection.  It is also determined whether the third party perpetrator lives with children who could be at risk due to the alleged perpetrator.  If so, a separate referral is completed regarding those children.  The referral is assigned for investigation or assessment if there is sufficient information to indicate that the child(ren) are at risk of harm.

(b) Preliminary inquiry protocol.  A preliminary inquiry is conducted when information contained in the report indicates that the alleged abuse or neglect is not attributable to failure on the part of a PRFC to provide protection.  Information provided in the report should indicate that the alleged child victim is not at risk of further abuse and neglect by the third party perpetrator.  A third party perpetrator who is a relative does not fit the criteria for preliminary inquiry.   • 1

(c) Third party investigation or assessment protocol.  An investigation or assessment is conducted when it is unknown whether the alleged abuse or neglect of a child was attributable to failure on the part of the PRFC to provide protection for the child.  Since it is not possible to determine without an evaluation of the family’s circumstances whether a PRFC protected a child from abuse or neglect by a relative, an investigation or assessment is conducted whenever the alleged third party perpetrator is related to the child victim.  The investigation or assessment is conducted as an investigation or assessment of alleged neglect or failure to protect on the part of the PRFC.  The alleged perpetrator(s) in the investigation or assessment of neglect or failure to protect is the PRFC.   • 2

(d) Third party investigation or assessment findings.  If it is determined that the PRFC has protected and will continue to protect the child, a finding of no services needed is made unless the CW worker determines that services are recommended to continue to ensure protection for the child(ren).  If it appears that the abuse or neglect was attributable to failure on the part of the PRFC to protect the child, a finding of confirmed neglect is appropriate.

(e) Medical examinations.  It is the duty of the PRFC to secure medical examinations that may be necessary due to abuse or neglect of a child by a third party.   • 3

(f) Referral to law enforcement.  Referral to law enforcement is made immediately upon determination that a report involves someone other than the PRFC.  The initial referral is made verbally, then followed up in writing and given to law enforcement in the county where the report was received.  Reports that are called into the Statewide Hot Line are referred to the local county with responsibility for notifying local law enforcement.    • 4

INSTRUCTIONS TO STAFF 340:75-3-7.2

 

Instructions to Staff Only Revised 6-1-07

 

1 (a) The preliminary inquiry protocol consists of:

(1) obtaining the report information and documenting it on Form 04Kl001E, Referral Information Report;

(2) determining whether the third party perpetrator lives with children who could be at risk;

(3) verbally notifying law enforcement of the report of abuse or neglect by someone other than the PRFC;

(4) documenting the report as a screened out report that is not assigned;

(5) forwarding Forms 04Kl001E and 04CP002E, Notification to Law Enforcement Agency of Child Abuse or Neglect Report, to law enforcement; and

(6) completing Form 04Kl001E related to the third party perpetrator if he or she lives with children.

(b) Examples of the need for a preliminary inquiry are a:

(1) parent calls to report abuse of his or her child by a stranger.  The information contained in the report indicates that the parent is taking appropriate steps to protect the child;

(2) 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

(3) child is reportedly abused by a neighbor and there is no indication that the PRFC failed to protect the child.

2.   (a) A third party investigation or assessment protocol consists of:

(1) obtaining the report information and documenting it on Form 04Kl001E;

(2) determining whether the third party perpetrator has children who are at risk;

(3) completing Form 04Kl001E relating to the alleged perpetrator and his or her own children, if appropriate;

(4) verbally notifying law enforcement of the report of abuse or neglect by someone other than the PRFC;

(5) forwarding Forms 04Kl001E and 04CP002E to law enforcement;

(6) assigning the report;

(7) interviewing the child victim;

(8) interviewing the siblings of the child victim.  If the minor sibling is an alleged perpetrator and there is the potential for criminal charges, the interview is coordinated with law enforcement.  The interview with the minor sibling perpetrator is conducted only to determine the family dynamics and whether the PRFC protected the child victim and will continue to protect the child victim from the sibling perpetrator;

(9) interviewing the PRFC as the alleged perpetrator of neglect;

(10) interviewing any collaterals necessary to determine a finding.  The interview with the third party perpetrator is the role of law enforcement; and

(11) documenting the findings of the neglect or failure to protect investigation or assessment, per OAC 340:75-3-10.3.

(b) Examples of the need for third party investigation or assessments are a:

(1) 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 friend indicates the need to conduct an investigation or assessment 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

(2) child's grandparent who does not live in the home of the child allegedly sexually abused the child.  While the grandparent is a third party perpetrator, the close relative relationship indicates the need to conduct an investigation or assessment to rule out failure to protect on the part of the PRFC and to determine whether there will be ongoing protection for the child.

3.   If the PRFC refuses to secure needed medical attention for a child, the worker evaluates the level of risk to the child and determines whether a request will be made to law enforcement regarding protective custody for the purposes of securing an exam or a request made to the district attorney for an application for a court order to secure needed medical treatment.

4.   Form 04Kl001E may be sent to law enforcement for written documentation with Form 04CP002E attached.  When forwarding Form 04Kl001E to law enforcement, the name of the reporter is deleted.  The name of the reporter is maintained on the copy that remains in Oklahoma Department of Human Services files so that this information can be provided verbally to law enforcement, if requested.