INSTRUCTIONS TO STAFF 340:75-3-11
Revised 12-1-10
1. (a) Preparing report to district attorney (DA). The Child Welfare (CW) worker prepares the report on Form 04KI003E, Report to District Attorney, and completes and attaches Form 04KI030E, Assessment of Child Safety, for each investigation.
(1) The entire report to DA and Form 04KI030E are submitted to the DA for each investigation, except when the finding is reasonable parental discipline, within 30 days of assignment unless an exception has been approved.
(2) A copy of the report is forwarded to the DA in the county where the suspected injury occurred if different than where the report is initially sent.
(b) Coordination between counties for completion and submission of reports. When more than one county is involved in an investigation, close coordination between CW workers for completion and submission of reports to the DA is required. Designation as the primary or secondary worker does not reduce a CW worker's level of responsibility for child safety.
(1) All reports and other relevant information are shared, and each county involved cooperates during the investigation.
(2) The location of the individuals to be interviewed determines which counties work together during the investigation. The county where the child victim is located receives primary assignment in KIDS.
(3) When interviews are required with family members or collaterals located outside the child victim's county, a written request is sent by e-mail or via KIDS to the other county or counties. The other county or counties receive secondary assignment on KIDS.
(4) In cases where court action is considered, the time allowed for completion of out-of-county interviews is based on the:
(A) safety needs of the child identified by the county where the child victim is located; and
(B) need to provide timely information to the appropriate court.
(i) The county requesting interviews corresponds with and receives from the other county an anticipated date for completion of interviews.
(ii) When a county that has received a request for interviews cannot comply with the completion date requested, an attempt is made to negotiate an acceptable alternative. When negotiations are unsuccessful, consultation with the CW field liaison or the Children and Family Services Division (CFSD) Child Protective Services (CPS) Section is obtained.
(iii) When parties agree, the county requesting interviews may go into the receiving county to conduct interviews.
(5) Interviews are documented on the appropriate page of the Report to District Attorney.
(6) The counties involved decide which county is most appropriate to make the finding in the case. Generally, this is the county with the most information about the case and is not determined by case assignment type. When the county where the petition is filed is not the county where most of the information is gathered, a cover memo with a recommendation is sent to the filing county. In cases where counties disagree about the finding, a consultation with the CW field liaison or the CPS programs staff is held.
(7) When more than one county is involved in an investigation, only one Form 04KI003E, Report to District Attorney, and one Form 04KI030E, Assessment of Child Safety, is prepared.
(A) A signed and dated copy is retained for the case file.
(B) A copy is sent to the DA in the county where the:
(i) child resides, or has resided for six months preceding the filing of the petition;
(ii) suspected injury or acts of deprivation occurred;
(iii) parent or sibling has a deprived action pending; or
(iv) if none of the locations are known, in the county where the child is found.
(c) Time requirements for submission of Report to District Attorney. Form 04KI003E, is written and submitted as soon as possible upon completion of the investigation. When necessary, an addendum to Form 04KI003E is submitted when additional information becomes available after submission of the original report. Time requirements for submitting reports are described in (1) through (9).
(1) Child in imminent harm - Substantiated – Court intervention recommended. Immediately, or as soon as possible the next judicial day, Forms 04KI003E and 04KI030E, Assessment of Child Safety, are submitted to the DA when court intervention is recommended and the child is not in protective custody, but at high risk of imminent harm. When the child's safety cannot be secured, an affidavit requesting emergency custody is submitted to the DA.
(2) Child in protective custody – Substantiated - Court intervention recommended. As soon as possible, but no later than five judicial days from the date of removal, Forms 04KI003E and 04KI030E are submitted to the DA regarding the child who is in protective custody when court intervention is recommended. A petition for a deprived child proceeding is filed within seven judicial days from the date the child is taken into custody, unless, upon request of the district attorney at the emergency custody hearing, the court determines there are compelling reasons to grant additional time for the filing of the petition for a period of time not to exceed 15 calendar days from the assumption of custody, per 10A O.S. § 1-4-205.
(3) Abuse, neglect, or both - Substantiated - Court intervention recommended - child safe. As soon as possible, but within five judicial days of the completion of the investigative interviews, Forms 04KI003E and 04KI030E are submitted to the DA when court intervention is recommended and abuse or neglect is substantiated, but the child is safe.
(4) Abuse, neglect, or both Substantiated - child safe - no court intervention recommended. Within 30 calendar days after the report is accepted for investigation, Forms 04KI003E and 04KI030E are submitted to the DA when abuse or neglect is substantiated, the child is safe, and court intervention is not recommended.
(5) Services recommended or ruled out - child safe - no court intervention recommended. Within 30 calendar days after the report is accepted for investigation, Forms 04KI003E and 04KI030E, are submitted to the DA when a finding of services recommended or ruled out is made, the child is safe, and court intervention is not recommended.
(6) Reports resulting from child custody or visitation proceedings. When the referral of abuse or neglect is initiated from a child custody or visitation proceeding, Form 04KI003E, with Form 04KI030E attached, or the assessment report is submitted to the referring court within 30 calendar days after the report is accepted for assessment or investigation. Form 04KI003E, and Form 04KI030E, is submitted to the DA as specified in (c) (1) through (5) of this Instruction.
(7) Exceptions to delay completion requirements. When factors prevent the completion and documentation of the assessment or investigation within the designated time, the CW supervisor may extend the time for a specified period not to exceed an additional 30 calendar days for completion of the assessment, investigation, or related paperwork. Exceptions are granted only for findings listed in subparagraphs (4) and (5) of this paragraph. The CW worker notifies the supervisor, who considers the request to delay submission of the report. When an exception is granted, the reason for the exception is documented on Form 04KI003E.
(8) Delays beyond 30-day extension. When the assessment, investigation, or related paperwork cannot be completed within the additional 30 days, a subsequent request for extension is considered by the next authority in the chain of command, and if granted, does not exceed an additional 30 calendar days.
(A) The exceptions to the time requirements listed in this Section do not apply to foster and trial adoptive home reports, child death reports, and reports pertaining to children in an open permanency planning or voluntary family‑centered services case.
(B) Foster and trial adoptive home investigative interviews with the child victim and person responsible for the child (PRFC) are completed and documented within ten working days or less of the date the report is received. Refer to OAC 340:75‑3‑8.1 for extension procedures.
(C) The investigation and related report of a child death is not completed until the Medical Examiner's Report of Autopsy is received that can take more than twelve months.
(i) When surviving siblings require immediate protection, reports are completed per time requirements in this Section. The CFSD CPS programs staff are available for consultation.
(ii) The report regarding the deceased child is completed within 30 calendar days of receipt of the Medical Examiner's Report of Autopsy.
(D) Interviews with the child victim and PRFC in an open permanency planning or voluntary family‑centered services case are completed and documented within ten business days from the receipt of the report.
(9) Request for extensions beyond 60 days submitted by county director to area director. When excessive workload, caused by a marked increase in abuse or neglect reports or CW staff vacancies, results in an inability to meet requirements for more than 60 calendar days, the CW supervisor notifies the county director in writing requesting an exception.
(A) The county director is provided written details from the CW supervisor regarding the:
(i) total number of reports received for the 60 calendar day period;
(ii) staff available to conduct assessments or investigations;
(iii) special circumstances that led to the difficulty in meeting policy and time requirements; and
(iv) specific policy and time requirements that cannot be met.
(B) The county director directs the request for exception to the area director.
(C) Examples of excessive workload situations include, but are not limited to:
(i) an assignment of more than 15 reports per CW worker per month involving intensive intervention and assessment or investigation;
(ii) a comprehensive caseload exceeding more than 20 assignments per CW worker requiring both permanency planning and assessment or investigative responsibility;
(iii) a supervisory vacancy of more than one month;
(iv) a CW worker vacancy in a one-worker county; and
(v) a CW worker vacancy of more than two months.
(d) Content of reports to DA. Form 04KI003E, The Report to District Attorney, is prepared with care and deliberation. It is the responsibility of the CW worker, in collaboration with the supervisor, to ensure the report contains all relevant information, including, but not limited to:
(1) pertinent information regarding family members, including both parents of each child;
(2) the nature of the report and facts of the case;
(3) no disclosure of the name or identification of the party who reported the allegations;
(4) information obtained that supports the findings related to abuse or neglect and safety threats;
(5) facts that support the safety responses and related decisions and the plan necessary to control safety threats; and
(6) when the child is placed in protective or emergency custody, clearly detailed information that reasonable efforts were made to prevent removal or that an emergency existed that required removal. When a deprived petition is requested, Form 04KI003E, must address the requirements in (A) and (B).
(A) The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), 43 O.S. § 551.209, requires the court make a proper determination of jurisdiction. Information containing UCCJEA is documented in Section D, Intake Information, in other custody proceedings, on Form 04KI003E and must include:
(i) the child's present address or whereabouts;
(ii) the places the child has lived during the last five years;
(iii) the names and present addresses of persons with whom the child has lived during the last five years;
(iv) whether the child or PRFC has participated as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, case number, and date of the child custody determination, if any;
(v) identification of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoption and, if so, identify the court, case number, and nature of the proceeding;
(vi) the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with the child and, if so, the names and addresses of those persons; and
(vii) any tribal court involvement.
(B) Reasonable efforts to prevent removal or an existence of emergency are documented on Form 04KI003E, in Section D, Intake Information, using either the block that indicates whether an emergency existed or that preventive or intervention-related services were offered. When yes is checked in either block, a detailed explanation of the emergency, preventive, or safety-related services that were offered to prevent removal is provided.
(e) Recommendations to the DA. The CW worker is responsible for making a recommendation regarding the best interests and safety needs of the child per OAC 340:75-3-5(g) regardless of the DA's position.
(1) Court involvement is not required when:
(A) the child is safe;
(B) the required level of intervention as described in OAC 340:75-4-12.1 Instructions to Staff (ITS) is level one or two; and
(C) there is moderate or low risk of abuse or neglect; and
(D) services through referral to appropriate providers are accessed;
(2) In serious cases of abuse or neglect, as outlined in OAC 340:75-3-10.1 ITS # 4, court involvement is considered.
(A) A request for court involvement is particularly important in:
(i) substantiated cases of sexual abuse when the perpetrator continues to have involvement with the child victim; and
(ii) substantiated cases of significant abuse or neglect to the child age three years and younger. The child remains unsafe in these circumstances unless appropriate services are obtained.
(I) When a safety plan is in effect in these cases, it may be necessary to request court intervention to monitor the safety of the child to ensure the PRFC and child victim follow through with needed services.
(II) Court involvement is an effective means of providing direction for the family in cases of serious threats of abuse or neglect.
(B) When one PRFC is the perpetrator and one PRFC is protecting, it is appropriate to recommend court action if the abuse or neglect is serious.
(i) When the perpetrator of serious abuse or neglect continues, as a result of non-deprived custody proceeding, to have parental rights, visitation, or contact with the child victim, there are continued safety threats unless services have been provided.
(ii) The structure of court involvement may be required to ensure both the perpetrator and the protecting PRFC receive services.
(C) A deprived petition, listing both parents of each child as parties, may be requested with a recommendation for:
(i) OKDHS custody;
(ii) OKDHS protective supervision;
(iii) OKDHS custody and a request for immediate termination of parental rights of the PRFC perpetrator and non‑protecting PRFC, when the case circumstances meet the criteria outlined in OAC 340:75-1-23 ITS # 1. Refer to OAC 340:75-3-2 for the definition of heinous and shocking or;
(iv) a finding that reasonable efforts to reunite the child with the family are not required according to the criteria listed in OAC 340:75-1-18.4.
(f) Court testimony. When a child is placed in protective custody or emergency custody, the courtroom testimony of the CW worker may be required. Refer to OAC 340:75-1-16 ITS # 2 for procedures.