Revised 6-1-08

1.   Observation of abuse or neglect.  When a Child Welfare (CW) worker observes indicators of abuse or neglect of a child in a foster or trial adoptive home, an immediate evaluation is made by the worker to determine the extent of any injuries and the child's need for immediate protection. 

(1) Depending on the level of risk present, immediate removal of the child and other children from the placement may be necessary, per OAC 340:75‑3-8.1.

(2) Details of the observed abuse or neglect are documented on Form 04KI001E, Referral Information Report, and submitted to Child Protective Services (CPS) staff responsible for conducting a complete investigation.

(3) All other indicators or potential indicators of abuse or neglect are also documented on Form 04KI001E and immediately submitted to the CW supervisor for decision-making purposes, per OAC 340:75-3-6.1.

2.  Reporting and assignment.  The report is documented on Form 04KI001E.  Since Oklahoma Department of Human Services (OKDHS) is legally responsible for the health, safety, and welfare of children in OKDHS custody, great care is used in making these determinations.  Generally, a higher level of scrutiny is required when making decisions regarding the safety of children in OKDHS custody.  Information justifying all decision‑making is fully documented by the CW supervisor.

(1) When information is received from any source, including information provided by the child, that an OKDHS rules violation has occurred and it is not known if there is either resulting physical or mental injury or a potential for serious physical or mental injury, an initial evaluation is conducted.

(A) The child's CW worker immediately interviews and observes the child for any injuries.

(B) If there are no injuries or other risk-related indicators, a summary of the CW worker's contact with the child is entered in the narrative of Form 04KI001E and the report is screened out.

(i) The report is referred to CW foster care or adoption staff to address the violations, per OAC 340:75‑7-94.

(ii) The OKDHS CFSD CPS, Foster Care, Adoption, TFC, Tribal, or Community-Based Residential Services Section is notified by e‑mail of the screened out report.

(iii) OAC 340:75-3-7 Instructions to Staff (ITS) provides examples of appropriate screened out reports regarding foster and trial adoptive parents.

(2) An investigation is conducted on all reported allegations that meet the definition of abuse or neglect, including all non-accidental physical or mental injuries to children of any age, neglect, sexual abuse, and any practices by the foster or trial adoptive parent that involve hitting or striking a child three years of age or younger, even when there is no report or observation of injury.

(A) OAC 340:75-3-7.3 ITS provides examples of reports regarding foster and trial adoptive homes that are investigated.

(B) The investigation is assigned to staff who can conduct an objective and unbiased investigation.  If necessary, out-of-county CW staff may be used.

(3) The two exceptions under which allegations of child abuse or neglect by a foster or trial adoptive parent may be conducted as an assessment are provided in OAC 340:75-3-7.3 ITS.  The assessment protocol outlined in OAC 340:75-3-8.5 is followed, and the foster or trial adoptive home specialist is notified of and included in the assessment process.

(4) All investigations and assessments regarding a foster or trial adoptive parent are assigned as Priority I to ensure the safety of children in OKDHS custody. 

(A) If additional information is available concerning the allegations and current situation in the foster or trial adoptive home and this information indicates the safety of the children can be ensured without an immediate investigation or assessment, the CW supervisor may assign the report as a Priority II with a time frame of no more than three working days to initiate the investigation or assessment.

(B) The CW supervisor documents the reason the report was not assigned as Priority I on Form 04KI001E.

(5) Assigned reports of child abuse or neglect in a child's out-of-home placement are immediately reported to the child's CW worker, CW supervisor, county director, CW field liaison (CWFL), and appropriate CFSD programs staff.  Situations involving:

(A) OKDHS foster homes, contracted emergency foster homes, and kinship homes are reported to Children and Family Services Division (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.

3.  Investigation or assessment.  Foster or trial adoptive home investigative or assessment protocol is outlined in (1) and (2).

(1) In addition to those persons identified in the investigation or assessment protocol, per OAC 340:75-3-8.6 ITS, other persons interviewed include:

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

(B) other children previously living in the home who were abused or may have been aware of abuse;

(C) the child's CW worker; and

(D) 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 CPS worker to gather information pertinent to the investigation or assessment.

4.  Child at risk.  When there is a child who may be at risk, a full investigation or assessment is conducted.  This requires interviews with persons formerly placed in the home and any child presently in the home.

(1) When a report is received on a closed foster or trial adoptive home, the allegations are assessed to determine whether a child is currently at risk.

(2) Reports that a child in OKDHS custody was sexually abused or physically injured are investigated on closed foster or trial adoptive homes, even when there are no children in the home. 

(3) When the allegations contain issues of inappropriate discipline or other rules violations, the reported information is filed in the closed foster or trial adoptive resource record.

(4) If the resource family reapplies, the issues identified in the report are carefully and thoroughly addressed prior to and as a part of the foster or trial adoptive home reassessment process.

5.   Safety determination.

(1) Based on the risk factors, safety is determined both at the time a child abuse or neglect report is received and when the investigation or assessment is completed.  When the safety of a child cannot be ensured, the child, and any other child who is in OKDHS custody or voluntary care, is removed from the foster or trial adoptive home.  When 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.

(A) When possible, the decision to recommend removal is made by the CPS worker, CW supervisor, and CWFL in collaboration with other persons involved with the child.  When a child is in imminent danger and prior collaboration is not feasible, removal of the child or alternative safety plan is immediately initiated, and the case is reviewed with the CW supervisor and CWFL as soon as possible.

(B) The child's CW worker, county director, CWFL, and CFSD TFC, DDSD, Community-Based Residential Services, Tribal, Foster Care, or Adoption programs staff, as appropriate, are promptly notified when a child in a foster or trial adoptive home is removed because of suspected child abuse or neglect.

(C) Procedures regarding notifying the foster or trial adoptive parents of the removal are followed as per OAC 340:75‑7-94.

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

(A) A safety plan must be discussed and agreed to by the:

(i) foster or trial adoptive parent;

(ii) CPS worker;

(iii) child's CW worker;

(iv) foster or trial adoption home specialist;

(v) CW supervisor; and

(vi) CWFL.

(B) The safety plan is documented:

(i) in the child's case record;

(ii) in the foster or trial adoptive resource record; and

(iii) on Form 04KI003E, Report to District Attorney, or 04KI007E, CPS Family Assessment.

(3) Foster Care, Adoption, DDSD, Community-Based Residential Services, Tribal, TFC, and CPS programs staff are available for consultation in making decisions regarding the removal of a child from foster or trial adoptive placements.

6.  Contact with the child's family.  When contacting the child's family immediately is not possible, contact is made the next working day.  Upon contact, the CPS worker discusses:

(1) the abuse or neglect allegations;

(2) the investigative process;

(3) the safety plan in place or to be developed, if necessary; and

(4) any investigative concerns.

7.  Non-PRFCs.  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 person responsible for the child (PRFC) protected the alleged child victim and will continue to protect the child victim from the minor perpetrator.

(1) The CPS worker evaluates the situation carefully while collaborating with staff responsible for working with the child and foster family to determine the child's need for protection.  This includes evaluating the willingness and appropriateness of the foster or trial adoptive parent to protect the child by the establishment and documentation of a safety plan.

(2) When the decision is to allow the child to remain in the home, the safety plan is developed and implemented prior to the completion of the investigation.  The child's CW worker ensures that the safety plan is followed.  The safety plan is documented:

(A) in the child's case record;

(B) in the foster or trial adoptive resource record; and

(C) on Form 04KI003E.

8.   Investigative findings or assessment conclusions.

(1) Form 04KI003E is used to document all investigative findings and Form 04KI007E is used to document the assessment conclusions.

(2) The CPS worker verbally advises the foster or trial adoptive parent of the investigation findings or the assessment conclusions.

(A) For investigations, the CPS worker mails Form 04KI019E, Notification Concerning Finding(s) of Child Abuse/Neglect, to each foster or trial adoptive parent.  When the finding is confirmed – services recommended or confirmed – court intervention, OAC 340:75-1-12.2 applies.

(B) For assessments, the CPS worker mails Form 04KI021E or 04KI022E, Notification Regarding Assessment, to each foster or trial adoptive parent.

(3) For investigations and assessments involving contracted foster or trial adoptive homes, the CPS worker advises the contractor of the investigative finding or assessment conclusion by mailing Form 04KI019E, 04KI021E, or 04KI022E.

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

(5) At the conclusion of the investigation or assessment, notification, via e‑mail, is made 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.  Copies of Form 04KI003E or 04KI007E are also provided to the child's CW worker and the foster resource specialist to address any needed action, such as a written plan of compliance or home closure, in an OKDHS foster or trial adoptive home.

9.  Staffing at ten working days.  The CPS worker is responsible for arranging the staffing and documenting the staffing results in the Report to DA and KIDS Contact screens of the child's case and resource case.

10. Investigative or assessment time frames.  Investigative findings and recommendations are documented on Form 04KI003E and assessment conclusions are documented on Form 04KI07E.  Notification, via e-mail, is made to CFSD CPS and Foster Care, Adoption, Community-Based Residential Services, Tribal, or TFC Section, as appropriate.

(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) ten working 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 or assessment, because key information is not available.

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

(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 ten working day time frame.

(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. Tribal foster homes.  In addition to the protocol in OAC 340:75-3-8.1(d), (1) through (3) are followed.

(1) CW notifies the tribal representative and requests cooperation in investigating or assessing allegations of abuse or neglect of a child in OKDHS custody and tribal foster care.

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

(A) The decision whether to remove the child is discussed with the tribal representative and assistance is requested explaining the necessity for removal from the foster family.

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

(C) If the cooperation of the tribe cannot be obtained through the CFSD tribal coordinator, CW staff has the authority, with the assistance of law enforcement, if 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.

12. Investigation or assessment completion.

(1) When the investigation or assessment is completed, Form 04KI003E or 04KI007E is prepared and routed, per OAC 340:75-3-8.1 ITS 8.

(2) The CPS worker shares the investigation findings or assessment conclusions with the contract resource family.

(3) Forms 04KI003E and 04KI007E are not provided to the contract agency.  It is the responsibility of the appropriate CFSD Foster Care, DDSD, TFC, Community-Based Residential Services, Tribal, or Adoption programs staff to share the findings and address concerns and issues with the contract agency regarding continued use of the home for the child in OKDHS custody.