COMMENT DUE DATE:
January 28, 2014
DATE:
January 16, 2014
Shirley Russell, Child Welfare Services (405) 521-2881
Dena Thayer, OIRP Programs Administrator (405) 522-6703
Nancy Kelly, OIRP Policy Specialist (405) 522-6703
RE:
Non-APA WF 13-Z
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is February 5, 2014.
SUBJECT:WF 13-ZITS only
Chapter75.CHILDWELFARESERVICES
Subchapter3.CHILD PROTECTIVESERVICES
Part 4. SPECIALIZED INVESTIGATIVE PROTOCOLS, CHILD DEATH OR NEAR-DEATH REPORTING PROTOCOLS
OAC340:75-3-400 Instructions to Staff (ITS) Only [AMENDED]
SUMMARY:
OAC340:75-3-400 ITSareamendedtoreflectstatutoryrequirementsfrom House Bill (HB) 1067(2013)that requires law enforcement to notify DHSwhen a child may be a victim of human trafficking or sexual abuse and remand custody of the child to DHS.
CHAPTER 75. CHILD WELFARE
SUBCHAPTER 3. CHILD PROTECTIVE SERVICES
PART 4. SPECIALIZED INVESTIGATIVE PROTOCOLS, CHILD DEATH OR NEAR-DEATH REPORTING PROTOCOLS
340:75-3-400. Reports of child abuse and neglect with specialized protocols
Revised 7-1-13
Reports of child abuse and neglect with specialized protocols considered for acceptance for assessment or investigation include, but are not limited to:
(1) Child Protective Services (CPS) reports regarding an Oklahoma Department of Human Services (OKDHS) employee;¢ 1
(2) reports of abuse or neglect of a child in an active permanency planning or family-centered services (FCS) case;¢ 2
(3) reports regarding a child whose address is confidential per the Address Confidentiality Program (ACP) pursuant to Section 60.14 of Title 22 of the Oklahoma Statutes (22 O.S. § 60.14);¢ 3
(4) reports regarding Indian children;¢ 4
(5) reports regarding children in out-of-home care;¢ 5
(6) reports of abuse or neglect in child care center or home;¢ 6
(7) reports of abuse or neglect by someone other than the person responsible for the child (PRFC) per 10A O.S. § 1-2-102.¢ 7
(A) OKDHS makes a referral, either verbally or in writing, to the appropriate local law enforcement agency for the purpose of conducting a possible criminal investigation when, upon receipt of a report alleging abuse or neglect or during the assessment or investigation, OKDHS determines the:
(i) alleged perpetrator is someone other than a person responsible for the child's (PRFC) health, safety, or welfare; and
(ii) alleged abuse or neglect of the child does not appear to be attributable to failure on the part of a person responsible for the child's health, safety, or welfare to provide protection for the child.
(B) After making the referral to the law enforcement agency, OKDHS is not responsible for further investigation unless:
(i) OKDHS has reason to believe the alleged perpetrator is a parent of another child, not the subject of the criminal investigation, or is otherwise a person responsible for the health, safety, or welfare of another child;
(ii) notice is received from a law enforcement agency that it has determined the alleged perpetrator is a parent of or a person responsible for the health, safety, or welfare of another child not the subject of the criminal investigation; or
(iii) the appropriate law enforcement agency requests OKDHS, in writing, to participate in the investigation.If funds and personnel are available, as determined by the OKDHS Director, or designee, OKDHS may assist law enforcement in interviewing children alleged to be victims of physical or sexual abuse;
(8) reports resulting from judicial proceedings.
(A) When a report of child abuse or neglect resulting from court proceedings concerning child custody or visitation is received, the CPS assessment or investigation protocol and the provisions of 10A O.S. § 1-4-102 are followed.The assessment or investigation is completed within 30 days of the referral date.Upon completion, OKDHS:
(1) submits an assessment or investigation report to the office of the district attorney;
(2) provides a copy of the report to the referring court; and
(3) notifies the parties to the proceeding of the submission of the report to the court.
(B) When the evidence in a court proceeding concerning child custody or visitation results in placing the child into OKDHS emergency custody by the referring court, the provisions of 10A O.S. § 1-4-203 apply.
(C) Per 22 O.S. § 20, when a judge finds a defendant subject to incarceration is the sole custodian of a minor child and has not made safe and appropriate arrangements for the care of the child, the court makes a referral to OKDHS.The report is assigned for assessment or investigation.¢ 8 ; and
(9) reports of relinquishment of child seven days of age or younger to OKDHS.
(A) OKDHS will, without court order, take possession of a child seven days of age or younger when the child is voluntarily delivered to the child protective services agency when a parent voluntarily relinquishes the child as defined in 10A O.S. § 1-2-109 and does not express an intent to return for the child.OKDHS may:
(i) request, but not demand, information the parent is willing to share about the child, including the details of relevant medical history relating to the child or the parents of the child.At the parent's request, OKDHS respects the parent's desire to remain anonymous; and
(ii) provide the parent with printed information relating to the parent's rights with respect to reunification with the child and sources of counseling for the parents.
(B) Once a child has been relinquished to OKDHS, OKDHS:
(i) performs or provides for the performance of any act necessary to protect the child's physical health or safety; and
(ii) immediately checks with law enforcement authorities to determine if a child was reported missing and whether the missing child could be the relinquished child.¢ 9
INSTRUCTIONS TO STAFF 340:75-3-400
Revised 7-1-132-5-14
1.Child protective services (CPS) reports regarding Oklahoma Department of Human Services (OKDHS) employee. Specific procedures are followed when a report of child abuse or neglect is received involving an OK a DHS employee or a member of the employee's immediate or extended family with the exception of alleged abuse in an institution.
(1) A Child Welfare Services (CWS) child welfare (CW) specialist from another district or region is assigned the assessment or investigation:
(A) to avoid potential conflicts of interest when there is close proximity between the CWS office and work location of the OKDHS employee; or
(B) when the CWS CW specialist is acquainted with the OKDHS employee or the employee's family.
(2) When a report alleges serious physical or sexual abuse by a CWS staff person, the local district attorney is consulted to determine the most objective course of investigation.
(3) Hotline DHS Child Abuse and Neglect Hotline (Hotline) personnel contacts contact the deputy director for the region regarding assignment of the accepted report.
(4) All case information related to the assessment or investigation is restricted in KIDS.
2.Reports of abuse, neglect, or injury of a child in an open permanency planning, trial reunification, or Family-Centered Services (FCS) case.
(1) When abuse or neglect of a child, who is part of an open permanency planning, trial reunification, or FCS case, is suspected, or when the child has evidence of any abuse or neglect per Oklahoma Administrative Code (OAC) 340:75-3-130, 340:75-4-13, and 340:75-6-88, including alleged accidental physical injury when the accidental injury is to the face, head, neck, stomach, or genitals, the information is reported to the OKDHS Abuse and Neglect Hotline Hotline and documented on Form 04KI001E, Referral Information Report.
(2) The report assigned for investigation is assigned to a CWS CW specialist who does not have assignment to the open permanency planning, trial reunification, or family-centered services FCS case.
3.Reports regarding a child whose address is confidential per the Address Confidentiality Program.Reports regarding child abuse and neglect that fall within the scope of CPS are accepted for assessment or investigation even though the actual finding address of the child is confidential per Section 60.14 of Title 22 of the Oklahoma Statutes (22 O.S. § 60.14).
4.Reports regarding Indian children.To ensure compliance with the Indian Child Welfare Act (ICWA), procedures per OAC 340:75-19-9 and 340:75-19-10 are followed for all children reported or determined to be Indian.
5.Reports of child abuse or neglect or a violation of OKDHS rules in out-of-home care.
(1) When a report regarding a foster or trial adoptive home is received, the report is documented and evaluated to determine whether the allegations indicate abuse or neglect or a violation of OKDHS rules.Reports of abuse or neglect of the child in a foster or trial adoptive home is documented on Form 04KI001E.
(2) When information in the report indicates that a rules violation has occurred, the report is screened out and notification is sent to the resource unit to address the violation.
(3) Reports that meet criteria for acceptance involving the child in an above foster care setting is are directed to the Office of Client Advocacy Unit inbox for assignment.
(4) When a report of child abuse or neglect is received regarding a child in a foster or trial adoptive home that identifies the alleged perpetrator as a person not responsible for the child (non-PRFC), a referral is made to law enforcement.A preliminary inquiry is conducted to determine whether the foster or trial adoptive parent failed to protect the child from a high-risk situation that the foster or trial adoptive parent had knowledge of or could have predicted.
6.Reports of abuse or neglect in a child care center or home.
(1) Reports of physical abuse, sexual abuse, and or serious neglect in child care centers or homes, licensed or unlicensed, are investigated by a CWS CPS specialist.
(A) All accepted child care home and center reports are assigned as investigations.
(B) The response time for initiation of the investigation pertaining to child care centers depends on whether the alleged perpetrator is employed, resides in the home, or continues to care for or have access to children.
(C) Accepted reports pertaining to child care homes are assigned a Priority I response time for investigation initiation because generally, the owner/operator is generally the employee with continuing access to children.
(2) Allegations of general neglect and violations of licensing laws and regulations, such as a dirty facility, unsupervised children, or other similar situations, are referred to and addressed by Oklahoma Child Care Services (OCCS).
7.Reports of child abuse or neglect alleging someone other than the person responsible for a child's health, safety, or welfare (PRFC) is the perpetrator.
(1) When a reporter makes an allegation of abuse or neglect perpetrated by someone other than a PRFC, a preliminary inquiry, assessment, or investigation is conducted to determine if the alleged abuse or neglect is attributable to failure on the part of a PRFC to provide protection.
(A) A determination is made regarding whether the third-party perpetrator resides with a child who may be unsafe due to the alleged perpetrator's actions.
(B) A separate referral is completed and assigned for CPS assessment or investigation when information indicates a child is at risk of harm.
(2) A referral is assigned for CPS assessment or investigation to evaluate the family's circumstances when it is unknown whether the alleged abuse or neglect of a child by a third-party relative is attributable to failure on the part of the PRFC to provide protection for the child.A third-party assessment or investigation assignment protocol consists of:
(A) documenting report information on Form 04Kl001E, Referral Information Report;
(B) determining whether the third-party perpetrator lives with or has a child who is at risk;
(C) completing Form 04Kl001E relating to the alleged perpetrator and the perpetrator's own child, when appropriate;
(D) verbally notifying law enforcement of the report of abuse or neglect by someone other than the PRFC;
(E) forwarding Forms 04Kl001E, Referral Information Report, and 04CP002E, Notification to Law Enforcement Agency of Child Abuse or Neglect Report, to law enforcement; and
(F) assigning the report for assessment or investigation.
(3) Examples of the need for third-party assessment or investigation include, but are not limited to, when a:
(A) child is allegedly abused by a temporary baby-sitter who is a close friend of the child's mother.While the baby-sitter is an alleged third-party perpetrator, the close friendship between the mother and the alleged perpetrator indicates the need to conduct an assessment or investigation to determine:
(i) if the PRFC failed to protect the child; and
(ii) whether there will be ongoing protection for the child; or
(B) child's grandparent, who does not live in the child's home, allegedly sexually abused the child.While the grandparent is a third-party perpetrator, the close relative relationship indicates the need to conduct an assessment or investigation to determine:
(i) if the PRFC failed to protect the child; and
(ii) whether there will be ongoing protection for the child.
8.Reports resulting from judicial proceedings.
(1) When a report of child abuse or neglect is made by a referring court resulting from a child custody or visitation proceeding, the report is accepted for an assessment or investigation.
(A) When evidence in a court proceeding concerning child custody or visitation indicates the child may be a victim of abuse or neglect, the court makes a report to OKDHS for assignment as an assessment or investigation.
(B) When evidence in a court proceeding concerning child custody or visitation indicates a child is in surroundings that endanger the welfare of the child, the court may enter an order placing the child in OKDHS emergency custody at which time the provisions of the Oklahoma Children's Code apply.
(2) When any defendant sentenced to incarceration has sole custody of a minor child and has not made appropriate arrangements for the care of the child during the period of incarceration, the court makes a referral to OKDHS by contacting the OKDHS Abuse and Neglect Hotline and completes an OK a DHS-provided form.
(3) Any court presiding over any proceeding may report allegations of child abuse or neglect to OKDHS for assignment as an assessment or investigation.
(4) Judicial reports are not screened out except with permission of the referring court.
9.Abandoned or relinquished newborn.When a parent is reported to have abandoned or relinquished a newborn, a report is provided to the Hotline and documented on Form 04KI001E, Referral Information Report, and assigned for investigation.When the abandoned newborn's name and birth date is unknown, the newborn's:
(1) first name is selected by the CW specialist and entered in KIDS;
(2) last name is entered as XOXO in KIDS; and
(3) birth date is entered as the 15th day of birth month.
10.Infants born to incarcerated mothers, Erica's rule.When OKDHS receives a report concerning a pregnant inmate in the custody of the Oklahoma Department of Corrections (DOC) prior to the birth of the child, the report willbe screened out and referred to CWS CPS Programs staff who will:
(1) Contact the DOC case manager assigned to the pregnant inmate to arrange a CWS consultation with the inmate.With the inmate's consent, consultation will occur at the correctional facility or by telephone to assist in identifying appropriate caregivers if the inmate is expected to remain in custody after the birth of the child.
(A) Upon contact with the inmate, the CWS staff will obtain the names of potential caregivers for the unborn child and follow the protocol outlined below in Instructions to Staff (ITS) # 2.
(B) If the inmate declines to consult with CWS staff:
(i) The inmate's decision to decline is documented in the KIDS case associated with the screened out referral.
(ii) The hospital utilized by the DOC for the birth of the child will be notified of the inmate's decision to decline services.CWS staff will request that the hospital call the OKDHS Abuse and Neglect Hotline upon birth of the child.
(2) CWS staff will perform a records search of the potential caregivers identified by the inmate.
(A) The search will include the following public information sources:
(i) the Oklahoma Supreme Courts Network;
(ii) On Demand Court Records;
(iii) Oklahoma Department of Corrections records;
(iv) the Sexual Offender Registry; and
(v) the Violent Offender Registry.
(B) CWS staff will also perform a search of the Child Abuse and Neglect Information System (CANIS), also known as KIDS.
(C) CWS staff will document the results of the searches performed in the KIDS case associated with the screened out referral.
(3) When a report is received by the OKDHS Abuse and Neglect Hotline that the inmate has given birth, results of the services provided and information obtained related to the caregivers identified by the inmate will be made available to the CWS staff to assist in determining the appropriate response to the report per Oklahoma Administrative Code (OAC) 340:75-3-130.
(A) Upon the report of the birth of the child, if the inmate previously consulted with CWS staff regarding potential caregivers:
(i) CWS staff will verify with hospital staff that the identification of the caregiver provided to hospital staff by the inmate, matches the name previously provided to CWS staff.
(ii) CWS staff will document in the referral contact screen, and willnotify the hospital staff that a response to the report per 340:75-3-130 has been completed and associate this screened out referral to previous case in KIDS.
(B) If the inmate previously declined the consultation with CWS staff, or the caregiver identified to the hospital staff does not match the name previously provided to CWS staff, the protocol outlined in ITS # 2 (A) and (B) will be followed in order to determine the appropriate response to the report per 340:75-3-130.
*2-5-14 Editor note:Effective this date, ITS # 10 wording is not to be changed without Legal Services authority, per Samantha Galloway, Coordinator, Office of Intergovernmental Relations and Policy.
11.Child victims of human trafficking.DHS is responsible for investigating reports that a child may be a victim of human trafficking per 21 O.S. § 748.2.
(1) When DHS receives a report stating a child may be a victim of human trafficking a:
(A) Priority 1 response is required per OAC 340:75-3-130;
(B) joint investigation is conducted with law enforcement per OAC 340:75-3-110 and may involve coordination with other states when the child is not an Oklahoma resident;
(C) court order for emergency custody of the child is requested as soon as possible; and
(D) plan is made for the child's admission to a designated crisis stabilization center upon confirmation that a court placed the child in DHS emergency custody.
(2) Human trafficking protocol.
(A) During the investigation process:
(i)The child is transported to a designated crisis stabilization center upon placement with DHS.
(a) A crisis stabilization center is defined as a facility that provides short-term intervention and stabilization for trauma, emotional, behavioral, or substance abuse issues.
(b) Each child welfare office is responsible for identifying the center closest to their location.
(ii) Prior to transporting the child, the CW specialist contacts the center to ensure the child meets admission criteria and the center has a bed available for the child.
(iii) In the event the designated crisis stabilization center does not have a bed available, the CW specialist contacts the district director for assistance in exploring additional placement options, including a facility for in-patient evaluation when circumstances warrant.
(B) Child victims of human trafficking, due to their status as crime victims, are placed in appropriate facilities per 21 O.S. § 748.Placement in youth or children's shelters is discouraged due to concern for the safety of the other children in the shelter and the flight risk the human trafficking victim may pose.
(C) An emergency custody (show cause) hearing is conducted per OAC 340:75-3-300.
(i) When it is shown at the emergency custody (show cause) hearing that the child is likely a victim of human trafficking, the associated criminal charges, if any, shall be dismissed.
(ii) When the district attorney's office timely files a petition alleging the child to be deprived, the child remains in DHS emergency custody pending further disposition of the case in the deprived child proceeding.
(D) When it is determined, after consultation with the district attorney's office, the child is not a victim of human trafficking, an immediate notification is made to law enforcement for further disposition, and the CW investigation is completed.Unless a deprived petition is timely filed, the emergency custody order expires per 10A O.S. § 1-4-205 and DHS would no longer have has legal custody of the child.
(E) In order to protect the child victim of human trafficking, all information regarding the child, the child's family, and others involved with the child, as well as identities of suspected human traffickers must be treated as highly confidential.Extreme caution is taken and consultation with the appropriate district director and the district attorney's office occurs prior to the inclusion of any information into the court record that could compromise the safety of the child victim.
