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340:75-3-12. Child Abuse and Neglect Information System
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Revised 6-1-08
(a) Legal Base. The Child Abuse and Neglect Information System (information system) is a permanent, computerized record-keeping system maintained by Child Welfare (CW), pursuant to Section 7111 of Title 10 of the Oklahoma Statutes, that requires the maintenance of all reports of child abuse, sexual abuse, and neglect made pursuant to the provisions of the Oklahoma Child Abuse Reporting and Prevention Act.
(b) Purpose. The purpose of the information system is to:
- (1) provide central storage of information pertaining to reports of child abuse and neglect in Oklahoma;
- (2) serve as a tracking system for reports of child abuse and neglect; and
- (3) provide raw data for statistical analysis of child abuse and neglect reports.
(c) Staff authorized to inquire and report. Only authorized Oklahoma Department of Human Services (OKDHS) staff may inquire and report to the information system. Authorized staff and functions are listed in (1) through (4)
- (1) CW staff, investigating or assessing reports of suspected child abuse and neglect, must inquire and make reports to the information system. • 1
- (2) OKDHS foster and adoptive home staff must inquire into the information system to determine if any persons in the household, applying to become a foster or adoptive home, were involved in any child abuse or neglect situations investigated or assessed by OKDHS.
- (3) Reasons CW staff may inquire into the information system are:
- (A) for internal administrative purposes;
- (B) to respond to inquiries from persons who, as a part of their official duties, have responsibilities directly connected with child abuse laws, prosecution, or delivery of services, such as the district attorney, law enforcement, or another state's child protective services (CPS) agency; or • 2
- (C) to respond to an absent parent's inquiry about a child abuse investigation or assessment involving his or her child. The inquiring parent must provide verification of his or her identity and that he or she is the child's parent. Verification is in the form of a written, notarized statement or other proof, including the child's birth certificate, court order, or other such document.
- (i) When there is a pending investigation or other current CW involvement with the parent's child, the parent is referred to the assigned CW worker and supervisor.
- (ii) When the parent is aware that he or she was the subject of a previous investigation or assessment for which the parent did not receive notification of the investigative findings or assessment conclusions, the appropriate letter of findings or conclusions, per OAC 340:75-3-13(a), is sent to the parent.
- (iii) The parent is advised that a court order is required to release any other confidential CW information except in the circumstances in OAC 340:75‑3‑12 (c)(3)(C)(i)(ii).
- (4) Oklahoma Child Care Services (OCCS) licensing staff may inquire into the information system to determine if any person who signs the application for family child care home license or the owner of a child care facility has had a previous report of child abuse, neglect, or both. OCCS staff may inquire only when the applicant submits a signed:
- (A) Form 07LC042E, Request for License – Family Child Care Home and Large Child Care Home; or
- (B) Form 07LC041E, Child Care Staff Information.
INSTRUCTIONS TO STAFF 340:75-3-12
Revised 6-1-08
1. Inquiring and reporting to the Child Abuse and Neglect Information System (information system).
(1) CW staff involved in child abuse investigations or assessments follow the procedures outlined in (A) through (C) for inquiring and reporting to the information system.
(A) CW staff must inquire into the information system on each report of suspected child abuse, neglect, or both, as soon as possible after receiving the report. CW staff or authorized clerical personnel access this information by checking KIDS.
(B) The CW worker enters a record of all child abuse and neglect investigations or assessments on KIDS. Investigations or assessments that are determined to be the result of an exercise of reasonable parental discipline are not maintained as a permanent record in the information system, per OAC 340:75-3-12 Instructions to Staff 1(1)(C). All other investigations or assessments are permanently maintained. When there is an existing or ongoing investigation or assessment and a new report regarding the family is received, this report is entered into KIDS.
(C) When a finding of reasonable parental discipline is made, the Child Protective Services (CPS) Section of the Children and Family Services Division is notified via KIDS. A review of the investigation is conducted by the CPS programs staff. If CPS programs staff determine that the finding was made in accordance with policy guidelines, then the county office is notified through KIDS that the referral and investigation information will be expunged. Arrangement for the expunction is made by the CPS programs staff.
(2) All entries on KIDS related to the documentation of the assessment or investigation, particularly in the KIDS Abuse/Neglect Information and Investigation Findings screens, are considered the information system pursuant to the Oklahoma Child Abuse Reporting and Prevention Act.
2. Inquiries from non-OKDHS entities and out-of-state CPS agencies. All inquiries and requests for child abuse and neglect background searches from non-OKDHS entities within Oklahoma and from out-of state district attorney offices, law enforcement agencies, CPS agencies, or other entities may be referred or forwarded to the CFSD CPS Programs office for search purposes and response.
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