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340:75-6-48.3. Protocol for missing, abducted, or runaway children in OKDHS custody or supervision
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Issued 5-11-06
When a child in Oklahoma Department of Human Services (OKDHS) custody or supervision is a runaway or abducted, OKDHS:
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(1) makes every effort to locate the child due to safety concerns; and
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(2) immediately takes steps to locate the child, including, but not limited to notifying:
INSTRUCTIONS TO STAFF 340:75-6-48.3
1. (a) Contact protocol for a child who is AWOL. A child in the custody or supervision of Oklahoma Department of Human Services (OKDHS) or a child in an open Child Protective Services investigation is considered absent without leave (AWOL) if he or she, without the permission of OKDHS, leaves or is taken by his or her parent(s), placement provider, or any other person from an OKDHS authorized location, including own home, relative's home, foster care, and above foster care placements. If a child is determined AWOL, the CW worker:
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(1) immediately notifies law enforcement, the district attorney, child's attorney, and, if applicable, child's parent(s);
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(2) submits the necessary paperwork as determined by the court of jurisdiction within one working day to request the court issue a pick-up order that indicates the child is a ward of the court;
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(3) documents an AWOL placement episode in KIDS Placement screen within one working day if the child has an open removal and is in OKDHS custody;
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(4) updates KIDS Living Arrangement fields in Client/Gen. Info./Birth Place/Living Details tab; and
- (5) contacts any relative or collateral, including, but not limited to, court-appointed special advocate (CASA), service provider, counselor, therapist, and school personnel, who may have information about the whereabouts of the child. The CW worker:
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(b) Intensive search determination.
- (1) Circumstances that necessitate the involvement and assistance of additional entities, such as National Center for Missing and Exploited Children (NCMEC) and Office of Inspector General (OIG), to locate a child are those in which the child:
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(A) has been abducted while in OKDHS custody or supervision or during an open investigation;
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(B) is missing and there is no indication that this was a planned runaway by the child;
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(C) runs away, and due to behavior or circumstances is at high risk of harm; or
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(D) has been AWOL for ten calendar days or longer and there has been no contact with the child.
- (2) In order to determine whether intensive search efforts are necessary, the CW worker immediately holds a staffing with the CW supervisor and county director to discuss the current situation. If the decision is that intensive search procedures are:
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(A) needed, the county director follows OAC 340:75-6-48.3 Instructions to Staff (ITS) 1(c); or
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(B) not needed, the county director sends an e-mail within one working day of the staffing to Children and Family Services Division (CFSD) Permanency Planning programs manager indicating intensive search efforts are not needed. If information is received that changes this decision, the county director follows OAC 340:75-6-48.3 ITS 1(c).
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(c) Intensive search protocol. When intensive search efforts are necessary, the county director:
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(1) ensures Form DCFS-111 (new form number 04MP023E), Missing Child Report, or DCFS-112 (new form number 04MP026E), Abducted Child Report, as applicable, is completed by the CW worker within one working day of the staffing;
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(2) immediately e-mails or faxes completed Form DCFS-111 (new form number 04MP023E) or DCFS-112 (new form number 04MP026E) to CFSD within one working day of the staffing, in order for CFSD, Permanency Planning staff to report the missing child to NCMEC and OIG; and
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(3) contacts CFSD Child Protective Services staff in order for CFSD Child Protective Services staff to enter a protective service alert, per OAC 340:75-3-6.
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(d) Protocol for the return of a child who is AWOL. When the child is located, the CW worker:
- (1) immediately assesses the safety of the child, and determines whether to:
- (A) return the child to an OKDHS authorized placement, if the child is in OKDHS custody.
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(i) There are circumstances when the CW worker may consider placing the child with the person with whom the child was found. Examples include, but are not limited to, when an older child goes AWOL to a:
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(I) parent(s) whose parental rights have been terminated;
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(II) parent(s) who has not completed the court-ordered treatment and service plan; or
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(III) person who is not an authorized OKDHS placement provider.
- (2) immediately, or no later than one working day after the CW worker has located an AWOL child:
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(A) notifies law enforcement, the district attorney, child's attorney, and, if applicable, child's parent(s);
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(B) submits the necessary paperwork as determined by the court of jurisdiction to recall the pick-up order;
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(C) notifies CFSD Protection and Permanency Services staff to close out the protective service alert and reports to NCMEC and OIG, if applicable;
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(D) end dates KIDS AWOL placement episode, if applicable;
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(E) updates KIDS Living Arrangements fields; and
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(F) contacts any relative or collateral, including, but not limited to CASA, service provider, counselor, therapist, and school personnel, who was contacted for information on the whereabouts of the child to report the child's return to the OKDHS authorized location. The CW worker documents these contacts in KIDS Contacts screen.
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(e) Protocol for a child who is AWOL and cannot be located. The CW worker:
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(1) continues to contact law enforcement, relatives, and any collaterals once per month in an effort to locate the child for a minimum of six months. These efforts are documented in KIDS Contacts screen and may be included in the monthly Face to Face (N/A) Child AWOL contact;
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(2) if, after a six month search, the child is not located, continues to contact law enforcement, relatives, and any collaterals every 90 days in an effort to locate the child;
- (3) if, after a two year search, there are no other children in the case, the child is not in permanent OKDHS custody, and the child has not been located, submits Form CWS-KIDS-11 (new form number 04MP023E), Court Report, or Form CWS-KIDS-25 (new form number 04KI014E), Individualized Service Plan (ISP) Progress Report, to the court documenting the efforts to locate the child and requests dismissal of the deprived case.
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(A) The CW worker advises the parent(s) of the request for dismissal of the deprived case.
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(B) If the court does not dismiss the deprived case, the CW case remains open and the CW worker continues to make efforts every 90 days as required, per OAC 340:75-6-48.3 ITS, to locate the child. The CW worker requests that the deprived case be dismissed at each subsequent court review.
- (C) If the deprived case is dismissed, the CW worker:
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(i) notifies law enforcement and the child's parent(s);
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(ii) submits the necessary paperwork as determined by the court of jurisdiction to recall the pick-up order;
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(iii) notifies CFSD Protection and Permanency Services staff to close out the protective service alert and reports to NCMEC and OIG, if applicable;
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(iv) end dates KIDS AWOL placement episode, if applicable;
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(v) updates removal and custody status information in KIDS; and
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(vi) closes the CW case.
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