INSTRUCTIONS TO STAFF 340:75-3-11
Revised 6-1-08
1. (a) Preparing Report to District Attorney. The Child Welfare (CW) worker prepares the report on Form 04KI003E, Report to District Attorney, on all investigations.
(1) The entire report is submitted to the district attorney (DA) on all investigations, except when the finding is reasonable parental discipline.
(2) The report is sent to the DA in the county where the suspected injury occurred.
(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.
(1) All reports and other relevant information are shared, and all counties coordinate on the investigation.
(A) The investigation is conducted based on where the individuals that need to be interviewed are located. The county with the first responsibility, the primary assignment on KIDS, is the county where the child victim is located since that is the first step in the investigative protocol.
(B) When interviews are needed with family members or collaterals in a county other than where the child victim is located, a written request by e-mail or on KIDS is made to the county that has secondary assignment on KIDS.
(C) In cases in which court action is being considered, the time frame for completion of out-of-county interviews is based on the safety needs of the child as identified by the county where the child victim is located as well as the need to provide timely information to the appropriate court. The sending county corresponds with and receives from the receiving county an anticipated date for completion of interviews. When a receiving county cannot comply with the time frame needed by the sending county, an attempt is made to negotiate an acceptable alternative. If this is not possible, consultation is sought with the CW field liaison or the State Office Child Protective Services Programs Section. If all parties agree, the sending county may go into the receiving county to conduct the needed interviews.
(D) All interviews are documented on the appropriate page of the Report to District Attorney.
(E) Counties must coordinate to decide which county is most appropriate to make the recommendation as to the finding in the case. Generally, this will be the county with the most information about the case. If the county where the petition is filed is not the county where most of the information is gathered, then a cover memo with a recommendation is sent to the filing county. In cases where counties disagree about the finding, consultation is sought with the CW field liaison or the CPS Programs staff.
(F) When more than one county is involved in an investigation, only one Report to District Attorney is prepared.
(i) A signed and dated copy is retained for the case file, per OAC 340:75-1-24(c).
(ii) A copy is sent to the DA in the county where the suspected injury occurred and, if different from where the injury occurred, to the DAs in the counties where the child resides and is found.
(c) Time frames for Report to District Attorney. The Report to District Attorney is written and submitted as soon as possible upon completion of the investigation. If necessary, an addendum to the Report to District Attorney may be submitted when additional information becomes available after the report is submitted. Time frames within which the report must be submitted are described in (1) through (7).
(1) Child at high risk of imminent harm - court intervention recommended. Immediately, or as soon as possible the next working day, a report is submitted on children not in protective custody but at high risk of imminent harm, and court intervention is recommended.
(2) Child in protective custody - court intervention recommended. As soon as possible, but no later than three judicial days from the date of removal, a report is submitted on children who are in protective custody where court intervention is recommended. State statutes require a deprived petition to be filed within five judicial days from assumption of custody unless the court determines at the emergency custody hearing that the DA has shown there is a compelling reason for additional time to file. In no case may more than 15 days be granted by the court.
(3) Abuse, neglect, or both confirmed, child safe - court intervention recommended. As soon as possible, but within five working days of the completion of the investigative interviews, a report is made in a case where court intervention is recommended and abuse or neglect is confirmed, but the child is safe.
(4) Abuse, neglect, or both confirmed, child safe - no court intervention recommended. Within 30 calendar days after the investigation, a report is submitted in a case where abuse or neglect is confirmed, the child is safe, and court intervention is not recommended.
(5) Services recommended or services not needed, child safe - no court intervention recommended. Within 30 calendar days after the investigation, a report is submitted in a case with a finding of services recommended or services not needed, the child is safe, and court intervention is not recommended.
(6) Reports coming from divorce or child custody actions. In cases where the referral of abuse or neglect comes from a court with a matrimonial or child custody action, Form 04KI003E, Report to District Attorney, is submitted to the referring court within 30 days of the receipt of the referral. Form 04KI003E is submitted to the DA as specified in (c)(1) through (5) of this Instruction, per OAC 340:75-3-6.1.
(7) Exceptions to delay time frames. Exceptions may be made only on subparagraphs (4) and (5) of this paragraph. The CW worker notifies the supervisor, who approves the delay. The reason for the exception is documented on Form 04KI003E.
(d) Content of reports to DA. 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 risk;
(5) facts that indicate whether the child is safe, and the safety responses and plan necessary to control risk of harm; and
(6) if the child is placed in protective or emergency custody, clearly detailed information in the court report that reasonable efforts were made to prevent removal or that an emergency existed that required removal. In these instances, Form 04KI003E, must address the federal requirements in (A) and (B).
(A) The Uniform Child Custody Jurisdictional and Enforcement Act (UCCJEA), 43 O.S. § 551.209, requires that 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 places the child has lived during the last five years, including names and addresses of persons with whom the child has lived during the last five years;
(ii) whether the child or person responsible for the child (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, the court, case number, and date of the child custody determination, if any;
(iii) 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, the court, case number, and nature of the proceeding; and
(iv) any tribal court involvement.
(B) Reasonable efforts to prevent removal or an existence of emergency must be documented in Section D, Intake Information on Form 04KI003E, using either the block that indicates whether an emergency existed or that preventive services were offered. If yes is checked in either block, there must be a detailed explanation of the emergency or the preventive services that were offered to prevent removal.
(e) Recommendations to the DA. The CW worker is responsible for making a recommendation as to the best interest and safety needs of the child, regardless of the DA's position, as outlined in OAC 340:75-3-5(e).
(1) Court involvement is not required to ensure safety in a case of confirmed moderate or low risk abuse or neglect when, instead of court‑ordered services and treatment plans, the family will receive services through referral to appropriate services or, with the family's agreement, family-centered services.
(2) In serious cases of abuse or neglect, as outlined in OAC 340:75‑3‑10.1(b), court involvement must be considered.
(A) A request for court involvement is particularly important in confirmed cases of sexual abuse when the perpetrator will continue to have involvement with the child victim(s) and in confirmed cases of significant abuse or neglect to children age three years and younger. Children remain at risk of significant harm in these circumstances unless appropriate treatment is obtained.
(i) Even if a safety plan has been put in effect in these cases, it may be necessary to request court intervention so that the safety of the child may be controlled for a period of time and to ensure that the PRFC(s) and child victim follow through with needed treatment.
(ii) Court involvement is an effective means of providing direction for the family and an appropriate consequence in cases of serious risk 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) Even in non-deprived custody actions, if the perpetrator of serious abuse or neglect continues to have parental rights, visitation, or contact with the child victim, there is continued risk unless treatment has occurred.
(ii) The structure of court involvement may be required to ensure that both the perpetrator and the protecting PRFC receive treatment.
(C) Recommendations for court action regarding both parents of each child may be made as a deprived petition filed with:
(i) custody to OKDHS;
(ii) supervision by OKDHS; or
(iii) custody to OKDHS and request to include prayer for immediate termination of parental rights to the PRFC perpetrator and non‑protecting PRFC, if the case circumstances fit the criteria outlined in OAC 340:75-1-23. Also refer to OAC 340:75-3-2 for the definition of heinous and shocking. The recommendation for court action may include a request that the DA consider asking the court to make a finding that reasonable efforts to reunite the child with the family is not required according to the criteria listed in OAC 340:75‑1‑18(5).
(f) Court testimony. If a child is placed in protective custody or emergency custody, the courtroom testimony of the CW worker may be required. For procedures that are used, refer to OAC 340:75-1-16.