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OKDHS Home > Library > Policy > OAC 340 > Chapter 75. Child Welfare > 3. Child Protective Services > 10.2. Findings for Child Protective Services investigations
340:75-3-10.2. Findings for Child Protective Services investigations
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• 1 through • 6

 

Revised 3-26-10

    

     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 1-1-105 of Title 10A of the Oklahoma Statutes and OAC 340:75.  • 1

  • (1) Ruled out.  A finding of ruled out means a report in which a child protective services worker, after an investigation, determines that no child abuse or neglect has occurred. • 2
  • (2) Unsubstantiated – Services recommended.  A finding of Unsubstantiated - Services recommended means a report in which a child protective services worker, after an investigation, determines there is insufficient evidence to to fully determine whether child abuse or neglect has occurred, but one in which Oklahoma Department of Human Services (OKDHS) determines the child and family of the child may benefit from prevention and intervention-related services.  Services may be provided either by OKDHS or other community resources or providers.
  • (3) Substantiated – Services recommended.  A finding of Substantiated –Services recommended means a report is determined,  by a child protective services worker, after an investigation, and based upon some credible evidence, to constitute child abuse or neglect that is of such a nature that OKDHS recommends prevention and intervention-related services for the parents or person(s) responsible for the child (PRFC(s)) and the child, but for which initial court intervention is not required.  Services may be provided by OKDHS or other community resources or providers.
  • (4) Substantiated - Court intervention recommended.  A finding of Substantiated - Court intervention recommended means a report that is determined, by a child protective services worker, after an investigation and based upon some credible evidence, to constitute child abuse or neglect that is of such a nature that OKDHS finds the child's health, safety, or welfare is threatened.  • 3
  • (5) Reasonable exercise of parental discipline.  Per 10A O.S. § 1-2-105, if an investigation or assessment conducted by OKDHS in response to any report of child abuse or neglect shows that the incident reported was the result of the reasonable exercise of parental discipline involving the use of ordinary force, including spanking, switching, or paddling, the investigation or assessment will proceed no further and all records regarding the incident are expunged.  • 4

INSTRUCTIONS TO STAFF 340:75-3-10.2

 

Revised 10-1-11

 

1.  Child Protective Services (CPS) findings.  CPS findings are entered into the KIDS system.  Form 04KI003E, Report to District Attorney, is used to document all findings.

(1) CPS investigative findings.  Findings in OAC 340:75-3-10.2 (1) through (5) are made only in CPS investigations and not in CPS assessments according to the guidelines in OAC 340:75-3-10.3.

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

(3) Other findings.  CPS investigation findings, other than those found in OAC 340:75-3-10.2 (1) through (5), or assessment conclusions that may be used under very specific circumstances are:

(A) an unable to locate conclusion or finding.  This conclusion or finding may be made when diligent efforts were to locate the child victim and family per OAC  340:75-3-7.4 Instructions to Staff (ITS) # 26; and

(B) a failure to cooperate conclusion or finding.  This conclusion or finding may be made when the person responsible for the child (PRFC) does not cooperate in an assessment or investigation by refusing to allow access to the child victim for observation and interview per OAC  340:75-3-7.4 ITS # 25.

2.   Ruled out.  When there is no identified risk of child abuse or neglect and the family does not need prevention or intervention-related services, a finding of ruled-out is appropriate.

3.         Substantiated – Services recommended.

(1) A Substantiated – Services recommended finding is appropriate when a report is determined by a CPS specialist, after an investigation and based upon some credible evidence, to constitute child abuse or neglect and:

(A) the PRFC cooperates with Oklahoma Department of Human Services (OKDHS) to modify his or her behaviors or conditions in the home that caused the abuse or neglect to occur;

(B) the PRFC agrees to voluntarily participate in family-centered services; and

(C) the OKDHS case remains open to monitor the safety plan; or

(D) a PRFC is determined able to control or manage the safety threats by taking action and has the protective capacity to keep the child safe.

(2) Attempts to provide, refer, or arrange voluntary services are documented in the OKDHS record per OAC 340:75-3-13.

4.   (a) Substantiated – Court intervention recommended finding.  Cases that meet the definition of serious abuse or neglect and warrant court intervention to protect the child are appropriate for a Substantiated – Court intervention recommended finding.  Refer to OAC 340:75-3-10.1 and 340:75-3-11 for additional information regarding decisions about court intervention.

(b) Other options for Substantiated – Court intervention recommended finding.  Certain situations, due to the seriousness of the abuse or neglect, require a finding of Substantiated – Court intervention recommended when a deprived petition is not requested, such as:

(1) foster or trial adoptive home investigations.  When a foster or trial adoptive home investigation is conducted, court intervention has already been initiated regarding the child in OKDHS custody.  A Substantiated – Court intervention recommended finding is appropriate when:

(A) a determination is made that serious abuse or neglect occurred in the foster or trial adoptive home; 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 for child care center and child care home investigations.  When there is concern the parent is not protecting the child from the child care center or child care home perpetrator, a separate referral is made regarding the parent's alleged failure to protect the child and an assessment or investigation is conducted, when indicated.  A Substantiated – Court intervention recommended finding is appropriate for child care center and child care home investigations when:

(A) a determination is made that serious abuse or neglect occurred in the child care center or child care home;

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

(C) Oklahoma Child Care Services (OCCS) is investigating continued licensure for the facility or home; and

(3) when a child dies as the result of abuse or neglect by a person responsible for the child (PRFC) and there are no surviving siblings.  A Substantiated – Court intervention recommended finding is appropriate when the cause of the death was of such a serious nature that a criminal investigation is conducted by law enforcement.

  • (3) when a child dies as the result of abuse or neglect by a person responsible for the child (PRFC) and there are no surviving siblings.  A Substantiated – Court intervention recommended finding is appropriate when the cause of the death was of such a serious nature that a criminal investigation is conducted by law enforcement. 

5.   Reasonable exercise of parental discipline.  A finding of reasonable exercise of 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 for review, per OAC 340:75-3-12 ITS # 2.6.  

6.   (a) Final determination review process.  The final substantiated finding in an out-of-home or critical incident investigation as described in OAC 340:75-3-9.1 ITS # 5 is deferred for 90 days pending review and final determination by Children and Family Services Division (CFSD).

(1) Upon completion of Form 04KI003E, Report to District Attorney (DA), the child welfare field liaison (CWFL) reviews the substantiated finding of the out-of-home or critical incident investigation for compliance with OAC 340:75-3-10.3 and 340:75-3-2 and documents the review in the KIDS Review screen.

(2) When the proposed substantiated finding is not in compliance with OAC 340:75-3-10.3 and 340:75-3-2, the CWFL:

(A) mentors the CW specialist and supervisor;

(B) requests additional information or investigation, as necessary; and

(C) revises the finding when appropriate.

(3) When an appeal of a substantiated finding is requested by the PRFC, the CFSD Appeals Section:

(A) reviews the proposed finding for compliance with OAC 340:75-3-10.3 and 340:75-3-2; and

(B) documents the final determination review in the appeals screen in KIDS per OAC 340:75-3-20.

(4) When no appeal is requested by the PRFC, the CFSD CPS Section reviews the proposed finding for compliance with OAC 340:75-3-10.3 and 340:75-3-2.

(A) When the proposed substantiated finding is consistent with OAC 340:75-3-10.3 and 340:75-3-2, no action is taken and the review is documented in the appeals screen in KIDS.

(B) When the proposed substantiated finding is inconsistent with OAC 340:75-3-10.3 and 340:75-3-2:

(i) the CFSD CPS Section contacts the appropriate area director, county director, and CWFL to assure all relevant information is considered prior to the final determination;

(ii) CFSD CPS Section amends the finding, when appropriate, and notifies the appropriate area director, county director, and CWFL of the change; and

(iii) the county office notifies the PRFC and district attorney of the new finding, when necessary.

(5) After the CFSD CPS review and the exchange of information between county and program staff, the finding becomes final.

(b) CFSD CPS final determination review and finding.

(1) Upon receipt of the full case record, the CFSD CPS Section conducts a review of the out-of-home or critical incident investigation for compliance with OAC 340:75-3-10.3 and 340:75-3-2 and makes a final determination by:

(A) upholding the proposed finding;

(B) citing an improper entry and entering the revised finding; or

(C) amending the proposed finding in KIDS.

(2) When a finding is changed, the CFSD CPS Section:

(A) updates KIDS accordingly; and

(B) notifies the county, area, and other appropriate program staff of the change and related information within five business days; or

(C) may conduct a formal review with area and county staff.

(c) Re-opening the out-of-home or critical incident investigation involving a death or near-death pending final determination.  During the final determination review process, the investigation may be re-opened at the request of CFSD CPS Section or Field Operations to add additional information or conduct additional interviews.

(d) Critical incident review during the final determination process.  A case may be set for critical incident review during or after the final determination review process.
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Last Updated:  10/12/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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