Revised 12-15-11

1.   Consultation for child death or near-death investigations.  Children and Family Services Division (CFSD) Child Protective Services (CPS) programs staff provide, upon inquiry by CW staff:

(1) consultation regarding whether a death or near death falls within the scope of CW; and

(2) direction regarding the unique investigative procedures required in a death or near-death investigation.

2.   Reporting a child death or near-death to CFSD CPS.

(1) When the abuse or neglect is suspected in connection with a report of a child death or near-death, the OKDHS Abuse and Neglect Hotline (Hotline) contacts the CFSD CPS Section by email;

(A) the same business day; or

(B) the next business day when the death or near-death report is received during non-business hours. 

(2) The initial information provided verbally by the Hotline includes:

(A) the child's name;

(B) the child's date of birth;

(C) the date of death or near-death incident;

(D) the child's race;

(E) the child's gender;

(F) the circumstances of the child's death or near-death;

(G) any known Child Welfare (CW) history regarding the child;

(H) the KIDS report number; and

(I) the assigned county.

(3) When a near-death occurs, the CW specialist sends a copy of the entire case record to CFSD CPS Section within 90 calendar days of the child's near-death.  CPS programs staff contacts the CW specialist for additional information, when needed.

(4) When a child death occurs, the CW specialist sends a copy of the entire case record to CFSD CPS Section within 30 calendar days of receiving notice from CFSD CPS of the receipt of the Medical Examiner's Report of Autopsy.

(A) When it appears the investigative process will not be completed timely, an extension for completion of the investigation or related paperwork may be granted per OAC 340:75-3-11 Instructions to Staff.

(B) CPS programs staff contacts the CW specialist for additional information, when needed.

3.   Initial report prepared by CFSD CPS.

(1) After receipt of the death or near-death notice from the Hotline, CFSD CPS Section programs staff prepares a factual account of known circumstances of the child death or near-death including current and previous Oklahoma Department of Human Services (OKDHS) and CW history.

(2) The initial report is sent to the:

(A) applicable OKDHS Human Services Center;

(B) Field Operations Division;

(C) Legal Division;

(D) applicable CFSD staff;

(E) OKDHS Office of Communications;

(F) State Child Death Review Board; and

(G) Oklahoma Commission on Children and Youth.

4.   Public inquiries.  Any media, public, or other inquiry about a specific case by persons without an official need to know is directed to the Office of Communications.

(1) CW information and investigations are confidential unless otherwise provided by law.

(2) All public communications regarding reports under investigation, and the investigation itself, are issued only by authorized personnel within the OKDHS Office of Communications or by a CFSD designated spokesperson. 

5.   Final determination in child death, near-death, or other critical incident investigation.  Upon completion of a child death or near-death investigation, a review is conducted by CFSD CPS programs staff per OAC 340:75-3-10.2.

6.   Critical Incidents Review Committee (CIRC).

(1) The Critical Incidents Review Committee may schedule reviews of reports alleging abuse or neglect involving:

(A) child deaths;

(B) child near-deaths;

(C) critical incidents for which a review is requested by CW staff; or

(D) other special circumstances indicating the need for a review of the incident.

(2) The CIRC routinely sets child death or near-death incidents for review in which:

(A) there is an ongoing permanency planning or voluntary family-centered services case with siblings;

(B) there are siblings named in a substantiated child death or near-death investigation and there is no related ongoing permanency planning or voluntary Family-Centered Services case;

(C) a report of suspected child abuse or neglect has been received within the previous two years;

(D) there have been more than one child death or near-death in the family; and

(E) there is an identified concern about the investigative process or ongoing permanency planning or voluntary family-centered services case.

(3) CIRC is composed of OKDHS employees from:

(A) CFSD;

(B) Field Operations Division;

(C) Family Support Services Division;

(D) Office of Client Advocacy; and

(E) Office of Information and Referral.

(4) CIRC members receive a copy of the applicable portions of the CW case record and read it prior to the scheduled review.

(5) Notice of the critical incidents review is sent to the appropriate area director, county director, and CW staff at least 30 calendar days prior to the scheduled review.

(6) Mandatory attendance at the CIRC includes the:

(A) CW case supervisor;

(B) CPS specialist; and

(C) permanency planning or voluntary family-centered services specialist.

(7) One staff person is prepared to verbally present the circumstances of the investigation and answer questions posed by the CIRC.  Information regarding any ongoing services is provided by the permanency planning or voluntary family-centered services specialist.

(8)        Administrative investigation of the death or near-death of a child known to CW.  Upon receipt of a notice of the death or near-death of a child known to CW, CFSD CPS Section programs staff reviews the case and notifies the human services center chief operating officer and CFSD director who determines whether an administrative investigation occurs per OKDHS:2-3-2.  A child known to CW is a child who at any time:

(1) within six months prior to the child's death or near-death incident:

(A) was the subject of a CPS assessment or investigation alleging child abuse or neglect;

(B) was the subject of a CPS report that CFSD determines was improperly screened out;

(C) resided in a household that included a member who was the subject of a CPS assessment or investigation alleging child abuse or neglect;

(D) was in OKDHS custody or under OKDHS supervision as a child alleged or adjudicated deprived;

(E) had an active CW case with OKDHS; or

(F) had an active voluntary family-centered services case; or

(2) during the two years preceding the child's death or near-death incident:

(A) was the subject of more than five CPS reports of abuse or neglect or three assessments or investigations alleging child abuse or neglect; or

(B) resided in a household that included a household member who was the subject of more than five CPS reports or three assessments or investigations alleging child abuse or neglect.