INSTRUCTIONS TO STAFF 340:75-3-7.3

Revised 12-1-08

1.  The guidelines outlined in this Instruction assist Child Welfare (CW) workers and supervisors in making decisions about 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 about alleged risk factors.

(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.  The age of the child is a critical risk factor since any abuse or neglect to a child three years of age and under has the potential to constitute a serious and immediate threat to the child's health and safety.  Refer to OAC 340:75-3-2, Instructions to Staff (ITS), for the complete list of risk factors that are considered.  If the number of risk factors make it unclear whether an investigation or assessment is more appropriate, then an investigation, the more cautious approach, is conducted. 

(2) Priority decisions.  The priority guidelines in OAC 340:75-3-7.1 are used to determine the response time to the referral, regardless of whether the referral is handled as an investigation or an assessment.  The decision to make a response to a referral an investigation or an assessment does not affect the prioritization of the referral.

(3) Assignment of investigations and assessments.  Where possible, CW workers are assigned to do primarily investigations or assessments.  If a report is assigned as an assessment, but upon contact with the family the worker determines that the family situation falls within guidelines for an investigation, then an investigation is initiated immediately by the worker assigned to do the assessment.

(4) Investigations.  An investigation is conducted when the allegations in the report indicate there is serious and immediate risk of harm to the child as indicated by dangerous parenting practices or actions.  Examples of reports that are addressed as investigations are:

(A) child sexual abuse;

(B) child fatality;

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

(D) abuse or neglect in:

(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 for, including, but not limited to:

(i) children three 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 Munchausen Syndrome by Proxy;

(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 age five 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 referrals 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 family-centered services case;

(N) allegations that parent is violent or psychotic;

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

(R) a baby has been born to a PRFC with an open permanency planning or family-centered services case.

(5) Assessments.  An assessment is conducted when the allegations in the referral do not indicate a serious and immediate threat to child's health or safety.  Generally assessments are conducted when it appears that the concerns outlined in the report indicate inadequate parenting or life management rather than very serious, dangerous actions and parenting practices.  Examples of reports that are addressed as assessments are:

(A) minor physical injury to a child five 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) 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 will be necessary but there is concern that the person responsible for the child (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) history of prior reports of abuse or neglect that did not have serious allegations of abuse or neglect, current report does not have serious allegations and the allegations of abuse or neglect are not escalating in seriousness;

(I) child placed in shelter either by law enforcement or voluntary placement and the circumstances that resulted in the shelter placement fit the criteria for an assessment;

(J) corporal punishment by a foster parent or trial adoptive parent involving a child four to five years of age.  Corporal punishment includes physical discipline that did not result in injuries of any kind and did not involve unreasonable force, per OAC 340:75-3-8.1 ITS;

(K) supervision concerns regarding an older school aged child by a foster or trial adoptive parent.  This does not include sexual abuse or physical abuse perpetrated by an older child towards any child in the home, per OAC 340:75-3-8.1 ITS; or

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