Library: Policy
340:75-3-410. Investigation protocol for reports of abuse or neglect of a child in Oklahoma Department of Human Services (OKDHS) custody in a foster or trial adoptive home
Revised 9-16-19
(a) Purpose of foster or trial adoptive home investigations.A child in DHS care or custody requires ongoing protection from subsequent abuse or neglect while in therapeutic, specialized community home, emergency, Developmental Disabilities Services (DDS), tribal, kinship, and foster family care or trial adoptive placement.
(b) Foster or trial adoptive home investigation protocol.The investigation protocol used during a foster or trial adoptive home investigation is the same protocol used when an investigation is conducted in the child's own home, but includes additional interviews and the evaluation of case records relating to the foster or trial adoptive home. • 2
(c) Abuse or neglect investigation when the child is in DHS custody in a tribal foster home.The protocols used during a tribal foster home investigation are the same used when an investigation is conducted in the child's own home and the protocol regarding the Indian child, per Oklahoma Administrative Code (OAC) 340:75-19-10. • 3
(d) Contracted therapeutic, specialized community, or emergency foster home investigation protocol.The protocol used during a contracted therapeutic, specialized community, or emergency foster home investigation is the same protocol used when an investigation is conducted in the child's own home, but includes additional interviews and evaluation of case records relating to the placement. • 3
(e) Foster or trial adoptive home investigation findings.Upon completion of the foster or trial adoptive home investigation, a finding is made, per OAC 340:75-3-500. • 11
(f) Evaluation to determine continued use or closure of the foster or trial adoptive home.The results of the foster or trial adoptive home investigation are evaluated to determine whether to continue to use or to close the foster or trial adoptive home. • 14
(g) Office of Client Advocacy (OCA) investigates allegations of abuse or neglect in above foster care level settings.OCA investigates reports of child abuse or neglect of a child in DHS custody when the child is placed in an above foster care level setting.
INSTRUCTIONS TO STAFF 340:75-3-410
Revised 2-2-24
1. Reports of abuse or neglect in out-of-home care.
(1) All reports of alleged abuse and neglect in out-of-home care, including above foster care level placements, are reported to the Oklahoma Human Services (OKDHS) Abuse and Neglect Hotline (Hotline) for screening.
(A) An investigation is conducted that addresses each reported allegation that meets the definition of abuse or neglect, including all non-accidental physical or mental injuries to a child of any age, neglect, sexual abuse, any practices by the foster or trial adoptive parent or person responsible for the child's (PRFC) health, safety, or welfare living in the foster home that involve hitting or striking a child 5 years of age and younger, even when there is no report or observation of injury, and when a child who is 18 years of age and older discloses substantial abuse, neglect or sexual abuse that occurred while in OKDHS custody and placement in foster family care.
(B) The investigation is assigned to a child protective services (CPS) specialist who conducts an objective and unbiased investigation. When necessary, out-of-county Child Welfare Services (CWS) staff may be used.
(C) All investigations regarding a foster or trial adoptive home are assigned as a Priority I.
(i) When information indicates the child's safety can be ensured without an immediate investigation, the Hotline supervisor may assign the report as a Priority II with a response time of no more than five-calendar days for initiation of the investigation.
(ii) The Hotline supervisor documents the reason the report was not assigned as a Priority I on Form 04KI001E, Referral Information Report.
(2) Accepted reports of child abuse or neglect in a child's out-of-home placement are immediately reported by the CPS specialist to the child welfare (CW) specialist assigned to the child, CW supervisor, district director, and appropriate programs staff. Reports involving:
(A) OKDHS foster and kinship homes are reported to Foster Care and Adoptions program staff;
(B) supported foster homes and trial adoptive homes are reported to Foster Care and Adoptions program staff;
(C) coordinated and therapeutic foster homes are reported to Therapeutic Foster Care (TFC) Program staff;
(D) Developmental Disabilities Services (DDS) homes are reported to DDS staff;
(E) contracted specialized community homes and above foster care level settings are reported to Specialized Placements and Partnerships Unit (SPPU) and Office of Client Advocacy staff; and
(F) tribal foster homes are reported to OKDHS tribal program staff.
2. Foster or trial adoptive home investigation protocol.
(1) In addition to those persons identified in the investigation protocol, per Oklahoma Administrative Code (OAC) 340:75-3-200 Instructions to Staff (ITS), other persons interviewed in foster or trial adoptive homes include:
(A) all children living in the foster or trial adoptive home regardless of relationship to the child victim. Foster or trial adoptive parents must give permission for the CW specialist to interview their adopted or biological children or children living in the home in legal guardianship;
(B) other children who previously lived in the foster or trial adoptive home who may have experienced abuse or neglect or may be aware of abuse or neglect that occurred in the foster or trial adoptive home;
(C) the CW specialist assigned to the child;
(D) the resource or adoption specialist;
(E) the tribe, if applicable;
(F) biological parents who retain parental rights of all children living in the foster home; and
(G) other CWS staff and contract agency staff who were or are frequently in the home.
(2) A review of case records, including the child's case and the foster home, TFC foster home, tribal, or trial adoptive home case record, is also completed by the CPS specialist to gather information pertinent to the investigation.
(3) During the investigation, the CW specialist gives the foster or trial adoptive parent OKDHS Publication No. 13-20, Child Welfare Investigations in Foster Homes: A Guide for Foster Parents to Understand Their Rights and Responsibilities.
(4) The assigned resource or adoption specialist may accompany the CPS specialist during the investigation process to help the foster or trial adoptive family understand the process.
3. Tribal foster home investigation protocol. Additional protocols used during the tribal foster home investigation are described in (1) through (3) of this subsection.
(1) The CW specialist notifies the tribal representative of the report of abuse or neglect of the child in OKDHS custody placed in the tribal foster home and requests cooperation with the investigation.
(2) The decision to remove the child from the home, pending completion of the investigation, is based upon the same guidelines used when making a decision regarding a child in an OKDHS -approved foster home.
(A) The decision to remove the child is discussed with the tribal representative and the tribal representative is asked to assist in explaining the decision to the tribal foster family.
(B) When the tribal representative does not cooperate with OKDHS and the foster family to remove the child, OKDHS tribal program staff is notified.
(C) When the tribe's cooperation cannot be acquired through OKDHS tribal program staff, CWS staff has the authority, with the assistance of law enforcement when necessary, to remove the child from the tribal foster home unless the foster home is located on tribal land.
(3) When the tribal foster home is located on tribal land, the tribe removes the child and places the child in OKDHS physical custody as provided for in the terms of the state/tribal agreement.
4. When the alleged perpetrator of abuse or neglect is a child. When the alleged perpetrator is a child and there is potential for criminal charges, the interview with the minor perpetrator is conducted only to determine the family dynamics and if the PRFC protected the alleged child victim and will continue to protect the child victim from the minor perpetrator.
(1) The CPS specialist evaluates the situation carefully while collaborating with CWS staff responsible for the child and the foster or trial adoptive parent to determine the child's need for protection and plan of supervision.
(2) The evaluation includes assessing the foster or trial adoptive parent's willingness and appropriateness to protect the child.
(3) When the alleged child perpetrator is a child in OKDHS custody, the CW specialist cannot give consent to law enforcement to interview the child. The requesting law enforcement entity is referred to the court with jurisdiction over the child.
5. Determining the child's safety in a foster or trial adoptive home.
(1) The CPS specialist determines if abuse or neglect occurred to the child in the out-of-home setting.
(2) Safety refers to the child's present security and well-being.
(3) The determination regarding if a child can safely remain in a foster or trial adoptive home is based upon the:
(A) urgency;
(B) severity of the allegations; and
(C) level of risk.
(4) Safety is determined at the time the child abuse or neglect report is received and throughout the investigation.
(5) Anytime the child's safety cannot be ensured, the child, and any other child(ren, in OKDHS custody or voluntary care, is removed from the foster or trial adoptive home.
(6) When children in the household include the foster or trial adoptive parent's own child, the decision to recommend removal of the parent's child is based on safety, per OAC 340:75-3-300. A companion referral is generated when there are concerns for the biological or adopted children or children in a legal guardianship in the home.
(7) When possible, the decision to recommend removal is made by the CPS specialist, CW supervisor, and district director in collaboration with other persons involved with the child.
(8) When the child is in present danger and prior collaboration is not feasible, an initial safety plan is initiated that may include the child's removal or continued removal from the foster or trial adoptive home and may include a plan, such as taking the child to the OKDHS office or placing him or her in respite care.
(9) Persons promptly notified when the child in a foster or trial adoptive home is removed from the home due to suspected child abuse or neglect include the:
(A) foster or trial adoptive parent. Procedures for notifying the foster or trial adoptive parent of the child's removal are followed, per OAC 340:75-7-94, including sending completed Form 04MP014E, Notice of Child's Removal From Out-of-Home Placement;
(B) permanency planning specialist assigned to the child;
(C) CW supervisor;
(D) district director;
(E) resource and adoption specialists;
(F) the child’s biological parent if parental rights remain intact; and
(G) appropriate TFC, DDS, SPPU, Tribal, or Foster Care and Adoptions program units.
(10) Alternatives to the child's removal from the foster or trial adoptive home are appropriate when the child's safety is reasonably ensured.
(A) The Foster Care and Adoptions, DDS, TFC, SPPU, Tribal, and CPS program units are available for consultation when considering the child's removal from the placement.
(B) Each assigned CW specialist collaborates and participates in the 10-day staffing to ensure the child is safe in the placement when the child is not removed.
6. Notification to parent regarding child's injury. The parent of the child in OKDHS emergency or temporary custody is notified by the assigned CW specialist when the child is an alleged victim of child abuse or neglect.
(1) The notification occurs immediately after the child's condition is determined through interview and observation.
(2) When immediate contact with the child's family is not possible, contact is made the next OKDHS business day.
(3) Upon contact, the CPS specialist discusses:
(A) the abuse or neglect allegations;
(B) the investigative process; and
(C) any investigative concerns.
7. 10-day staffing purpose and process.
(1) The 10-day staffing is a process designed to utilize the perspective of each specialist involved with the child in OKDHS custody and the foster or trial adoptive family to make informed decisions concerning:
(A) dynamics in the home;
(B) maltreatment in the home;
(C) protective capacities of the foster or trial adoptive parent; and
(D) possible trauma triggers for the child.
(2) During the 10-day staffing a discussion occurs concerning:
(A) the home's safety;
(B) each affected child's placement;
(C) the pending companion referrals; and
(D) the establishment of roles and responsibilities, upon the conclusion of the investigation, for follow-up required by each CW specialist.
(3) Within 10- business days of the report's receipt, the CPS specialist arranges a 10-day staffing to determine whether it is safe for the child to remain in, or return to, the foster or trial adoptive home. The staffing includes the:
(A) CPS specialist;
(B) CW specialist assigned to the child;
(C) CW supervisors;
(D) district director of the child(ren) in placement;
(E) resource or adoption specialist;
(F) resource or adoption supervisor;
(G) resource or adoption field manager, as necessary;
(H) TFC Program staff, when applicable. Notification is sent by email to TherapeuticFosterCare@okdhs.org;
(I) representative of the resource family partner (RFP), when applicable; and
(J) tribal worker or OKDHS tribal program staff, when applicable.
8. Out-of-home assessment of child safety. Form 04KI030E, Assessment of Child Safety, is completed in part by the CPS, resource, or adoption specialist as a component of each out-of-home investigation.
(1) The CPS specialist completes the six key questions and safety decision sections of Form 04KI030E.
(2) The resource or adoption specialist assigned to the home completes the protective capacities section of Form 04KI030E, using information:
(A) gathered during the investigation;
(B) gathered during the 10-day staffing; and
(C) previous knowledge gained through working with the resource family.
9. Completion requirements for the foster or trial adoptive home investigation.
(1) The CPS specialist completes and documents investigative interviews with the child victim and PRFC within five- business days from the date the report is received.
(2) The CPS specialist documents the staffing results on Form 04KI003E, Report to District Attorney.
(3) The resource specialist documents the staffing results in the resource or adoption case.
(4) Each investigative interview is completed and documented and the investigation is closed within 30-calendar days from the date the abuse or neglect report is received.
10. Foster or trial adoptive home investigation completion extensions. The CPS specialist documents the investigation findings and recommendations on Form 04KI003E. The Foster Care and Adoptions, DDS, SPPU, TFC, or Tribal program units, as appropriate, are emailed the investigation findings and recommendations.
(1) The appropriate Foster Care and Adoptions, DDS, SPPU, TFC, or Tribal program units are contacted when an extension is necessary beyond:
(A) five-calendar days to complete and document the child victim and PRFC interviews; or
(B) 30-calendar days to complete, document, and close the investigation when key information is not available or due to the serious nature of the investigation.
(2) Examples of circumstances necessitating extensions are outlined in (A) through (D) of this paragraph.
(A) There are numerous allegations of sexual abuse and interviews are needed with numerous children previously placed in the foster home.
(B) Medical, lab, or autopsy reports are not available within the 30-calendar day completion requirement.
(C) There are serious abuse and neglect allegations and a criminal investigation is pending.
(D) Key individuals, such as the child victim or alleged perpetrators, are unavailable.
11. Investigation findings related to foster or trial adoptive home investigations.
(1) The CPS specialist uses Form 04KI003E to document all investigation findings.
(2) The CPS specialist verbally advises the foster or trial adoptive parent of the investigation findings and mails Form 04KI019E, Notification Concerning Finding(s) of Child Abuse/Neglect, to each foster or trial adoptive parent.
(3) When the investigation involves a supported foster or trial adoptive home, the CPS specialist advises the RFP of the investigation findings.
(4) The CPS specialist advises the foster or trial adoptive parent that any action regarding policy violations and the home's continued use is addressed by the resource and adoption specialists or appropriate programs staff, per OAC 340:75-3-410.
(5) At the conclusion of the investigation, email notification is provided to the Foster Care and Adoptions, DDS, SPPU, TFC, or Tribal program units, as appropriate. Other relevant written reports and recommendations for continued use of the home are submitted.
(6) Copies of Form 04KI003E are provided to the CW specialist assigned to the child and the resource and adoption specialists to address any needed action, such as a written plan of compliance for, or closure of, the OKDHS foster or trial adoptive home.
12. Investigation of the supported foster or trial adoptive home.
(1) When a report of abuse or neglect of a child in OKDHS custody involves a supported foster or trial adoptive home, notification of the report is provided to the:
(A) RFP;
(B) appropriate CWS RFP liaison;
(C) district director; and
(D) Foster Care and Adoptions, DDS, SPPU, TFC, or Tribal program units.
(2) The RFP is informed that no information regarding the referral is discussed with the supported foster or trial adoptive parent prior to the investigation initiation.
(3) When the investigation is completed, Form 04KI003E is prepared and routed the CW specialist assigned to the child and the resource and adoption specialist to address any needed action, per OAC 340:75-3-510 ITS.
(4) The CPS specialist notifies the supported foster or trial adoptive parent of the investigation finding(s).
(5) Form 04KI003E is not provided to the RFP.
(6) The appropriate Foster Care and Adoptions, DDS, SPPU, TFC, or Tribal program unit discusses the investigation findings, concerns, and issues with the RFP regarding continued use of the home for the child in OKDHS custody.
(7) Other relevant written reports and information pertaining to continued use of the home that are not appropriate to include in Form 04KI003E are submitted by the CW specialist to the appropriate Foster Care and Adoptions, DDS, SPPU, TFC, or Tribal program unit.
(8) The designated program person for the respective section:
(A) communicates with the RFP regarding the safety issues related to the home; and
(B) is available for consultation during the out-of-home investigation.
13. Review process for completed reports of abuse or neglect in foster or trial adoptive homes. CPS Programs Unit and other appropriate programs staff may review Form 04KI003E for compliance with current protocols and procedures. Refer to OAC 340:75-3-500 ITS for information regarding the final determination or program review process.
14. Decision-making process regarding the continued use or closure of the foster or trial adoptive home.
(1) The CPS specialist determines the investigation finding regarding the allegations of abuse or neglect.
(2) The decision-making process from the time the allegations are reported until the investigation is completed includes the:
(A) CPS specialist;
(B) CW specialist assigned to the child;
(C) resource and adoption specialists;
(D) family's permanency planning (PP) specialist; and
(E) all applicable CW supervisors.
(3) A determination is made as to whether the foster or trial adoptive parent can safely care for the child in OKDHS custody by considering:
(A) if abuse or neglect occurred;
(B) what protective capacities the foster or trial adoptive parent exhibits; and
(C) if the foster or trial adoptive home remains open.
(4) When the report of child abuse or neglect is substantiated, the persons listed in (2)(A) - (E) of this Instruction provide input regarding the home's continued use. The district director and Foster Care and Adoptions, DDS, SPPU, TFC, Tribal, and CPS programs staff are available for consultation.
(5) Following the investigation's completion, when a decision was made not to return the child to the placement, the foster parent or adoptive parent receives from the PP specialist Form 04MP031, Notice of Decision Not to Return Child After Investigation.
(6) Decisions or other actions regarding the continued use or closure of the foster or trial adoptive home are made and discussed with the foster or trial adoptive parent by the resource and adoption specialists and supervisor.
(7) Findings regarding the occurrence or presence of violations in the foster or trial adoptive home, per OAC 340:75-7-37, are addressed, per OAC 340:75-7-94.
(8) When abuse, neglect, or OKDHS discipline or other policy violations are identified in a tribal foster home, the tribe works with the foster home to correct the conditions when the foster parent wishes to continue to care for children in OKDHS custody.
(A) The tribal foster home case reflects if the conditions are corrected.
(B) The OKDHS tribal program staff monitors the case for corrective action before additional children in OKDHS custody are placed in the foster home.
