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340:75-3-10.1. Safety determination and responses

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Revised 6-1-07

(a) Evaluation of the child's safety. Evaluating the safety of a child is a primary Child Protective Services (CPS) function.

(1) Safety refers to the present security and well-being of a child who is assessed at risk of abuse or neglect and is determined by:
- (A) how controllable the child and family situation is;
- (B) whether the child's safety is an immediate concern; and
- (C) what the abuse or neglect is or its results may be.
(2) An evaluation must be conducted to identify a service response that will control risk and ensure the child's safety. • 1

(b) Determining the need for protective or emergency custody. There are situations in which the Child Welfare (CW) worker, in consultation with the CW supervisor, must evaluate whether a recommendation for protective or emergency custody is appropriate. These situations include serious abuse or neglect in which the child is at risk of serious physical harm. • 2

(c) Safety planning decisions in cases of serious abuse or neglect. When an alternative to protective or emergency custody is considered in situations in which serious physical harm is documented, the CW worker consults the CW supervisor and discusses each alternative to determine whether the child's safety is ensured. The safety plan must be discussed and agreed to by the person(s) responsible for the child (PRFC(s)). • 3

(d) Safety planning risk factors. When a safety plan is considered, it is critical to evaluate any risk associated with the safety plan.

(1) In cases of sexual abuse and serious physical abuse or neglect, it is imperative that the perpetrator is not allowed to have unmonitored contact with the child victim until the treatment process begins and there is progress in reducing risk.
(2) In the early stages of working with a family, denial may be a significant deterrent to ensuring protection from the perpetrator. When the family members cannot ensure there will be no unmonitored contact with the perpetrator, a recommendation for short-term protective or emergency custody is considered a safer option for the child. • 4

(e) Safety planning and court involvement. The implementation of a safety plan does not preclude the CW worker from requesting court involvement. A safety plan is voluntary without court intervention. It is important in serious cases of abuse or neglect for the CW worker to ensure the family is involved in a court-ordered treatment and service plan and the safety of the child is monitored. • 5

(f) Removal of a child from the home. A decision to recommend removal of a child from the home is made after consultation with the CW supervisor. When prior supervisory consultation is not feasible, the case is reviewed with the CW supervisor as soon as possible. A recommendation to remove a child from the home is made when, upon evaluating relevant conditions, the CW worker and CW supervisor determine:

(1) no in-home safety responses are available or acceptable;
(2) the parent(s) appears unable or unwilling to protect the child;
(3) appropriate, timely resources or services to reduce risk of abuse or neglect are unavailable; or
(4) continued placement in the home is contrary to the child's health, safety, or welfare. • 6

(g) Procedures for removal of a child not in Oklahoma Department of Human Services (OKDHS) custody. Per Section 7003-2.4 of Title 10 of the Oklahoma Statutes (10 O.S. § 7003-2.4) and Section 671 of Title 42 of the United States Code (42 U.S.C. § 671), a child is removed from the home only when continued placement in the home is contrary to the child's health, safety, or welfare. Reasonable efforts are made to prevent removal unless a documented emergency exists that requires removal.

(1) A child who is endangered by his or her surroundings may be removed from the home by law enforcement without a court order in the situations described in (A) through (E).
- (A) In an emergency situation, the CW worker contacts appropriate law enforcement officials and recommends that the child be placed in protective custody.
- (B) If law enforcement officials decline to remove the child, the CW worker may prepare an affidavit to present to the district attorney (DA) to request that the DA consider filing an application with the court to obtain an emergency custody order, per 10 O.S. § 7003-2.1.
  - (i) The CW worker advises the DA that the court order for removal of a child from the home must include a written finding that continuation of the child in the home is contrary to the child's health, safety, or welfare or language to that effect, such as, "Removal is in the child's best interests." The order must include a finding regarding whether reasonable efforts were made to prevent removal.
  - (ii) If the court does not make and document the finding of "Contrary to the child's health, safety, or welfare" at the time of removal, the state will not be in compliance with 42 U.S.C. § 671.
  - (iii) Whether the child is placed in protective custody by law enforcement or emergency custody through a court order, Oklahoma statutes require that each court order removing a child from the home include findings of "Contrary to the welfare" and "Reasonable efforts."
- (C) When a child who is in protective custody is in need of medical treatment, diligence is used in obtaining consent of the parent(s) or legal guardian to authorize medical treatment.
- (D) Law enforcement may authorize medical examination and treatment in the absence of the parent(s) or legal guardian when a:
  - (i) competent medical or mental health authority determines the treatment is an emergency; or
  - (ii) routine diagnosis is necessary to ascertain the condition of a child for his or her protection or the protection of others with whom the child may come in contact, per 10 O.S. § 7003-2.3.
- (E) If law enforcement or the parent(s) or guardian is unwilling to consent, the DA is contacted for purposes of obtaining an order of the court for such treatment.
(2) A child may be removed from an educational or child care facility by a CW worker when the criteria in (A) through (F) are met prior to removal.
- (A) It is established by the CW worker and supervisor that the removal is necessary to protect the child from risk of endangerment. Risk of endangerment is a serious abuse or neglect situation.
- (B) Law enforcement is contacted and declines to remove the child.
- (C) The CW worker prepares an affidavit to the DA who obtains a written emergency custody court order that includes a statement that the child may be removed from the educational or child care facility by a CW worker in order to protect the child from risk of endangerment.
- (D) A determination is made by the CW supervisor and county director that removal of the child from the facility can occur without disruption to the facility, humiliation to the child, or hostility or risk of reprisal from any party.
- (E) A copy of the written emergency custody court order is provided by the CW worker to the educational or child care facility at the time of the removal.
- (F) The CW worker notifies the PRFC(s) of the removal the same day and provides the PRFC(s) with a copy of the written emergency custody order as soon as possible. If the notification will place the worker in danger, the assistance of law enforcement is requested.

(h) Procedures for removal of a child in OKDHS custody. The CW worker may remove a child directly from the child's home when continued placement in the home is contrary to the health, safety, or welfare of the child and the child is in the legal custody of OKDHS, unless ordered placed in the home by the court. To ensure the safety of the child and CW worker, assistance from law enforcement is requested in these situations. • 7

(i) Procedures for securing emergency medical treatment of a child not in OKDHS custody. When a child is in need of immediate protection due to the need for medical treatment and the PRFC(s) is unwilling or unavailable to consent to such medical treatment or other action, the child may be taken into custody pursuant to a court order.

(1) The DA may make either verbal or written application for an emergency ex parte order when there is reason to believe the child is in need of immediate medical or mental health treatment.
(2) The court may or may not issue the order, but a full hearing must be held within 24 hours of filing the application. When an order is made, it must specifically include authorization for medical treatment per 10 O.S. § 7003-2.2.
(3) If the situation is not an emergency, but it is clear that the child requires medical treatment to protect the child's health, safety, or welfare, the DA may file an application and the court may hold a hearing within five days of the filing, per 10 O.S. § 7003-2.3.

(j) Preparation for the child and family when removal occurs. When the decision is made to remove a child from the child's home, the CW worker makes very effort to reduce the trauma and stress for the child and family by properly preparing all persons involved. • 8

(k) Placement considerations when the child is removed from the home.

(1) Placement planning. Once a child has been removed from his or her home, placement decisions are made with the long-term best interests of the child in mind in accordance with OAC 340:75-6-85. • 9
(2) Placement with relatives or kin. Placement with relatives or kin is considered when possible. It is important to assess relative or kinship placements in terms of the child's safety, per OAC 340:75‑3‑10.1(e), and long-term needs. Relatives or kin are only considered when:
- (A) the child will be safe with the relative or kin, per OAC 340:75‑3‑10.1(e). The history of the family is explored extensively, with the child's PRFC(s) and the relative or kin considered for placement; • 10
- (B) a relative or kin can provide a home that does not pose an obstacle to reunification plans as demonstrated by the relative's or kin's willingness to work with OKDHS and the family toward reunification;
- (C) a relative or kin is willing to accept placement of a sibling so that the siblings are not separated or the relative or kin is willing to facilitate contact between the siblings; and
- (D) a relative or kin could potentially provide long-term care for the child. The CW worker considers the age of the relative or kin in relationship to the child and the commitment of the relative or kin to the child should the placement become long-term.
(3) Placement in foster family care. If it is determined that foster family care is the best placement option for the child, considerations are:
- (A) the foster parent is an age appropriate provider for the child in case the placement becomes long-term;
- (B) the other child(ren) placed in the foster family home does not pose a safety threat to the child considered for placement;
- (C) the foster family is able to accept placement for a sibling(s) or facilitate contact between the siblings; and
- (D) when a foster family placement is made as an emergency, the emergency placement is evaluated quickly and arrangements are made to make a more appropriate placement as soon as possible.
(4) Placement of an infant who is at-risk.
- (A) Factors that determine whether an infant in OKDHS custody is at-risk include:
  - (i) prematurity;
  - (ii) history of respiratory distress;
  - (iii) oxygen dependency;
  - (iv) a diagnosis requiring special care beyond routine infant care;
  - (v) age younger than six weeks; and
  - (vi) medical conditions or illnesses that may result in increased episodes of illness, prolonged hospitalization, and increased cost for care.
- (B) An appropriate placement for an infant who is at-risk includes an approved foster or kinship family home, health care facility, or children's shelter that meets the criteria in (i) through (iii). The placement:
  - (i) provider for the infant has undergone all necessary training required to meet the medical needs of the infant;
  - (ii) setting has all of the necessary equipment required to meet the medical needs of the infant, the placement provider knows how to use the equipment, and the equipment is in operating condition; and
  - (iii) provider is willing and able to:
    - (I) follow all medical requirements and orders as given by the infant's physician;
    - (II) transport the infant to all medical appointments; and
    - (III) keep the infant's CW worker fully apprised of the infant's condition.
- (C) The CW worker provides to the placement provider, at the time of placement, all medical and other related information about the condition of the infant and updates the placement provider concerning any new information as it occurs.
- (D) The responsibilities of the CW worker for removal and out-of-home placement of a child at-risk are described in OAC 340:75-6-85.1 through 340:75‑6-85.4.

(l) Release of a child from protective custody. Unless there is a standing order of the court that allows for disposition of children taken into protective custody, a child is not released from protective custody without authorization and as specified by the court. Specific procedures are followed when a child is released from protective custody by the court. If the child is released from protective custody, the child is only released to the court-ordered custodian, per OAC 340:75-1-16.

INSTRUCTIONS TO STAFF 340:75-3-10.1

Revised 6-1-08

1.   Evaluating safety of the child. An evaluation is made by the Child Welfare (CW) worker to determine whether the child is or would be safe in the home if the child were to remain there. This evaluation includes knowledge of available services within the community per OAC 340:75-4-12.1 as well as assessing safety. The safety assessment is documented on Form 04KI023E, Safety Assessment, and on Form 04KI003E, Report to District Attorney.

2.   Evaluating need for protective or emergency custody. Unless an adequate alternative safety plan is discussed with the CW supervisor and an alternative safety plan is documented in the case record, a protective or emergency custody recommendation is made in serious abuse or neglect situations described in (1) through (16). A safety plan does not preclude a recommendation for court intervention and supervision by Oklahoma Department of Human Services (OKDHS) to formalize the safety plan through a court-ordered treatment and service plan.

(1) The child was assaulted, hit, poisoned, or burned so severely that serious injury resulted or could have resulted. For example, the parent threw an infant against a wall, but the infant was not seriously injured.

(2) An infant has bruising or burns on any part of the body.

(3) The child is three years of age or younger and the person(s) responsible for the child (PRFC(s)) demonstrates no attachment to the child, and has seriously inappropriate parenting skills.

(4) The child was systematically tortured or inhumanely punished. For example, the child was locked in a closet for long periods, forced to eat unpalatable substances, or forced to squat, stand, or perform other unreasonable acts as a means of torture.

(5) The PRFC(s)' reckless disregard for the child's safety caused or could have caused serious injury. For example, the PRFC(s) left a young child in the care of an obviously irresponsible or dangerous person.

(6) The physical condition of the home is dangerous and poses an immediate threat of serious injury to the child. For example, exposed electrical wiring or other materials create an extreme danger of fire or there are gas leaks in the home.

(7) The child was sexually abused or sexually exploited and the perpetrator has access to the child.

(8) The PRFC(s) purposefully or systematically withheld essential food or nourishment from the child. For example, the child was denied food for extended periods as a form of punishment for real or imagined misbehavior.

(9) The PRFC(s) refuses to obtain or consent to medical or psychiatric care for the child that is immediately required, as documented by medical evaluation, to prevent or treat a serious injury or disease. The child's physical condition shows signs of severe deterioration and the PRFC(s) seems unwilling or unable to respond.

(10) The PRFC(s) appears to suffer from mental illness, mental retardation, or substance abuse so severe that he or she does not provide for the child's basic needs, such as the PRFC who is demonstrably out of touch with reality or significantly intoxicated.

(11) The PRFC(s) has abandoned the child.

(12) There is reason to suspect, based on a history of frequent moves or of hiding the child from outsiders, that the PRFC(s) may flee with the child and the child is in danger.

(13) There is specific evidence that the PRFC(s)' anger and discomfort about the report and subsequent investigation will result in serious retaliation against the child. Such information is gained through a review of the PRFC(s)' past behavior, the PRFC(s)' statements and behaviors during the investigative interview, or reports from others who know the family.

(14) A baby is born to a PRFC(s) who is currently involved in an open Permanency Planning case and has not successfully completed the court‑ordered treatment and service plan or there is a pending motion to terminate parental rights.

(15) The PRFC(s)' parental rights were terminated to other children and there is harm or significant threat of harm to other children in the home of the PRFC(s).

(16) Any situation that involves a child in a family for which the criteria for the determination that reasonable efforts are not required, per OAC 340:75‑1-18.

3.   Making safety plans.

(1) All safety plans are documented on Form 04KI012E and Form 04KI003E.

(2) Form 04MP025E, Voluntary Family Service Agreement, is completed when the child remains in the home under a safety plan and the family has agreed to accept services to help provide for the child's safety as per OAC 340:75-4-12.1.

(3) The CW worker:

(A) ensures all necessary arrangements for the safety plan are made and agreed to by all participants;

(B) contacts persons or agencies responsible for carrying out the service plan; and

(C) contacts, no less than weekly, persons or agencies responsible for the safety plan and the service plan until the risk factors in the family are significantly reduced.

4.   Safety plan examples.

(1) Alternatives to protective custody. Alternatives to protective custody are listed in (A) through (J).

(A) The perpetrator leaves the home and remains gone either voluntarily or through legal means.

(B) The PRFC(s) is protecting the child and controlling the risk to the child. A reluctant agreement to protect a child from a perpetrator, for example, a parent who doubts that sexual abuse occurred but states the perpetrator will not have access to the child may not constitute an appropriate safety plan. The CW worker must determine that the perpetrator does not have access to the child through corroboration of collaterals.

(C) While the child remains in the home, court intervention is requested to ensure that the family is involved in securing needed treatment and assistance.

(D) The PRFC(s) arranges for the child to be out of the home, such as placement with a relative who:

(i) believes the child;

(ii) is willing to protect the child; and

(iii) upon review of CW records, has no concerning history of child abuse or neglect per OAC 340:75-7-15.

(E) There is a concerned relative who agrees to make contact with the PRFC(s) and child on a daily basis and report to the CW worker.

(F) A parent aide trained in the dynamics of child abuse and neglect is available, without delay, to visit in the home.

(G) Comprehensive Home-Based Services (CHBS) are immediately available to the PRFC(s) and child and the PRFC(s) accepts these services.

(H) A social services agency with appropriate services for the family has staff available to contact the family without delay.

(I) Protective child care services for the child are available and the PRFC(s) is willing to access these services.

(J) The PRFC(s) is willing to place the child in voluntary foster care during the crisis.

(2) Safety plan factors. In order to evaluate whether relatives or the non‑perpetrator PRFC(s) can protect the child adequately from the perpetrator, the issues in (A) through (H) must be considered.

(A) Does the relative, kin, or PRFC(s) believe that abuse or neglect occurred? If not, adequate protection may not be provided.

(B) Is the non-perpetrator PRFC(s) strongly dependent on the perpetrator for financial or emotional support, or both? If so, it may initially be difficult for the non‑perpetrator PRFC(s) to overcome his or her own needs and protect the child.

(C) Is the non-perpetrator PRFC(s) a victim of domestic violence or emotional abuse by the perpetrator? If so, the non-perpetrator PRFC(s) may be fearful of the perpetrator and unable to protect the child until the treatment process begins.

(D) Did the relative, kin, or non-perpetrator PRFC(s) fail to protect the child from abuse or neglect or fail to heed serious warning signs that abuse occurred? If so, the relative or non-perpetrator PRFC(s) may not see risk to the child if the perpetrator wants contact.

(E) Is the relative, kin, or non-perpetrator PRFC(s) displaying a willingness to support treatment for the family or is the agreement to participate in the safety plan just to avoid removal of the child? When there is no willingness to seek help to alleviate the concerns that led to the abuse or neglect, relying on the relative or non-perpetrator PRFC(s) is not an adequate safety plan.

(F) Is the non-perpetrator PRFC(s) planning to seek action in divorce court to change custody? If so, it must be evaluated whether this will adequately protect the child. It is likely that visitation will continue even with a change in custody. An action in divorce court does not ensure that all information regarding the abuse or neglect is heard and considered in custody and visitation decisions.

(G) Does the non-perpetrator PRFC(s) have difficulties due to substance or alcohol abuse? If so, these difficulties may prevent the non‑perpetrator PRFC(s) from adequately protecting the child.

(H) Is the person considered as a safety plan alternative placement:

(i) subject to the registration requirements of the Sexual Offender's Registration Act;

(ii) convicted of domestic or child abuse;

(iii) alcohol or drug-dependent with evidence of intent to inflict harm; or

(iv) living with or married to someone who fits those criteria? If so, the person is not considered as a placement option for the child victim per OAC 340:75-7-15.

5.   Recommendations to the district attorney (DA). Options in making recommendations to the DA are found in OAC 340:75-3-11 Instructions to Staff.

6.   Foreign nationals. Removal of a child from the home is based on safety considerations without regard to citizenship or immigration status. When a child who is a foreign national is removed from the home, the CW worker notifies the foreign consul by completing Form 04MP016E, Notice to Foreign Consul of Child Welfare Proceedings, per OAC 340:75-1-31 Instructions to Staff.

7.   Child who has left Oklahoma. When a child, for whom emergency custody or a pick-up order has been requested, has left Oklahoma prior to execution of the order, enforcement of the custody order and recognition of Oklahoma's jurisdiction by the other state must occur in order to have the child returned. Each situation is handled according to the laws and procedures in the state where the child is located.

(1) When the child's location is unknown, the CW worker contacts Children and Family Services Division Child Protective Services (CPS) Section to issue a protective service alert.

(2) When the child's location is known, the CW worker with the information about the allegations and investigation contacts the CPS agency in that county or state and sends a copy of the pick-up or emergency custody order to the CPS agency along with any other requested written documentation. Information may be shared with another CPS agency under these circumstances.

(3) Some CPS agencies, based on the information received, will enforce Oklahoma's order by taking the child who is at-risk into custody.

(4) When the child is taken into custody, a court hearing is held or the court is notified that the child was taken into custody based on the information and order from Oklahoma. Oklahoma CW staff must secure a court order from that state releasing the child to OKDHS custody to return to Oklahoma.

(5) If a CPS agency is unwilling or unable to assist, law enforcement is contacted and the order is faxed to the local law enforcement entity where the child is located.

(6) The Oklahoma judge and DA are notified if either the CPS agency or law enforcement is unwilling or unable to assist. In some circumstances, the judge or DA may contact the court or law enforcement in the other state for assistance.

8.   Preparation for removal. Preparing the family as well as the child is crucial when removal occurs.

(1) Preparing the family may be facilitated by the CW worker:

(A) explaining the reasons for removal and placement of the child;

(B) clarifying any question about court procedures;

(C) making clear the intent to reunify the child with the family as soon as the home is safe for the child;

(D) encouraging the parent(s), once he or she understands and accepts the reasons for the placement, to help explain the reasons for the placement to the child. This may comfort and reassure the child that the parent(s) will work with the CW worker so the child may return home;

(E) asking the parent(s) to provide in-depth information regarding the child's schedule, routines, likes and dislikes, and medical needs to help the placement provider maintain continuity for the child. The CW worker:

(i) when the child takes medication or has medical needs or allergies, asks the parent(s) to complete Form 04MP012E, Receipt and Release of Prescription and Over‑the‑Counter Medication(s);

(ii) asks the mother to sign Form VS 151, Application for Search and Certified Copy of Birth Certificate, to obtain a full-certified copy of the child's birth certificate, per OAC 340:75-13-9; and

(iii) asks the parent(s) to complete Form 04MP015E, Important People in the Child(ren)'s Life, to document and maintain the child's ongoing relationships;

(F) acknowledging the parent(s)' anger and grief in response to the loss of his or her child, and expecting the parent(s) to be initially resistant;

(G) encouraging the parent(s)' involvement in all aspects of the planning and placement process;

(H) encouraging the parent(s), when appropriate, to make recommendations of potential homes in which the child may be placed; and

(I) providing to the parent(s) OKDHS Publication No. 99-27, Away From Home, A Parent's Guide to Out-of-Home Placement.

(2) Adequately preparing the child for the placement serves several important purposes.

(A) The CW worker alleviates many of the child's anxieties and reduces the child's stress by providing the child with information regarding the need for placement and by familiarizing the child with all aspects of the setting to which the child is moving.

(B) If the CW worker does not know the child well, the CW worker uses the preparation period to better assess the child's strengths and needs. This information is then communicated to the placement provider to assist in receiving the child and making the child's transition into the new setting easier.

(C) Working with the child during the preparation phase helps the child establish a supportive relationship with the CW worker.

9.    Placement considerations.

(1) The placement that is made at the time of the child's initial removal from the home has a significant impact on the safety of the child and ultimately the possibility for successful reunification with the family or alternative permanent plans for the child. Many placements that were intended to be short-term placements turn into placements that last for many months or even years, so it is critical to consider this in making the child's initial placement.

(2) All efforts are made to place siblings together. When it is not possible to initially place siblings together due to lack of bed space, efforts begin the next working day and actively continue for whatever time is necessary to find a placement that keeps the siblings together.

(3) When the child receives adoption assistance, the CW worker notifies the adoption specialist of the child's placement in out-of-home care.

10. Family history. When a child has been seriously abused or neglected, the perpetrator may have been a victim of abuse or neglect within his or her own family. The perpetrator's relative may also have been a victim of abuse or neglect or impacted by the abuse or neglect within the family. This kind of family history may place the child at risk in the relative's or kin's home.

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