COMMENT DUE DATE:
February 18, 2014
DATE:
February 7, 2014
Shirley Russell, Child Welfare Services (405) 521-2881 Dena Thayer, OIRP Programs Administrator (405) 521-4326 Nancy Kelly, OIRP Policy Specialist (405) 522-6703
RE:
Non-APA WF 14-B
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is February 20, 2014.
SUBJECT:CHAPTER75.CHILDWELFARESERVICES
SUBCHAPTER3.CHILD PROTECTIVE SERVICES
PART 5. INVESTIGATIVE FINDINGS AND APPEALS
OAC340:75-3-500 Instructions to Staff (ITS) Only [AMENDED]
WF 14-B
SUMMARY:
Oklahoma Administrative Code (OAC)340:75-3-500 ITSareamendedto:(1)reflectchanges to the final determination review process for completed investigations with a substantiated finding; (2) clarify reasonable exercise of parental discipline; and (3) update DHS references.
CHAPTER 75. CHILD WELFARE
SUBCHAPTER 3. CHILD PROTECTIVE SERVICES
PART 5. INVESTIGATIVE FINDINGS AND APPEALS
340:75-3-500. Child Protective Services investigation findings¢ 1 through 910
Issued 7-1-13
After completion of the child protective services (CPS) investigation, a finding is made regarding whether there was some credible evidence to constitute child abuse or neglect, per Section 1-1-105 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-1-105) and OAC 340:75.
(1) Ruled out.A finding of ruled out means the Oklahoma Department of Human Services (OKDHS), after an investigation of a report of child abuse or neglect, determined that no child abuse or neglect occurred.
(2) Unsubstantiated.A finding of unsubstantiated means OKDHS, after an investigation of a report of child abuse or neglect, determined insufficient evidence exists to fully determine whether child abuse or neglect occurred.When child abuse or neglect is unsubstantiated, OKDHS may recommend, when determined necessary, that the parents or persons responsible for the care of the child obtain child abuse and neglect prevention and intervention-related services.
(3) Substantiated.A finding of substantiated means OKDHS, after an investigation of a report of child abuse or neglect and based upon some credible evidence, determined that child abuse or neglect occurred.When child abuse or neglect is substantiated, OKDHS may recommend:
(A) court intervention if OKDHS finds the child's health, safety, or welfare is threatened; or
(B) child abuse and neglect prevention and intervention-related services for the child, parents, or persons responsible for the care of the child if court intervention is not determined necessary.
(4) Reasonable exercise of parental discipline.Per 10A O.S. § 1-2-105, if an OKDHS assessment or investigation conducted in response to any report of child abuse or neglect determines that the incident reported was the result of the reasonable exercise of parental discipline involving the use of ordinary force, including spanking, switching, or paddling, the investigation or assessment proceeds no further and all records regarding the incident are expunged.
INSTRUCTIONS TO STAFF 340:75-3-500
Issued 7-1-132-20-14
1.Child Protective Services (CPS) findings.CPS findings are entered into the KIDS system.Form 04Kl003E, Report to District Attorney, is used to document all findings.
(1) CPS investigative findings.Findings in Oklahoma Administrative Code (OAC) 340:75-3-500 paragraphs (1) through (4) (3) are made only in CPS investigations and not in CPS assessments according to OAC 340:75-3-130 guidelines.
(2) Documentation.Form 04Kl003E is initially used to document all investigative findings, including a finding of reasonable exercise of parental discipline.Procedures in OAC 340:75-3-140 Instructions to Staff (ITS) are followed to document findings in KIDS.
(3) Circumstances that prevent an investigation finding.The CPS investigation that cannot be completed due to special circumstances has a determination, but of no finding. that may be used under specific Specfic circumstances that result in a determination of no finding include:
(A) an unable to locate determination.The unable to locate determination may be used when diligent efforts were made but failed to locate the child victim and family per OAC 340:75-3-200 ITS # 20; or
(B) a failure to cooperate determination.The failure to cooperate determination may be used when the person responsible for the child (PRFC) does not cooperate in an assessment or investigation by refusing to allow access to the child victim for observation and interview per OAC 340:75-3-200 ITS # 19.
2.Ruled out investigation finding.When there is no identified risk of child abuse or neglect and the family does not need prevention or intervention-related services, a finding of ruled-out is appropriate.
3.Unsubstantiated investigation finding.When insufficient evidence exists to fully determine whether child abuse or neglect occurred, the Child Welfare Services (CWS) specialist may recommend, when necessary, that the parents or PRFCs obtain child abuse and neglect prevention and intervention-related services.This finding is not used when a safety threat exists.
4.Substantiated investigation finding.A substantiated finding is appropriate when a report is determined by a CPS specialist, after an investigation and based upon some credible evidence, to constitute child abuse or neglect.When child abuse or neglect is substantiated, the CWS specialist assures the safety of the child and selects one or more of the following intervention strategies.Intervention strategies include:
(1) securing the PRFC's cooperation with Oklahoma Department of Human Services (OKDHS) to modify his or her behaviors or conditions in the home that caused the abuse or neglect to occur;
(2) securing the PRFC's agreement to participate in family-centered services; and
(3) keeping the OKDHS case open to monitor the safety plan;
(4) determining if the PRFC:
(A) is taking action to control or manage the safety threats; and
(B) has adequate protective capacities; or
(5) requesting court intervention by recommending a deprived petition.The CWS specialist documents in a KIDS case contact the DA District Attorney comments on Form 04KI003E, Report to District Attorney, when court intervention is requested.
5.Documenting attempts to provide, refer, or arrange services.Attempts to provide, refer, or arrange voluntary services are documented in the OKDHS record per OAC 340:75-3-520.
6.SoonerStart referrals for the child 3 years of age and younger when substantiated finding made.The child 3 years of age and younger who is the victim of substantiated child abuse or neglect is referred to SoonerStart per OAC 340:75-4-12.1.
7.Child care center and child care home investigations.Court intervention via a deprived petition is not necessary for the child care center and child care home investigations.When there is concern the PRFC for the child victim is not protecting the child from the child care center or child care home perpetrator, a separate referral is made regarding the PRFC's alleged failure to protect the child and an assessment or investigation is conducted when indicated.
8.Reasonable exercise of parental discipline.A finding of reasonable exercise of parental discipline is made when When circumstances indicate the PRFC used ordinary force and age appropriate, reasonable discipline methods that did not result in injury or visible marks on the child.When a finding is made that the report is the result of reasonable parental discipline, the case information is forwarded to the CPS Section Programs Unit for review, per OAC 340:75-3-140 ITS # 2.
9.(a) Final determination review processes.
(1) All completed investigations, with a substantiated finding, for out of home, child death, near death, and critical incidents, receive a review by the CPS Programs Unit.
(1)(2) When the proposed substantiated out of home, child death, near death, or critical incident investigative finding is in compliance with OAC 340:75-3-120, no action is taken and the review is documented in the appeal/review screen in KIDS.
(2)(3) When the proposed substantiated out of home, child death, near death, or critical incident investigative finding is not in compliance with OAC 340:75-3-120, the CPS Section Programs Unitmay:
(A) recommend mentors for the CW specialist and supervisor;
(B) request additional information or an investigation as necessary; or
(C) revise the finding when appropriate.
(3)(4) When the proposed substantiated out of home, child death, near death, or critical incident investigative finding is not in compliance with OAC 340:75-3-120 and requires revision, the CPS Programs Unit:
(A) the CPS Section contacts the appropriate district director or deputy director for the region to assure all relevant information is considered prior to the final determination;
(B) the CPS Section marks improper entry on a particular allegation and enters the revised allegation and appropriate finding;
(C) the CPS Section amends the finding, when appropriate, and notifies the appropriate district director or deputy director for the region of the change within five business days; and
(D) when necessary, the district office notifies the PRFC and district attorney of the new finding. that he or she is allowed 30 days to send additional information in regards to the new finding;
(4) When an appeal of a substantiated out of home, child death, near death, or critical incident investigative finding is requested by the PRFC, the Appeals Section:
(A) reviews the proposed finding for compliance with OAC 340:75-3-120; and
(B)(E) completes the review of the proposed finding for compliance with OAC 340:75-3-120 anddocuments the final determination review in the appeals/review screen in KIDS per OAC 340:75-3-530; and
(F) notifies the appropriate district director or deputy director and the district attorney of the final determination.
(5) After review by the CPS or Appeals Section Programs Unit and the exchange of information between district and program staff, the finding becomes final.
(b) Re-opening the out of home, child death, near death, or critical incident investigation pending final determination.During the final determination review process, the investigation may be re-opened to add additional information or conduct additional interviews.When a referral is reopened, information may be obtained for 15 calendar days.Reopened referral requirements:
(1) collateral contacts may be interviewed to gather additional information, when the Appeals or CPS Programs Section Unitrequests the referral be reopened based on a lack of supporting documentation;
(2) the CW specialist will not reinterview any identified PRFCs, alleged perpetrators, siblings, or victims;
(3) information obtained during this period may be entered as an addendum to Form 04KI003E, Report to District Attorney;
(4) supporting documentation is scanned into the referral file cabinet in KIDS;
(5) the referral may only be open for a period of 15 calendar days from the time the district director receives the request from the Appeals or Programs Section CPS Programs Unit; and
(6) at the end of the 15 days no further documentation is considered by the Appeals Section CPS Program Unitin regard to the appeal;
(c) Critical incident review during the final determination process.A case may be set for critical incident review during or after the final determination review process.
10. All other completed investigations with a substantiated finding may be appealed by the individual about whom the substantiated finding was made per OAC 340:75:3:530.
