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340:75-3-8. Child Protective Services investigation protocol

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Revised 6-1-08

(a) Purpose of investigation. The purpose of Child Protective Services (CPS) is to protect children and provide treatment to the family, not criminal prosecution. The CPS investigation sets the stage for direct involvement with the family, problem identification, service provision, and the development of a helping relationship. The CPS investigation process includes gathering information:

(1) about the reported allegations and any family dynamics that jeopardize the child's safety; and
(2) to assess the protective capacity of the family. • 1

(b) Gathering information. The interview is a face-to-face contact between the Child Welfare (CW) worker and a person who has or may have information pertinent to assessing risk. • 2

(1) The investigation protocol is followed for all investigations, unless a modification for good cause is approved and documented by the CW supervisor.
(2) Investigations regarding physical abuse, serious neglect, and sexual abuse are conducted utilizing a multidisciplinary approach when possible, per OAC 340:75‑3‑8.4.
(3) The investigation protocol is followed closely and sequentially.

(A) Persons interviewed, in order, are the:

(i) alleged victim(s);
(ii) sibling(s);
(iii) person(s) responsible for the child (PRFC(s)), including the custodial and noncustodial parent(s);
(iv) collateral(s); and
(v) if appropriate, professional consultant(s).

(B) Every attempt is made to first conduct interviews privately and separately.
(C) Family members are observed interacting together.
(D) When additional information is needed, key people, such as victims, siblings, and PRFCs, may be re-interviewed. • 3

(d) Interviewing the alleged victim. An attempt is made to interview every verbal child victim, and all child victims are observed. The interview with and examination of the alleged child victim may be conducted at any reasonable time and at any place including, but not limited to, the child's school, per Section 7106 of Title 10 of the Oklahoma Statutes (10 O.S. § 7106). • 4

(e) Interviewing the siblings. If one child in the family is at risk, the other children may also be at risk. When not at risk of physical harm, the sibling remains adversely affected by family conditions. The sibling often has important information regarding the reported allegations and the dynamics of the family. The protocol and principles per OAC 340:75-3-8 are utilized.

(f) Home visit or initial contact with the family. A home visit must be made as part of the investigation, unless there is reason to believe there is an extreme safety risk to the child or CW worker per 10 O.S. § 7106. • 5

(1) The initial contact with the family is an unannounced visit to the home. The CW worker does not enter the home unless an adult member of the household is present.
(2) If the child victim or siblings are interviewed by the CW worker in a setting other than the home, a home visit with the PRFC(s) is initiated the same day the child is interviewed.
(3) If the child is found home alone, the CW worker leaves to immediately contact law enforcement, per OAC 340:75-3-8.6.
(4) When the CW worker is admitted to the home, the specific reported allegations are explained to the PRFC(s).
(5) The PRFC(s) is given Oklahoma Department of Human Services (OKDHS) Publication No. 87-02, Questions and Answers for Parents about Child Protective Services.
(6) If the family is not home, the CW worker may leave Form 04CP001E, Contact Letter, in a sealed envelope at the home. Federal law prohibits the use of a mailbox for letters that have not been mailed. When the child victim:

(A) or siblings have been interviewed, Form 04CP001E must be left to notify the PRFC(s) that the CW worker attempted contact with the family; and
(B) has not been interviewed, Form 04CP001E may be omitted when there is reason to believe such notice to the family may place the child in danger or prevent the CW worker from obtaining unrehearsed information.

(g) Interviewing the PRFC(s). The nature of the report and the concern for the child are discussed with all PRFCs. The noncustodial parent is entitled to the same information as the custodial parent and reasonable efforts are made to locate the noncustodial parent during the initial stages of the investigation. • 6

(h) Interviewing the perpetrator who is responsible for the child. The alleged perpetrator is interviewed last, as this allows the CW worker to question the perpetrator with the facts and information that have been obtained. • 7

(i) Interviewing collaterals. Collaterals are interviewed to ensure thorough investigation and assessment of risk to the child.

(1) A collateral:

(A) is a person who has or is likely to have pertinent information about the child and the family; and
(B) may include relatives, neighbors, law enforcement, teachers, physicians, nurses, or other informed persons.

(2) Collaterals who are minors are not interviewed without first obtaining permission from their parent(s).
(3) Confidential information regarding the family's situation may be released only to other public officials involved in an official capacity in the investigation or appropriate professionals providing medical or treatment services to the family, per OAC 340:75‑1-44. • 8

(j) Professional consultation. The CW worker consults, as needed, with those who have additional expertise in areas related to child abuse or neglect. • 9

INSTRUCTIONS TO STAFF 340:75-3-8

Revised 6-1-08

1.   Investigation purpose. The investigation requires that Child Welfare (CW) workers possess specific skills that enable them to obtain information from family members or other persons, many of whom are hostile and uncooperative. The purposes of the investigation are to:

(1) explain the purpose of CW;

(2) explain the allegations to the family;

(3) gather information for decision-making;

(4) determine whether abuse or neglect has occurred;

(5) assess the presence and level of risk to each child in the home;

(6) determine what safety response is indicated;

(7) reduce trauma to each child and ensure safety; and

(8) identify services that may be appropriate for the family.

2.   Gathering information. The primary methods used in gathering information are:

(1) interviewing.

(A) Face-to-face interviews with the alleged victim(s), other children in the home, person(s) responsible for the child (PRFC(s)), and collaterals are required.

(B) Interviews with witnesses are conducted in person, when possible.

(C) Interviews are conducted in private, and sufficient time is allowed to elicit information and make observations relative to assessing risk.

(2) observing. Observing the physical and cultural environment is critical in assessing risk and safety. The CW worker observes the:

(A) physical setting of the home;

(B) sleeping arrangements for all family members;

(C) degree to which the house is safe and healthy for a child;

(D) physical appearance of the PRFC(s) and child, including hygiene, affect, and injuries; and

(E) differences in culture and lifestyle that may affect the response of the family; and

(3) documentary evidence. Documentary evidence provides factual information in assessing risk and safety. Documents may include but are not limited to:

(A) written records of interviews and observations;

(B) medical reports;

(C) psychological evaluations;

(D) police reports;

(E) Medical Examiner's Report of Autopsy; and

(F) photographs.

3.   Modifying investigative protocol.

(1) When to modify.

(A) There are no modifications in investigative protocols when there are three or more reports regarding the same child and family, unless there is clear indication that previous reports were made in bad faith.

(B) The order of the protocol may be modified when:

(i) emergency conditions exist that require immediate action to protect the child. Protocol is followed thereafter;

(ii) the emotional atmosphere is volatile, for example, people are emotionally immobilized or violent;

(iii) key persons are not available; or

(iv) the allegation is obviously and unquestionably false, for example, hazardous living conditions are alleged, but not present, or children alleged to be alone are with a responsible caregiver.

(C) When the protocol is modified or not followed, documentation of the reason is made in the Summary/Recommendation section of Form 04KI003E, Report to District Attorney.

(2) Joint investigation with law enforcement. At minimum, when there is reason to believe that allegations will be confirmed, law enforcement is contacted by the assigned CW worker to conduct a joint investigation. Other members of a multidisciplinary team may be used as consultants, when appropriate.

(3) Separate interviews declined. If the family refuses separate interviews, the CW worker must be aware that information gathered during joint interviewing may not be an accurate representation of the incident or the family's actual functioning.

4.   Alleged child victim interviews.

(1) The child's age, developmental level, and emotional state guide the CW worker's interviewing approach. When the alleged victim is a child old enough to be interviewed, the first in-depth interview is conducted with the child even if a brief interview is first conducted with the person responsible for the child (PRFC) or other caregiver. Very young children may not have extensive verbal skills but an interview may provide critical statements or phrases that assist in the investigation.

(2) If there is more than one alleged victim, the CW worker attempts to interview each child individually and apart from siblings or the parent(s). With some children it may be necessary to have an older sibling or other significant person present to obtain information. If so, that person is reminded of the confidential nature of the interview and asked to remain as unobtrusive as possible.

(3) Utilizing the school setting for interviews must not be routine for the convenience of CW staff, as this may be disruptive to the child's educational process. The CW worker may conduct an interview in the school setting when there is a need for such or in a neutral setting as the allegations place the child at a high level of risk, such as alleged sexual abuse and serious abuse and neglect.

(4) When the child is interviewed in school, a child care center or home, or with another caregiver, the person caring for the child must give permission prior to the interview.

(A) If permission is denied by those authorities, and the PRFC subsequently denies permission, the CW worker follows the refusal to cooperate or respond protocol in OAC 340:75-3-8.6 Instructions to Staff (ITS).

(B) The PRFC's permission is not required before interviewing a child in a neutral setting.

(C) When the child is interviewed without the PRFC's knowledge, the PRFC is notified the same day the child is interviewed.

(D) The PRFC is provided with the details of the allegations and protocol is followed per OAC 340:75-3-8.6.

(5) The CW worker carefully observes each alleged child victim's physical, developmental, and emotional condition and how the child interacts with persons in his or her environment. If injury is alleged see OAC 340:75-3-8.6 ITS.

(6) The CW worker's interview is aimed at obtaining information regarding the alleged abuse or neglect and functioning of the child, parent(s), and family, including:

(A) what happened;

(B) when and where the alleged abuse or neglect occurred;

(C) the child's current condition;

(D) other effects of abuse or neglect;

(E) contact with all persons having information and knowledge regarding the family dynamics and alleged abuse or neglect; and

(F) the protective capacity of the family.

(7) Only face-to-face contacts that are attempted or completed with the alleged child victim are counted as initiated investigations in KIDS. The CW worker documents in KIDS:

(A) each attempted contact with the alleged victim or other family member; and

(B) when the alleged victim is deceased, the attempted face-to-face contact, with a statement that the child is deceased.

5.   Visiting the home or initial contact.

(1) Interviews in the home are preferable to interviews conducted elsewhere. The home provides insight into the family's environment and the way in which family members interact with one another. If there is concern about safety for the alleged child victim or CW worker in making a home visit, contact is made with law enforcement for assistance in making the home visit.

(2) When the CW worker makes the initial visit to the home, the worker introduces himself or herself and explains in a non-accusatory, courteous manner the reason for the visit. When the CW worker encounters hostility, anger, or other defensive reactions, the worker:

(A) acknowledges the contact is stressful, and that the report must be investigated in accordance with Section 7106 of Title 10 of the Oklahoma Statutes;

(B) does not enter the home unless invited. The worker never enters the home unless there is an adult present in the home; and

(C) if ordered out of the home, leaves immediately.

(3) The main purpose of the interview is to:

(A) obtain information to determine whether the child has been abused or neglected;

(B) assess risk; and

(C) determine the protective capacity of the family.

(4) The CW worker indicates his or her interest in the family and in helping them resolve problems that have been identified as contributing to risk and provides information about the steps that will be taken and what the family can expect.

6.   PRFC interviews.

(1) The CW worker's interview with the PRFC is directed toward obtaining relevant information regarding the child, parent(s), family, and alleged abuse or neglect. When there is a non-perpetrator PRFC, that person may be the key to protecting the child and successful intervention. It is important to evaluate the relationship between the non-perpetrator PRFC and the perpetrator.

(2) The CW worker:

(A) informs the noncustodial parent of the situation and gathers any critical information; and

(B) when the noncustodial parent denies paternity or has never seen the child, verifies that there is no record of child support, per OAC 340:75‑6‑31.5.

(3) The CW worker's interview with the PRFC is directed toward assessing the PRFC's capacity to protect the child related to the alleged abuse or neglect and includes:

(A) how the PRFC describes what happened;

(B) the PRFC's response to the incident and Child Protective Services (CPS) intervention;

(C) the PRFC's capacity to protect the child;

(D) the presence of violence in the home, including violence between adult household members; and

(E) the presence of any stress factors in the home, such as financial difficulties or lack of support systems.

7.   Perpetrator interviews. The same information is obtained from the perpetrator as the PRFC as it relates to the alleged abuse or neglect. Additional information obtained from the perpetrator includes the prospect for acknowledging problems and accepting responsibility to resolve the problems.

8.   Collateral contacts. The CW worker's interview is directed toward learning about the family as it impacts the risk and safety of the child. The CW worker contacts at least two collaterals who have pertinent, unbiased information regarding the family. The specific nature of the alleged abuse or neglect or details of the allegations are not given to persons outside the immediate family.

(1) References given by the family may not always be appropriate collateral contacts, for example, the family may give an employer as a reference and the employer has little knowledge of the family's functioning.

(2) The CW worker:

(A) determines who is a more appropriate source of information, such as the child's teacher.

(i) A modification to exempt collateral interviews may be made when the reported allegations are obviously not true, such as a child allegedly left alone who was not left alone.

(ii) Judgment and caution are exercised in interviewing collateral contacts; and

(B) when conducting interviews with collaterals, keeps in mind the confidential nature of the case and explains his or her role, the role of Oklahoma Department of Human Services (OKDHS) and the CPS process.

9.    Interviews with professional consultants.

(1) Examples of the need for professional consultation include the need to verify whether a particular:

(A) sexual behavior is typically normal; or

(B) drug has certain side effects.

(2) Persons who may be consulted include:

(A) staff within CW who specialize in certain areas, such as staff with advanced child sexual abuse training, Swift adoption specialists, and Human Immunodeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) counselors;

(B) staff within other divisions of OKDHS regarding eligibility or availability of services for a child or family; and

(C) outside consultants, such as members of a multidisciplinary team, a physician, psychologist, pharmacist, and similar professionals.

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