OKDHS.org - OAC 340:75-3-10.2. Findings for Child Protective Services investigations

Calendar | Help | Contact Us | About this Site

Library: Policy

340:75-3-10.2. Findings for Child Protective Services investigations

<< Back

Next >>

Revised 6-1-07

After completing the Child Protective Services (CPS) investigation, a finding is made regarding whether the child was or is at risk of abuse, neglect, or both, per Section 7102 of Title 10 of the Oklahoma Statutes and OAC 340:75.

(1) CPS findings are entered into the KIDS system. • 1
(2) Form 04Kl003E, Report to District Attorney, is used to document all findings. Findings and criteria for making such findings are described in (A) through (E).
- (A) Services not needed. A finding of services not needed is made when there is no identified risk of child abuse or neglect and the family does not need prevention or intervention related services.
- (B) Services recommended. A finding of services recommended is made when the report is determined to be unfounded or there is insufficient information to fully determine whether child abuse or neglect has occurred, and the child and family may benefit from prevention and intervention related services. Services may be provided either by Oklahoma Department of Human Services (OKDHS) or other community resources or providers.
- (C) Confirmed report – services recommended. A finding of confirmed report – services recommended is made when the report is determined, based upon credible evidence, to constitute child abuse or neglect that is of such a nature that prevention and intervention related services for the person(s) responsible for the child (PRFC(s)) and the child are recommended but initial court intervention is not required. Services may be provided either by OKDHS or other community resources or providers.
- (D) Confirmed report - court intervention. A finding of confirmed report - court intervention is made when the report is determined, based upon credible evidence, to constitute child abuse or neglect that is of such a nature that the child's health or safety is threatened. For example, cases that fit the definition of serious abuse or neglect and warrant court intervention to protect the child. Refer to OAC 340:75-3-10.1 and 340:75-3-11 for additional information in making decisions about court intervention. • 2
- (E) Reasonable parental discipline. A finding of reasonable parental discipline is made when circumstances indicate that a PRFC used ordinary force and age appropriate, reasonable discipline methods that did not result in injury or visible marks on the child. When a finding is made that the report is the result of reasonable parental discipline, the case information is forwarded to Children and Family Services Division CPS Section programs staff for review, per OAC 340:75-3-12.

INSTRUCTIONS TO STAFF 340:75-3-10.2

Revised 6-1-07

1. CPS findings.

(1) Child Protective Services (CPS) investigative findings. Findings in OAC 340:75-3-10.2(2)(A) through (E) are made only in CPS investigations and not in CPS assessments.

(2) Documentation. Form 04Kl003E is initially used to document all investigative findings, including a finding of reasonable parental discipline. Procedures in OAC 340:75-3-12 Instructions to Staff (ITS) are then followed.

(3) Other findings. CPS investigation findings, other than those found in OAC 340:75-3-10.2(2)(A) through (E), or assessment conclusions that may be used under very specific circumstances are:

(A) unable to locate finding or conclusion that may be made when every effort has been made to locate the child victim and family per OAC 340:75-3-8.6 ITS; and

(B) failure to cooperate finding or conclusion that may be made when the PRFC does not cooperate in an investigation or assessment by refusing to allow access to the child victim for observation and interview per OAC 340:75-3-8.6 ITS.

2. Other options for confirmed – court intervention finding. There are certain situations, due to the seriousness of the abuse or neglect, when a finding of confirmed – court intervention is appropriate but a deprived petition is not requested, such as:

(1) foster or trial adoptive home investigations. Deprived court intervention has already been initiated regarding the child in Oklahoma Department of Human Services custody. However, this finding is appropriate when:

(A) a determination is made that serious abuse or neglect occurred; and

(B) law enforcement is conducting a joint criminal investigation;

(2) child care center and child care home investigations. Deprived court intervention is not necessary as the parent(s) is protecting the child. However, this finding is appropriate for child care center and child care home investigations when:

(A) a determination is made that serious abuse or neglect occurred;

(B) law enforcement is conducting a joint criminal investigation; and

(C) Division of Child Care is investigating continued licensure for the facility; and

(3) when a child dies as the result of abuse or neglect by a PRFC and there are no surviving siblings. This finding is appropriate when the cause of the death was of such a serious nature that a criminal investigation is being conducted by law enforcement.

<< Back

Next >>