Revised 12-15-11

1.   Reports of abuse or neglect in out-of-home care. 

(1) All reports of alleged abuse and neglect in out-of-home care are reported to the Oklahoma Department of Human Services (OKDHS) Abuse and Neglect Hotline (Hotline).  An investigation is conducted that addresses each reported allegation that meets the definition of abuse or neglect, including all non-accidental physical or mental injuries to a child of any age, neglect, sexual abuse, and any practices by the foster or trial adoptive parent that involve hitting or striking a child five years of age or younger, even when there is no report or observation of injury.

(A) OAC 340:75-3-7.3 ITS provide examples of abuse or neglect allegations in foster and trial adoptive homes that are investigated.

(B) The investigation is assigned to a child protective service specialist who conducts an objective and unbiased investigation.  When necessary, out-of-county Child Welfare (CW) staff may be used.

(C) Safety determinations are made at the time a child abuse or neglect report is received and throughout the investigation.  When the safety of a child cannot be ensured, that child, and any other child in the home who is in OKDHS custody or voluntary care, is removed from the foster or trial adoptive home.  When the children in the household include the foster or trial adoptive parent's own child, the decision to recommend removal of that child is based on safety, per OAC 340:75-3-10.1.

(2) Accepted reports of child abuse or neglect in a child's out-of-home placement are immediately reported by the child protective service specialist to the CW specialist assigned to the child, CW supervisor, county director, CW field liaison (CWFL), and appropriate Children and Family Services Division (CFSD) programs staff.  Reports involving:

(A) OKDHS foster homes, contracted emergency foster homes, and kinship homes are reported to CFSD Foster Care Section;

(B) trial adoptive homes are reported to CFSD Adoption Services Section;

(C) contracted therapeutic foster homes and Developmental Disabilities Services Division (DDSD) homes are reported to CFSD Therapeutic Foster Care (TFC) Section;

(D) contracted specialized community homes are reported to CFSD Community-Based Residential Services Section; and

(E) tribal foster homes are reported to CFSD Tribal Section.

2.   Foster or trial adoptive home investigation protocol.

(1) In addition to those persons identified in the investigation protocol, per OAC 340:75-3-8.6 Instructions to Staff (ITS), other persons interviewed in foster or trial adoptive homes include:

(A) all children living in the home, regardless of relationship;

(B) other children previously living in the home who may have experienced abuse or neglect or may be aware of abuse or neglect that occurred in the resource home;

(C) the CW specialist assigned to the child;

(D) the resource specialist; and

(E) other CW staff, contract agency staff, or both, who have been or who are frequently in the home.

(2) A review of case records, including the child's case and the foster home, therapeutic foster home, emergency foster home, DDSD specialized community home, tribal, or trial adoptive home case record, is also completed by the Child Protective Services (CPS) specialist to gather information pertinent to the investigation.

(3) Bridge resource parents are provided, during an investigation, a copy of a pamphlet that describes the resource parent's rights and responsibilities.

(4) The assigned resource specialist may accompany the CPS specialist during the investigation process to assist the Bridge resource family with understanding the process.

3.   Tribal foster home investigation protocol.  In addition to the investigation protocol utilized during a tribal foster home investigation, (1) through (3) of this Instruction are also followed.

(1) CW notifies the tribal representative of the report of abuse or neglect of the child in OKDHS custody placed in the tribal foster home and requests cooperation in investigating the allegations.

(2) The decision to remove the child from the home, pending completion of the investigation, is based upon the same guidelines for a child placed in an OKDHS approved foster home.

(A) The decision whether to remove the child is discussed with the tribal representative and the tribal representative is asked to assist in explaining the decision to the tribal foster family.

(B) When the tribal representative does not cooperate with OKDHS and the foster family to remove the child, CFSD Tribal programs staff is notified.

(C) When the cooperation of the tribe cannot be obtained through the CFSD tribal coordinator, CW staff has the authority, with the assistance of law enforcement, when necessary, to remove the child from the tribal foster home, unless the foster home is located on tribal land.

(3) When the tribal foster home is located on tribal land, the tribe removes the child and places the child in the physical custody of OKDHS as provided for in the terms of the state/tribal agreement.

4.   When the alleged perpetrator is a child.  When the alleged perpetrator is a child and there is potential for criminal charges, the interview with the minor perpetrator is conducted only to determine the family dynamics and whether the PRFC protected the alleged child victim and will continue to protect the child victim from the minor perpetrator.  The CPS specialist evaluates the situation carefully while collaborating with staff responsible for working with the child and Bridge resource parent to determine the child's need for protection and plan of supervision. This includes evaluating the willingness and appropriateness of the foster or trial adoptive parent to protect the child.

5.   Determining safety of the child in a foster or trial adoptive home.  Safety refers to the present security and well-being of the child.  The CPS specialist determines whether abuse or neglect has occurred in out-of-home care.  The safety decision is made concerning the child in the home.  A child cannot remain in a home when the child is determined unsafe.

(1) All CW specialists involved with the child or placement provider collaborate, using a multidisciplinary approach, to ensure the child is safe in the out-of-home placement.

(2) When the CPS specialist determines services are needed in the home to assist with the child's adjustment, trauma triggers, or other issues, the permanency planning and resource specialists are notified to provide follow-up.

(3) Per OAC 340:75-3-2, the determination regarding whether a child can safely remain in a foster or trial adoptive home is based upon:

(A) the urgency;

(B) severity of the allegations; and

(C) the alleged maltreatment.

(4) When possible, the decision to recommend removal is made by the CPS specialist, CW supervisor, and CWFL in collaboration with other persons involved with the child.  When a child is in present danger and prior collaboration is not feasible:

(A) an immediate protective action plan is initiated that may include removal or continued removal of the child such as when a child is removed from the foster or trial adoptive home and taken to the OKDHS office or placed in respite; and

(B) the case is reviewed with the CW supervisor and CWFL as soon as possible.

(5) Persons promptly notified when a child in a foster or trial adoptive home is removed from the home due to suspected child abuse or neglect include the:

(A) permanency planning specialist assigned to the child;

(B) county director;

(C) CWFL;

(D) Bridge resource parent;

(E) parent or legal guardian;

(F) court of jurisdiction;

(G) post-adjudication review board;

(H) district attorney;

(I) child’s attorney;

(J) guardian ad litem of the child, if any;

(K) resource specialist; and

(L) appropriate CFSD programs staff in the TFC, DDSD, Community-Based Residential Services, Tribal, Foster Care, or Adoption Section.

(6) Procedures for notifying the foster or trial adoptive parents of the removal are followed, per OAC 340:75-7-94.

(7) Alternatives to removal of a child from the foster or trial adoptive home are appropriate when the child's safety is reasonably ensured.

(8) CFSD Foster Care, Adoption, DDSD, Community-Based Residential Services, Tribal, TFC, and CPS programs staff are available for consultation when considering removal of a child from foster or trial adoptive placements.

6.   Notification to parent regarding injury.  Parents of the child in emergency or temporary custody of OKDHS are notified by the family's CW specialist when the child is injured or removed from the placement due to abuse or neglect.  The notification occurs immediately after the child's condition is determined through interview and observation.  When contacting the child's family immediately is not possible, contact is made the next business day.  Upon contact, the CPS specialist discusses:

(1) the abuse or neglect allegations;

(2) the investigative process; and

(3) any investigative concerns.

7.   Completion requirements for investigations of foster or trial adoptive homes.

(1) Investigative interviews with the child victim and PRFC(s) are completed and documented within five business days from the date the report is received.

(2) Within ten business days, the CPS specialist arranges a staffing to determine whether it is safe for the child to remain in, or return to, the foster or trial adoptive home.  The staffing includes the:

(A) CPS specialist;

(B) CW specialist assigned to the child;

(C) CW supervisors;

(D) CW field liaison (CWFL) or county director; and

(E) foster care or adoption specialist.

(3) The CPS specialist documents the staffing results in KIDS Assessment of Child Safety (AOCS) Ten Day Staffing screen of the investigation.

(4) All remaining investigative interviews are completed and documented and the investigation is closed within 30 calendar days from the date the report is received.

8.   Ten-day staffing purpose and process.

(1) The ten-day staffing is a process designed to utilize the perspective of each specialist involved with the child in OKDHS custody and the resource family to make informed decisions concerning:

(A) dynamics in the home;

(B) maltreatment in the home;

(C) protective capacities of the resource parent; and

(D) possible trauma triggers for the child.

(2) During the ten-day staffing a discussion occurs concerning the:

(A) safety of the home;

(B) placement of each affected child;

(C) companion referrals pending;

(D) establishment of roles and responsibilities, upon the conclusion of the investigation, for follow-up required by each CW specialist.

9.   Out-of-home assessment of child safety.  Form 04KI030E, Assessment of Child Safety, is completed in part by the CPS and resource specialist as a component of each out-of-home investigation.

(1) The CPS specialist completes the six key questions and safety decision portions of Form 04KI030E.

(2) The resource specialist assigned to the home completes the protective capacities section of Form 04KI030E, using information:

(A) gathered during the investigation;

(B) gathered during the ten-day staffing; and

(C) previous knowledge gained through working with the Bridge resource family.

10.  Completion time extensions.  The investigation findings and recommendations are documented on Form 04KI003E. CFSD CPS, Foster Care, Adoption, Community-Based Residential Services, Tribal, or TFC Section, as appropriate are notified by email of the investigation findings and recommendations.

(1) The appropriate DDSD, Foster Care, Adoption, Community-Based Residential Services, Tribal, or TFC programs staff is contacted when an extension is necessary beyond:

(A) five business days to complete and document the child victim(s) and PRFC(s) interviews; or

(B) 30 calendar days to complete, document, and close the investigation, because key information is not available.

(2) Examples of circumstances necessitating extensions are outlined in subparagraphs (A) through (D) of this paragraph.

(A) There are numerous allegations of sexual abuse and interviews are needed with numerous children previously placed in the foster home.

(B) Medical, lab, or autopsy reports are not available within the five business days completion requirement.

(C) There are serious abuse and neglect allegations and a criminal investigation is pending.

(D) Key individuals, such as the child victim or alleged perpetrators, are unavailable.

11.  Investigation findings.

(1) Form 04KI003E, Report to District Attorney, is used to document all investigation findings.

(2) The CPS specialist verbally advises the foster or trial adoptive parent of the investigation findings and mails Form 04KI019E, Notification Concerning Finding(s) of Child Abuse/Neglect, to each foster or trial adoptive parent.  When the finding is substantiated – court intervention recommended or substantiated – services recommended, OAC 340:75-1-12.2 applies.

(3) When the investigation involves contracted foster or trial adoptive homes, the CPS specialist advises the contractor of the investigation finding(s).

(4) The CPS specialist also advises the family that any action regarding policy violations and continued use of the home is addressed by the resource specialist or appropriate CFSD programs staff, per OAC 340:75-3-8.1(m).

(5) At the conclusion of the investigation, notification, via email, is provided to CFSD CPS Section, and Foster Care, Adoption, Community-Based Residential Services, Tribal, or TFC Section, as appropriate.  Other relevant written reports and recommendations for continued use of the home are submitted.

(6) Copies of Form 04KI003E are provided to the  CW specialist assigned to the child and the resource specialist to address any needed action, such as a written plan of compliance for, or closure of, the OKDHS foster or trial adoptive home.

12.  Investigation of contracted foster or trial adoptive home.

(1) When a report of abuse or neglect of a child in OKDHS custody involves a contracted foster or trial adoptive home, notification of the report is provided to:

(A) the contracting agency;

(B) the appropriate OKDHS contract liaison;

(C) the county director; and

(D) CFSD Foster Care, TFC, Community-Based Residential Services, or Adoption Services Section programs staff.

(2) The contracting agency is informed that no information regarding the referral is discussed with the foster or trial adoptive home prior to the initiation of the investigation.

(3) When the investigation is completed, Form 04KI003E is prepared and routed, per OAC 340:75-3-8.1 ITS # 8.

(4) The CPS specialist notifies the contract resource family of the investigation finding(s).

(5) Form 04KI003E is not provided to the contract agency.

(6) The appropriate CFSD Foster Care, DDSD, TFC, Community-Based Residential Services, Tribal, or Adoption programs staff discusses the investigation findings, concerns, and issues with the contract agency regarding continued use of the home for the child in OKDHS custody.

(7) Other relevant written reports and information pertaining to continued use of the home, that are not appropriate to include on Form 04KI003E are submitted by the CW specialist to appropriate Foster Care, DDSD, TFC, Community-Based Residential Services, Tribal, or Adoption Section programs staff.

(8) The programs manager for the respective section:

(1) completes the protective capacities section of Form 04KI030E;

(2) communicates with the contracting agency regarding the safety issues related to the home; and

(3) is available for consultation during the out-of-home investigation.

13.  Review process for suspected abuse or neglect in foster or trial adoptive homes.

(1) The CPS specialist notifies, via email, the CFSD CPS Section programs staff and appropriate CFSD Foster Care, Adoption, Tribal, Community-Based Residential Services, or TFC Section programs staff when an investigation is completed.

(2) CFSD CPS and other appropriate programs staff may review Form 04KI003E for compliance with current protocols and procedures.  Refer to OAC 340:75-3-9.1 ITS # 5 for information regarding the final determination process.

14.  Decision-making process regarding the continued use or closure of the foster or trial adoptive home.

(1) The CPS specialist determines the investigation finding regarding the allegations of abuse or neglect.

(2) The decision-making process from the time the allegations are reported until the investigation is completed includes the:

(A) CPS specialist;

(B) CW specialist assigned to the child;

(C) resource specialist;

(D) family's permanency planning specialist; and

(E) all applicable CW supervisors.

(3) A determination is made as to whether the resource home can safely care for a child in OKDHS custody by considering:

(A) whether abuse or neglect has occurred;

(B) what protective capacities exist in the resource home; and

(C) whether the resource home should remain open.

(4) When the finding of a child abuse or neglect investigation is substantiated, input regarding continued use of the home is provided by all persons listed in (2) (A - E) of this Instruction.  The CWFL and CFSD Foster Care, Adoption, TFC, Tribal, Community‑Based Residential Services, DDSD, and CPS programs staff are available for consultation.

(5) Decisions or other actions regarding the continued use or closure of the foster or trial adoptive home are made and discussed with the family by the resource specialist and supervisor.

(6) Findings regarding the occurrence or presence of violations in the foster or trial adoptive home, per OAC 340:75-7-37, are addressed per OAC 340:75-7-94.

(7) When abuse, neglect, or OKDHS discipline or other policy violations are identified in a tribal foster home, the tribe works with the foster home to correct the conditions when the foster family desires to continue to care for children in OKDHS custody.  The tribal foster home case reflects whether the conditions are corrected.  The CFSD tribal coordinator monitors the case for corrective action before additional children in OKDHS custody are placed in the foster home.