INSTRUCTIONS TO STAFF 340:75-3-7.3

Revised 10-1-11

1.   The guidelines outlined in this Instruction assist Child Welfare (CW) Hotline specialists and supervisors with decision making on whether a report is handled as an investigation or an assessment.  This guide is not intended to be all inclusive and does not replace judgment regarding alleged risk factors and safety threats.

(1) Factors to consider in conjunction with the guidelines.  As in any decision-making process, the risk factors are considered first rather than strictly following the guidelines. 

(A) The age of the child is a critical risk factor since any abuse or neglect to a child five years of age and under has the potential to constitute a serious and immediate safety threat to the child's health and safety.  

(B) Refer to OAC 340:75-3-7.1, Instructions to Staff (ITS), for priority guidelines.

(C) An investigation is the more cautious approach and has a response time of five calendar days or less.

(2) Assignment of investigations and assessments.  When a report is assigned as an assessment, but upon contact with the family the specialist determines the family situation falls within guidelines for an investigation, an investigation is initiated immediately by the CW specialist assigned to the assessment.

(4) Investigations.  An investigation is conducted when the allegations in the report indicate there is serious abuse or neglect resulting in immediate  or impending harm to the child.  Examples of reports addressed as investigations include:

(A) child sexual abuse by a person responsible for a child (PRFC);

(B) a child death or near-death;

(C) a child placed in Oklahoma Department of Human Services (OKDHS) emergency custody;

(D) abuse or neglect in a:

(i) child care center or home that is licensed or should be licensed; or

(ii) foster family or trial adoptive home;

(E) abuse or neglect resulting in serious injury or near-death or risk of near-death including, but not limited to:

(i) children five years of age or younger that are alleged to be left alone;

(ii) fractures;

(iii) burns or lacerations;

(iv) head trauma;

(v) life-threatening injuries;

(vi) torture;

(vii) mutilation;

(viii) maiming;

(ix) forced ingestion of a dangerous substance; or

(x) confinement with life-threatening consequences;

(F) abuse or neglect requiring medical evaluation or treatment, including, but not limited to:

(i) non-organic failure-to-thrive;

(ii) multiple injuries of varying ages;

(iii) suspected fabricated or induced illnesses;

(iv) injuries to fragile areas of the body such as head, face, neck, or genitals;

(v) serious medical neglect; and

(vi) serious suicide threats or attempts and emergency intervention is required;

(G) abandonment;

(H) infant born exposed to drugs;

(I) any alleged inflicted physical injury to a child five years of age or younger;

(J) emotional abuse or neglect that results in the child displaying self‑destructive behaviors, such as eating disorders or self-mutilation;

(K) history of confirmed or substantiated reports of serious abuse or neglect or sexual abuse within the last two years;

(L) history of children related to the PRFC that were previously adjudicated deprived;

(M) allegations of serious abuse or neglect in an open permanency planning or voluntary family-centered services case;

(N) allegations that the PRFC is violent or psychotic;

(O) allegations that a child five years of age or younger was physically disciplined by a foster or trial adoptive parent.  Refer to OAC 340:75-3-8.1 ITS;

(P) a child placed in a foster or trial adoptive home is exhibiting sexual behavior that is outside the normal range of development.  Refer to OAC 340:75-3-8.1 ITS;

(Q) allegations that children are having sexual contact with other children placed in a foster or trial adoptive home.  Refer to OAC 340:75-3-8.1, ITS;

(R) a child exhibiting sexual behavior that is outside the child's normal range or development, or the child is having sexual contact with other children;

(S) a child sexually abused by a third party perpetrator and there is reason to believe the PRFC failed to protect the child, or is allowing the third party perpetrator continuing access to the child; or

(T) a child born to a PRFC with an open permanency planning or voluntary family-centered services case and:

(i) the siblings are in out-of-home placement with no plans for reunification within the next few weeks; or

(ii) there are plans for termination of the PRFC's parental rights.

(5) Assessments.  An assessment is conducted when the allegations in the report do not indicate a serious and immediate threat to a child.  Generally assessments are conducted when the concerns outlined in the report indicate inadequate parenting or life management rather than dangerous actions and parenting practices.  The first contact during an assessment may be made with the non-offending parents to arrange a time to interview and observe the alleged child victim.  Examples of reports that are addressed as assessments include:

(A) minor physical injury to a child six years of age or older resulting from excessive discipline that does not require medical attention;

(B) minor injuries suggesting inattention to child's safety;

(C) food, clothing, shelter, supervision, or hygiene needs are inconsistently met but do not cause significant risk of harm;

(D) untreated minor physical injuries, illnesses, or impairments and the child is not in danger of significant harm in a short time period;

(E) a pattern of unexplained absences from school that suggest parental responsibility for non-attendance subsequent to the school fulfilling its statutory responsibilities and exhausting all legal remedies, and the absences are not due to truancy or home schooling;

(F) intervention is necessary but there is concern that the PRFC is not responding to the matter seriously;

(G) emotional abuse or neglect that does not indicate risk of serious physical harm to the child;

(H) the current report does not contain serious allegations; and

(i) the history of prior reports of abuse or neglect do not contain serious allegations of abuse or neglect;

(ii) the allegations of abuse or neglect are not escalating in seriousness; and

(iii) there have been no more than two previously accepted reports.

(I) the child is in a shelter or reception center or is placed in a shelter either by law enforcement or through voluntary placement and the circumstances that resulted in the shelter placement:

(i) are not related to child abuse or neglect; or

(ii) there are no imminent safety threats to the child;

(J) a baby is born to a minor child who is in OKDHS custody and there are no concerns regarding serious and immediate threat of harm to the newborn;

(K) an infant born exposed to drugs and:

(i) there are no prior reports of abuse or neglect; and

(ii) the current report does not contain serious allegations.