OKDHS.org - OAC 340:75-3-8.2. Protocol for investigating reports of abuse in child care centers or homes

Calendar | Help | Contact Us | About this Site

Library: Policy

340:75-3-8.2. Protocol for investigating reports of abuse in child care centers or homes

<< Back

Next >>

Revised 6-1-08

(a) Reports of physical abuse, sexual abuse, and serious neglect in child care centers or homes, licensed or unlicensed, are investigated by Child Protective Services (CPS) staff.

(b) Allegations of general neglect and violations of licensing laws and regulations, such as dirty facility, children unsupervised, or other similar situations, are referred to and addressed by Oklahoma Child Care Services (OCCS).

(c) CPS staff notifies and coordinates with OCCS staff when a child abuse or neglect report is assigned and, when possible, the OCCS licensing specialist accompanies the CPS worker and assists in conducting the investigation.

(d) Children and Family Services Division CPS Section programs staff is available for consultation as needed. As with other reports of child abuse, CPS staff coordinates with the district attorney and law enforcement officials when appropriate. • 1

INSTRUCTIONS TO STAFF 340:75-3-8.2

Revised 6-1-08

1. Investigative protocol. While the general investigative time frames and protocols found in OAC 75-3-7.1, OAC 340:75-3-8, and OAC 340:75-3-8.6 apply, there are some sequential differences and additional protocols in child care investigations.

(1) The time frame for initiation pertaining to child care centers depends on whether the alleged perpetrator is still employed and continues to care for or have access to children. Assigned reports pertaining to child care homes are assigned a Priority I initiation time frame as generally the owner/operator is also the employee and thus continues to have access to children.

(2) The Child Protective Services (CPS) worker reviews all child care licensing records pertaining to the child care center or home to obtain background information.

(3) The parent(s) of the alleged child victim(s) is interviewed first, usually in the parent(s)' home.

(A) The parent(s) of the alleged victim(s) in child care centers and the parents of other children in child care centers subsequently named as victims or witnesses are interviewed.

(B) The parents of all children in child care homes are interviewed as all children in child care homes are considered potential victims.

(4) Interviews with the child victim(s) and child witnesses are conducted after obtaining permission of the parent(s). Each alleged victim and witness is interviewed privately. If it is in the child's best interest for the parent(s) to remain in the room during the interview with the child, the parent(s) is requested to say as little as possible and allow the CPS worker to direct the interview. Other than officials conducting the investigation, no one else is present.

(5) If injuries are alleged or apparent, the child is visually inspected by the CPS worker with the consent of the child's parent(s). A medical examination, for documentation, may be in order when the injury appears serious, when sexual abuse is alleged, or both. The CPS worker assists the parent(s) in arranging for the examination.

(6) An unannounced visit is made to the child care center or home and the child care operator is advised of the nature of the allegation.

(7) Administrative staff, employees, and the alleged perpetrator are interviewed privately and separately. Other persons are interviewed as appropriate.

(8) The physical premises where the alleged incident occurred is viewed or examined.

(9) While no child victim or child witness is interviewed without parental permission, in the event that inadvertent contact with a child victim or child witness is made by the CPS worker at the child care center or home, the parent(s) of the child is contacted the same day.

(10) Investigation of allegations of abuse or neglect is necessary even when there is no identified alleged victim, such as the reporter does not name a specific child but states that the alleged victim is a child attending the child care center or home or several children may be victims.

(A) The CW supervisor, CPS worker, or both, contacts the current Oklahoma Child Care Service (OCCS) licensing specialist involved with the center or home in order to confer regarding the most appropriate way to conduct the investigation.

(B) The order of the protocol may be modified so that the CPS worker can first interview other individuals or witnesses who may have additional identifying information.

(11) OCCS staff is verbally advised regarding the status of the investigation any time prior to completion.

(12) CPS staff's determination regarding the finding(s) and confirmation of abuse and neglect is made per OAC 340:75-3-10.2 ITS and OAC 340:75-3-10.3 ITS.

(A) When there are allegations of abuse by a child care center or home employee, the allegations regarding the operator and owner pertain to whether the owner and operator had knowledge that the employee could harm the child.

(B) The operator, owner, and employee are individually notified verbally and in writing of their individual findings.

(C) The operator and owner are notified of the employee's findings so they can determine what action may be taken regarding continued employment.

(13) After completion of the investigation, the CPS worker advises:

(A) OCCS;

(B) the child care owner and operator; and

(C) the parent(s) of the child victim(s) of the investigation findings.

(i) Any questions regarding the abuse or neglect of the child are answered.

(ii) Parents of other children at the child care center or home who were not alleged victims are referred to OCCS staff.

(14) Issues related to licensing are addressed with the child care operator by the OCCS licensing specialist.

(15) Form 04KI003E, Report to District Attorney:

(A) is expedited when OCCS needs the report to initiate court action in closing or revoking the license of the child care center or home;

(B) does not contain recommendations as to the closure or revocation but does include in the Summary/Recommendation the statement "This matter is being referred to Child Care Licensing in regard to related licensing issues"; and

(C) regardless of the finding, is forwarded to the district attorney as per OAC 340:75-3-11.

(16) A copy of Form 04KI003E is provided to the OCCS licensing specialist.

(A) Other case information is provided, including Form CWS‑KIDS-6, Case Contacts, Form 04KI001E, Referral Information Report, and all other CW records on the child care center or home.

(B) To ensure confidentiality, all documents provided by CW to the OCCS licensing specialist have a cover sheet with the notation "Confidential per Section 7005-1.4 of Title 10 of the Oklahoma Statutes."

(i) Since licensing files are open to the public, OCCS staff must keep any copies of CW case information in a separate file as CW case material is confidential and not available for public inspection.

(17) CW staff completes:

(A) Form 04CP004E, Child Welfare Investigative Summary Notification to Child Care Licensing Services. The original is provided to the OCCS licensing representative for placement in the public file and a copy is maintained in the CW case record; and

(B) when a confirmed finding of abuse or neglect is appealed and reversed by CFSD Appeals Section, new Form 04CP004E with the new finding and forwards to OCCS.

(18) The CFSD CPS Programs office is notified by e-mail of the completion of the child care center or home investigation.

2. Sharing of Child Welfare (CW) records. Other than as specified above, OCCS staff is not authorized to receive any CW information or records pertaining to:

(1) individual child care center employees and the employees' children; or

(2) child care home employees who are not members of the household and the employee's children.

<< Back

Next >>