INSTRUCTIONS TO STAFF 340:75-6-48.3
Revised 9-1-11
1. (a) Runaway or abducted child protocol. A child in Oklahoma Department of Human Services (OKDHS) custody or under OKDHS supervision or a child in an open Child Protective Services investigation is considered runaway or abducted when he or she, without the permission of OKDHS, leaves or is taken by his or her parent, placement provider, or any other person from an OKDHS authorized location, including own home, relative's home, foster care, and above foster care placements. When a child cannot be located, the CW specialist:
(1) immediately files a report with law enforcement and documents the:
(A) name, address, and phone number of law enforcement agency accepting the report;
(B) name of law enforcement officer who accepts the report via telephone;
(C) law enforcement case number; and
(D) date report is made to the law enforcement agency;
(2) immediately notifies the district attorney, child's attorney, and, if applicable, child's parent(s);
(3) 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;
(4) immediately documents a runaway or abducted placement episode in KIDS Placement screen no later than one business day after the episode when the child has an open removal and is in OKDHS custody;
(5) contacts any relative or collateral, including, but not limited to, court-appointed special advocate (CASA), guardian ad litem, service provider, counselor, therapist, and school personnel, who may have information about the whereabouts of the child. The CW specialist:
(A) continues to make these contacts a minimum of once per month until the child is located; and
(B) documents these contacts in KIDS Contacts screen.
(6) updates KIDS Living Arrangement fields in Client/Gen. Info./Birth Place/Living Details tab; and
(7) immediately holds a staffing with the CW Supervisor and county director, when feasible, to discuss the situation and determine whether national search efforts are necessary.
(A) A national search involves assistance from the National Center for Missing and Exploited Children (NCMEC), and may involve the Office of Inspector General (OIG), to locate a child. Examples of situations that require national search procedures include, but are not limited to, the child:
(i) has been abducted while in OKDHS custody, under OKDHS supervision, or during an open investigation;
(ii) is not in the approved OKDHS placement and there is no indication that this was a planned runaway by the child;
(iii) runs away, and due to behavior or circumstances, is at high risk of harm.
(B) When national search procedures are:
(1) needed, the CW specialist, CW supervisor, and county director follow OAC 340:75-6-48.3 Instructions to Staff (ITS) # 1(b); or
(2) not needed, the CW specialist, within one business day of the staffing with the CW supervisor and county director, sends an email to the CW supervisor for review and approval explaining the reason(s) a national search effort was not initiated. After approving the information contained in the email, the CW supervisor sends the email to Children and Family Services Division (CFSD) Permanency Planning Section indicating national search efforts are not needed.
(C) When information is received that changes the decision not to initiate national search efforts or seven days elapse without locating the youth, the CW specialist, CW supervisor, and county director follow OAC 340:75-6-48 ITS # 1(b) and (c).
(D) National search efforts are not required when the:
(i) youth has a pattern of running away and returning within 48 hours;
(ii) youth contacts the CW specialist, placement provider, or other connection and reports he or she left the placement on his or her own and remains in the area; or
(iii) CW specialist has knowledge of the youth's possible location and coordinates efforts to contact the youth at the possible location.
(b) National search protocol. When national search efforts are necessary, the CW specialist:
(1) completes Form 04MP023E, Runaway or Abducted Child Report, or 04MP026E, Abducted Child Report, as applicable, within one business day of the staffing held to determine whether national search efforts are initiated. Incomplete forms delay reports to NCMEC or OIG;
(2) immediately emails completed Form 04MP023E or 04MP026E to the CW supervisor for review and approval. Upon approval, the CW supervisor emails CFSD at email address, Runaway and Abducted Reports, available through the Global Address Book in Outlook, to notify CFSD permanency planning staff to report the runaway or abducted child to NCMEC, OIG, or both;
(3) contacts CFSD Child Protective Services (CPS) Section when a child has been abducted and CFSD CPS Section enters a protective service alert, per OAC 340:75-3-10.1 ITS # 17.
(c) National search redetermination. When a child has been on runaway status for seven calendar days or longer, and there has been no contact with the child, a national search effort is required per OAC 340:75-6-48.3 ITS # 1(b).
(d) Protocol for the return of a child who is runaway or abducted. When the child is located, the CW specialist:
(1) immediately assesses the safety of the child, and determines whether to:
(A) return the child to an OKDHS authorized placement, when the child is in OKDHS custody.
(i) The CW specialist may consider placing an older child who left an OKDHS-authorized placement with the person with whom the child was found including, but not limited to, a:
(I) parent whose parental rights are terminated;
(II) parent who has not completed the court-ordered individualized service plan; or
(III) person who is not an authorized OKDHS placement provider.
(ii) Approval to place the child with the person with whom the child was found is determined on a case-by-case basis unless the person has a felony conviction per OAC 340:75-7-15. The automatic bar to placement for certain criminal history does not apply to a parent.
(iii) The CW specialist consults with the CW supervisor and CW field liaison (CWFL) for permission and procedures related to the proposed placement. The CWFL consults with CFSD Permanency Planning Section as needed.
(iv) The CW specialist:
(I) assesses the reason(s) the child left the previous placement without OKDHS permission;
(II) assesses the proposed placement provider's current living situation; and
(III) determines whether a safety plan is required.
(v) The CW specialist may place the child in an OKDHS authorized placement until the appropriate approval is obtained to place the child in the proposed placement provider's home.
(vi) Court approval is required when the person to whom the child wants to return is a parent.
(vii) When a child, who is not in his or her approved OKDHS placement, has been located in another state, the CW specialist refers to information on runaways, per OAC 340:75-1-86 ITS; or
(B) when the child is under OKDHS supervision, take steps to return the child to the legal custodian or recommend the child be placed in OKDHS custody; and
(2) immediately or no later than one business day after the CW specialist has located a runaway or abducted child:
(A) notifies law enforcement, the district attorney, child's attorney, and, when applicable, child's parent(s);
(B) submits the necessary paperwork as determined by the court of jurisdiction to recall the pick-up order;
(C) notifies CFSD CPS and Permanency Planning Sections to close the protective service alert and reports to NCMEC, OIG, or both, when applicable;
(D) end dates KIDS runaway or abducted placement episode, when applicable;
(E) updates KIDS Living Arrangements fields; and
(F) contacts any relative or collateral, including, but not limited to CASA, guardian ad litem, 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 specialist documents the contacts in KIDS Contacts screen.
(e) Protocol for a runaway or abducted child who cannot be located. The CW specialist:
(1) continues to contact law enforcement, relatives, and any collaterals once per month until the child is located.
(2) after a two year search, when 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 04KI009E, Court Report, or Form 04KI014E, Individualized Service Plan (ISP) Progress Report, to the court documenting the efforts to locate the child and requests dismissal of the deprived case.
(A) The CW specialist advises the parent(s) of the request for dismissal of the deprived case.
(B) When the court does not dismiss the deprived case, the CW case remains open and the CW specialist continues to make efforts every 90 days until the child is located or the case is dismissed. The CW specialist requests that the deprived case be dismissed at each subsequent court review.
(C) When the deprived case is dismissed, the CW specialist:
(i) notifies law enforcement and the child's parent(s);
(ii) submits the necessary paperwork as determined by the court of jurisdiction to recall the pick-up order;
(iii) notifies the CFSD CPS and Permanency Planning Sections to close out the protective service alert and reports to NCMEC, OIG, or both;
(iv) end dates KIDS runaway or abducted placement episode;
(v) updates removal and custody status information in KIDS; and
(vi) closes the CW case.