INSTRUCTIONS TO STAFF 340:75-3-10.3
Revised 10-1-11
1. Guidelines for substantiated finding of abuse or neglect. Guidelines described in (1) through (12) apply when all required and necessary interviews and observations with the child, person responsible for the child (PRFC), and collaterals have been conducted, except when a modification is approved by the Child Welfare (CW) supervisor.
(1) Abandonment.
(A) Prior to substantiating abandonment, the CW specialist considers:
(i) the PRFC's explanation of the incident to determine the reason the PRFC did not resume custody of the child;
(ii) whether mitigating circumstances exist, such as a teen parent who is in Oklahoma Department of Human Services (OKDHS) custody and who is unable, but not unwilling to provide care for the child;
(iii) the duration and chronicity of the PRFC's absence;
(iv) the efforts by the caregiver to locate the PRFC; and
(v) the impact of the PRFC's absence on the child.
(B) In general, to substantiate abandonment one of the factors in (i) through (v) is present. The PRFC:
(i) leaves the child, and there are no stated or implied plans by the PRFC to resume care or custody of the child;
(ii) arranges for a substitute caregiver and the substitute caregiver:
(I) is unwilling or unable to continue to care for the child. The child left with an appropriate caregiver is not abandoned unless the caregiver refuses to continue to provide care. Refer to OAC 340:75-3-2 ITS # 1; and
(II) is unable to locate the PRFC, and more than 24 hours have passed;
(iii) fails to make an effort to retrieve the child from the substitute caregiver and more than 24 hours have passed.
(iv) refuses to provide or assume care of the child or make appropriate alternative arrangements for the child; or
(v) is unable to provide care for the child and will not be able to assume care of the child.
(2) Domestic violence.
(A) Prior to substantiating domestic violence, the CW specialist considers the:
(i) child's age and vulnerability;
(ii) the severity of the incident; and
(iii) capacity of the PRFC to protect the child.
(B) In general, to substantiate domestic violence there:
(i) is an incident that results in serious physical harm to a member of the household;
(ii) is a pattern of assaultive and coercive behaviors between adults when a child is present that include, but are not limited to:
(I) threats that involve the child;
(II) choking the victim;
(III) physical injury requiring medical attention; or
(IV) the presence of weapons; or
(ii) are safety threats to the child that pose:
(I) imminent or impending physical danger;
(II) significant neglect; or
(III) significant emotional harm.
(3) Educational neglect.
(A) Prior to substantiating educational neglect, the CW specialist considers whether the child is receiving an alternative form of education and when the child is not, considers the:
(i) frequency and duration of non-attendance;
(ii) efforts made by the school district to rectify the problem;
(iii) PRFC's response to the efforts documented by the school district; and
(iv) PRFC's attempts to resolve the problems.
(B) In general, to substantiate educational neglect the factors in (i) and (ii) are present.
(i) The child fails to attend school or receive other means of education due to the PRFC's pattern of behavior.
(ii) The school district exhausts all available means to compel attendance and the PRFC has failed to respond.
(4) Failure to protect.
(A) Prior to substantiating failure to protect, the CW specialist considers:
(i) the PRFC's knowledge of a potential safety threat to the child;
(ii) the PRFC's overall attitude regarding the child's need for safety; and
(iii) whether a reasonable adult could have predicted harm to the child in the situation. A reasonable person acts sensibly, acts without serious delay, and takes proper, but not excessive precautions.
(B) In general, to substantiate failure to protect, either or both of the factors in (i) and (ii) are present.
(i) The PRFC had knowledge or could have predicted that the child would be:
(I) in an unsafe situation; or
(II) with an individual who had a history of abusive, neglectful, or violent behavior.
(ii) The PRFC failed to show attention, care, or consideration for the child's need for safety.
(C) When someone other than the PRFC is the perpetrator of the abuse or neglect to the child and:
(i) the PRFC has protected the child and will continue to protect the child, a finding of ruled out is made unless the CW specialist determines services are recommended to continue to ensure the child's protection; or
(ii) it appears the abuse or neglect was attributable to failure on the part of the PRFC to protect the child, a finding of substantiated failure to protect is appropriate.
(5) Lack of supervision.
(A) Prior to substantiating lack of supervision, the CW specialist considers the:
(i) child's competence;
(ii) environment where the child is left unsupervised;
(iii) duration and frequency the child is left without supervision;
(iv) child's accessibility to a capable adult;
(v) PRFC's expectations of the child while the child is alone;
(vi) resources available to the PRFC to improve the supervision plan; and
(vii) the PRFC's ability to make safety-related decisions regarding the child.
(B) In general, to substantiate lack of supervision the factors in (i) and (ii) are present.
(i) The child is placed in situations beyond the child's developmental ability to manage without competent supervision, guidance, or protection.
(ii) The circumstances of the supervision plan are such that a reasonable person would be expected to foresee that the child is placed in danger of physical harm, sexual abuse, or sexual exploitation.
(6) Medical neglect. In general, to substantiate medical neglect, consultation with medical personnel occurs and either factors (A) and (B) are present or factor (C) is present.
(A) The child does not receive medical, dental, or behavioral health care for a documented health problem that, if untreated, may place the child in imminent or impending jeopardy of limitation, incapacitation, or death.
(B) The PRFC demonstrates a consistent refusal to obtain and follow through with specified medical care.
(C) The health of the child was significantly endangered by the PRFC's failure to obtain medical treatment for the child.
(7) Mental injury - emotional abuse or neglect. In general, to substantiate mental injury one or more of the factors in (A) through (C) is present.
(A) The PRFC demonstrates a pattern of emotionally abusive or neglectful behavior causing the child extreme unpleasant mental reactions such as fright, horror, grief, shame, or humiliation.
(B) A professional opinion from someone with skills in diagnosing behavioral health concerns indicates the PRFC's behavior causes the child's observable and substantial impairment of his or her intellectual or emotional functioning.
(C) There is cumulative documentation of the child's impairment and the PRFC's behaviors such as:
(i) statements by the child and at least one competent witness;
(ii) the PRFC's description of a typical family interaction;
(iii) the PRFC's description of an attitude toward the child;
(iv) collaborative evidence provided by collateral sources familiar with the family; or
(v) the CW specialist's observation and assessment of the child's behavior and demeanor.
(8) Neglect.
(A) Prior to substantiating neglect, the CW specialist considers the:
(i) impact on the child related to the child's age, physical condition, and vulnerability to the conditions;
(ii) PRFC's pattern of neglectful behavior;
(iii) duration of the neglect; and
(iv) resources available to the PRFC to assist the PRFC with increasing protective capacities.
(B) In general, to substantiate neglect, the factors in (i) and (ii) are present.
(i) The PRFC does not provide basic food, clothing, or shelter, supervision, or essential medical, dental, or behavioral health care necessary for the child's health or safety, due to the PRFC's behaviors or refusal to use available resources.
(ii) The child is harmed or threatened with substantial harm as the result of the PRFC's behavior.
(9) Physical abuse.
(A) Prior to substantiating physical abuse, the CW specialist:
(i) determines whether the child sustained a physical injury;
(ii) assesses the severity of the injury; and
(iii) obtains the explanation given by the PRFC and child for the injury.
(B) Minor injury on a child older than ten years of age is not considered physical abuse unless the PRFC's actions that caused the injury created a probability that the child would sustain a more serious injury.
(C) In general, to substantiate physical abuse the factors in (i) and (ii) are present.
(i) The child sustains a physical injury inflicted by the PRFC resulting in permanent or temporary damage to the child's body from extreme physical punishment, punching, beating, kicking, biting, burning, or otherwise harming the child.
(ii) The injury is inflicted non-accidentally by the PRFC.
(D) When the PRFC does not admit inflicting the injury to the child, one or more pieces of evidence in (i) through (iii) is present.
(i) In the professional judgment of the CW specialist, the injury is clearly consistent with abuse or neglect based on credible evidence gathered regarding the cause of the injury.
(ii) It is the opinion of medical personnel that the injury is consistent with abuse.
(iii) A witness statement corroborates the child's statement.
(E) Physical abuse may be substantiated without the presence of an injury when the PRFC admits to an action that in the CW specialist's opinion based on professional training or on collaborating witness statements constitutes the potential for substantial injury to the child such as:
(i) the child is customarily hit in the face or head or receives extreme physical punishment inconsistent with the explanation; or
(ii) the child is very young and frail.
(10) Sexual abuse and sexual exploitation. Sexual abuse and sexual exploitation of a child seldom results in physical evidence and often a child victim, due to the seriously troubling emotional aspects of sexual abuse, does not provide consistent reliable information. The absence of substantiation does not mean that sexual abuse or sexual exploitation did not occur. It merely means that the information obtained during the investigation is not sufficient to substantiate the allegation.
(A) Prior to substantiating sexual abuse or sexual exploitation, the CW specialist considers that:
(i) the statements and behaviors of the child are usually the primary sources of documentation of sexual abuse;
(ii) to substantiate sexual abuse or sexual exploitation based solely on the child's statement and behavior, the child's ability to describe or demonstrate the specific sexual acts must be present and supported by the child's description as to the context of the sexual abuse; and
(iii) when witnesses in the sexual abuse investigation provide information that supports the child's statement and behavior, the information may be used to support substantiation of sexual abuse.
(B) The three aspects explored regarding the child's statement and behavior are listed in (i) through (iii).
(i) The child's ability to describe either verbally or behaviorally the:
(I) sexual behavior by exhibiting sexual knowledge beyond what is expected for the child's developmental stage;
(II) description of the sexual behavior from a child's viewpoint; and
(III) explicit accounts of sex acts.
(ii) Generally, a child may be able to provide three or more details about the context of the victimization such as:
(I) where it happened;
(II) when it happened;
(III) what the perpetrator said to obtain the child's involvement;
(IV) where other family members were;
(V) what the victim was wearing;
(VI) what pieces of the child's clothing were removed;
(VII) what the perpetrator was wearing;
(VIII) what pieces of the perpetrator's clothing were removed; and
(IX) the child's emotional state during the abuse such as being scared, feeling bad, or being confused;
(X) whether the perpetrator said anything about the child or perpetrator telling or not telling;
(XI) whether the child told anyone; and
(XII) the reactions of persons the child told.
(iii) The child's statement and behavior is explored regarding the child's affect or emotional reaction when recounting sexual abuse. Common emotional reactions to disclosure include:
(I) reluctance to disclose;
(II) embarrassment;
(III) anger;
(IV) anxiety;
(V) disgust;
(VI) sexual arousal; or
(VII) fear.
(C) Medical evidence of sexual abuse is seldom found in sexual abuse or sexual exploitation cases. The probability of medical findings is greater with younger children, acute abuse, and the availability of a skilled examiner. Most medical evidence will be described as consistent with or suggestive of sexual abuse rather than conclusive.
(D) Complete confession by the perpetrator during the CW specialist's investigation rarely occurs. The perpetrator may:
(i) admit to some but not all sexual abuse described by the child victim. Typically, the admission is to lesser acts; or
(ii) indirectly admit to the sexual abuse without directly stating that he or she sexually abused the child, for example, the perpetrator says the child isn't lying but doesn't admit his or her guilt.
(E) In general, to substantiate sexual abuse, one or more of the factors in (i) through (iii) are present:
(i) the child's statement and behavior includes the ability to describe or demonstrate specific sexual acts and the ability to describe the context of the sexual abuse;
(ii) medical evidence; or
(iii) confession of the perpetrator, whether a:
(I) complete confession;
(II) partial confession; or
(III) indirect admission.
(F) A specific perpetrator does not need to be identified to substantiate sexual abuse or sexual exploitation.
(G) A child's recantation of a previous account of sexual abuse or sexual exploitation is not uncommon and does not automatically indicate the previous findings were inaccurate.
(11) Threat of harm. In general, to substantiate threat of harm, the factors in (A) and (B) are present.
(A) The PRFC either intended to act, acted, omitted to act, or knew about conditions that placed the child in imminent or impending danger.
(B) The intentions, actions, omission, or conditions could have resulted in serious physical injury, sexual abuse, or serious neglect.