Revised 6-1-08

1.   Guidelines for confirmed 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 confirming abandonment, the CW worker considers:

(i) the PRFC(s)' explanation of the incident to determine the reason for not resuming custody of the child;

(ii) whether there were mitigating circumstances, such as with a teen parent who is in Oklahoma Department of Human Services (OKDHS) custody;

(iii) the duration and chronicity of the PRFC(s)' absence;

(iv) the efforts by the caregiver to locate the PRFC(s); and

(v) the impact of PRFC(s)' absence on the child.

(B) In general, to confirm abandonment one of the factors in (i) through (v) must be present.  The PRFC:

(i) deserts 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 this person is unwilling or unable to continue to care for the child, the caregiver's efforts to locate the PRFC are unsuccessful, and 24 hours or more have elapsed without the PRFC making an effort to retrieve the child.  A child left with an appropriate caregiver is not abandoned unless the caregiver refuses to continue to provide care;

(iii) refuses to have the child in his or her care and custody or make appropriate alternative arrangements for the child;

(iv) is unable to provide care for the child and will not be able to assume care of the child; or

(v) abandons an infant, per OAC 340:75-1-23.

(2) Domestic violence.

(A) Prior to confirming domestic violence, the CW worker considers the:

(i) child's age and vulnerability; and

(ii) capacity of the adults to protect the child.

(B) In general, to confirm domestic violence there is a pattern of assaultive and coercive behaviors between adults when a child is present that:

(i) include, but are not limited to, sinister threats that involve the child, physical injury requiring medical attention, or the presence of weapons; or

(ii) the child in the home is at risk of grave physical danger, significant neglect, or significant emotional consequences.

(3) Educational neglect.

(A) Prior to confirming educational neglect, the CW worker considers whether the child is receiving an alternative form of education and, if not:

(i) the frequency and duration of non-attendance;

(ii) the efforts made by the school district to rectify the problem;

(iii) the PRFC's response to these efforts as documented by the school district; and

(iv) the PRFC's attempts to resolve the problems.

(B) In general, to confirm educational neglect the factors in (i) and (ii) must be present.

(i)The child fails to attend school or receive other means of education due to the faults and habits of the PRFC.

(ii) The school district exhausts all available means per Section 10-105 et seq. of Title 70 of the Oklahoma Statutes to compel attendance and the PRFC has failed to respond.

(4) Failure to protect.

(A) Prior to confirming failure to protect, the CW worker considers:

(i) the PRFC's knowledge of potential risk of harm to the child;

(ii) the PRFC's overall attitude about the child's need for safety; and

(iii) whether a normally prudent adult could have predicted harm to the child in the situation.

(B) In general, to confirm failure to protect, either or both of the factors in (i) and (ii) must be present.

(i) The PRFC had knowledge or could have predicted that the child would be in a high risk situation or with an individual who had a history of abusive, neglectful, or violent behavior.

(ii) The PRFC failed to show regard for the child's need for safety.

(5) Lack of supervision. 

(A) Prior to confirming lack of supervision, the CW worker must consider the:

(i) child's competence;

(ii) immediate environment;

(iii) duration and frequency without supervision;

(iv) accessibility of a capable adult; and

(v) responsibility and expectations of the child and resources available to the PRFC to improve the supervision plan.  If the child is not alone, the CW worker evaluates the competency of the caregiver.

(B) In general, to confirm lack of supervision the factors in (i) and (ii) must be present.

(i) The child is placed in situations beyond the child's ability to cope due to a lack of 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 would be placed at risk of physical harm, sexual abuse, or sexual exploitation.

(6) Medical neglect.  In general, to confirm medical neglect, consultation with medical personnel must occur and either both factors (A) and (B) or factor (C) must be present.

(A) The child does not receive medical, dental, or mental health care for a documented health problem that, if untreated, may place the child in immediate or future 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 confirm mental injury either one or a combination of the factors in (A) through (D) must be present.

(A) The child has an observable and substantial impairment of his or her intellectual or emotional functioning, or both.

(B) The PRFC demonstrates a pattern of emotionally abusive or neglectful behavior.

(C) A professional opinion from someone with skills in diagnosing mental health concerns indicates the PRFC's behavior causes the child intellectual or emotional impairment.

(D) There is cumulative documentation, 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 worker's observation and assessment of the child's behavior and demeanor.

(8) Neglect.

(A) Prior to confirming neglect, the CW worker must consider the:

(i) impact on the child due to factors such as the child's age, physical condition, and vulnerability to the conditions; and

(ii) chronicity and duration of the problem and resources available to the PRFC to correct the problem.

(B) In general, to confirm neglect, the factors in (i) and (ii) must be present.

(i) The PRFC does not provide basic food, clothing, or shelter, supervision, or essential medical, dental, or mental health care necessary for the child's health or safety, due to the PRFC's practices or refusal to use available resources.

(ii) The child is harmed or threatened with substantial harm as the result of these practices.

(9) Physical abuse. 

(A) Prior to confirming physical abuse, the CW worker must determine whether:

(i) there is a physical injury;

(ii) the severity of the injury; and

(iii) 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 actions that caused the injury placed the child in grave physical danger.

(C) In general, to confirm physical abuse the factors in (i) and (ii) must be present.

(i) The child sustains a physical injury resulting in permanent or temporary damage to the child's body.

(ii) The injury is inflicted non-accidentally by the PRFC.

(D) If the PRFC does not admit inflicting the injury to the child, at least one of the pieces of evidence in (i) through (iii) must be present.

(i) In the professional judgment of the CW worker, the injury is clearly consistent with the child's explanation regarding the source of the injury.

(ii) It is the opinion of medical personnel that the injury is consistent with abuse.

(iii) Witness statement corroborates the child's statement.

(E) Physical abuse may be confirmed without the presence of an injury if the PRFC admits to an action that in the CW worker's opinion or based on collaborating witness statement constitutes the potential for substantial injury to the child, such as:

(i) the child is customarily hit in the face or head; 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 confirmation 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 confirm the allegation.

(A) Prior to confirming sexual abuse or sexual exploitation, the CW worker considers that:

(i) the statements and behaviors of the child are usually the primary sources of documentation of sexual abuse; and

(ii) in order to confirm 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.  If witnesses to the sexual abuse provide information in the same context as indicated in the child's statement and behavior, this information may be used to support confirmation of sexual abuse.

(B) The three aspects of the child's statement and behavior that are explored are listed in (i) through (iii).

(i) The child's ability to describe either verbally or behaviorally the sexual behavior by exhibiting sexual knowledge beyond what is expected for the child's developmental stage, the description of the sexual behavior is from a child's viewpoint, and the accounts of sex acts are explicit.

(ii) The child is able to describe the context of the sexual abuse, 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 clothing of the child was removed;

(VII) what the perpetrator was wearing;

(VIII) what clothing of the perpetrator was removed; and

(IX) the child's description of his or her emotional state during the abuse.  For example, being scared, feeling bad, or being confused, whether the perpetrator said anything about telling or not telling, whether the child told anyone, and the reactions of persons the child has told.  Generally, a child may be able to provide three or more details about the context of the victimization.

(iii) The child's statement and behavior to be explored is the child's affect or emotional reaction when recounting sexual abuse.  Common emotional reactions to the 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 worker'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 confirm sexual abuse, at least one of the factors in (i) through (iii) must be 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.

(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 in order to confirm 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) Substance abuse.  In general, to confirm substance abuse, either factors (A) or (B) and factor (C) must be present.

(A) An infant is born with positive tests for either alcohol or an illegal drug.

(B) A PRFC's illegal or inappropriate use of any drug, including alcohol, incapacitates or severely limits the PRFC in performing minimal basic care for the child.

(C) There is resulting serious neglect, serious physical abuse, risk of grave physical danger, or significant emotional consequences to the child.

(12) Threat of harm.  In general, to confirm threat of harm, the factors in (A) and (B) must be present.

(A) The PRFC either intended to act, acted, omitted to act, or knew about conditions that placed the child at substantial risk.