§ 1-2-102. Department of Human Services--Required actions for reports of child abuse
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile CodeEffective: May 8, 2018
Effective: May 8, 2018
10A Okl.St.Ann. § 1-2-102
§ 1-2-102. Department of Human Services--Required actions for reports of child abuse
<Text as amended by Laws 2016, c. 66, § 1 and Laws 2018, c. 256, § 3. See, also, text of Title 10A, § 1-2-102 as amended by Laws 2016, c. 130, § 1.>
4. The Department shall determine the military status of parents whose children are subject to abuse or neglect. If the Department determines that a parent or guardian is currently serving on active duty in the United States military, the Department shall notify a United States Department of Defense family advocacy program that there is an investigation into the parent or guardian. The Department shall forward a report of its assessment or investigation and findings to the appropriate military law enforcement entity.
5. Whenever the Department determines there is a child that meets the definition of a “drug-endangered child”, as defined in Section 1-1-105 of this title, or a child has been diagnosed with fetal alcohol syndrome and the referral is accepted for investigation, the Department shall conduct an investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.
6. Whenever the Department determines an infant has been diagnosed with Neonatal Abstinence Syndrome or a Fetal Alcohol Spectrum Disorder, but the referral is not accepted for investigation, the Department shall develop a plan of safe care that addresses both the infant and affected family member or caregiver. The plan of safe care shall address, at a minimum, the health and substance use treatment needs of the infant and affected family member or caregiver.
the Department shall immediately make a referral, either verbally or in writing, to the appropriate local law enforcement agency for the purpose of conducting a possible criminal investigation.
c. the appropriate law enforcement agency requests the Department to assist in the investigation. If funds and personnel are available, as determined by the Director of the Department or a designee, the Department may assist law enforcement in interviewing children alleged to be victims of physical or sexual abuse.
the Department shall immediately make a referral, either verbally or in writing, to the appropriate law enforcement agency for the purpose of conducting a possible criminal investigation. After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation.
2. Whenever, in the course of any criminal investigation, a law enforcement agency determines that there is cause to believe that a child, other than a child in the custody of the Office of Juvenile Affairs and placed in an Office of Juvenile Affairs secure juvenile facility, may be abused or neglected by reason of the acts, omissions, or failures on the part of a person responsible for the health, safety, or welfare of the child, the law enforcement agency shall immediately contact the Department for the purpose of an investigation.
D. If, upon receipt of a report alleging abuse or neglect, the Department determines that the family has been the subject of a deprived petition, the Department shall conduct a thorough investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment. In addition, if the family has been the subject of three or more referrals, the Department shall conduct a thorough investigation of the allegations and shall not limit the evaluation of the circumstances to an assessment.
Credits
Laws 1995, c. 352, § 9, eff. July 1, 1995; Laws 1998, c. 421, § 6, emerg. eff. June 11, 1998; Laws 1999, c. 44, § 1, eff. Nov. 1, 1999; Laws 2000, c. 374, § 8, eff. July 1, 2000. Renumbered from Title 10, § 7003-1.1 and amended by Laws 2009, c. 233, §§ 17, 213, emerg. eff. May 21, 2009. Laws 2009, c. 338, § 4, eff. July 1, 2009; Laws 2010, c. 220, § 1, emerg. eff. May 6, 2010; Laws 2011, c. 1, § 1, emerg. eff. March 18, 2011; Laws 2011, c. 244, § 1, eff. Nov. 1, 2011; Laws 2012, c. 91, § 2, eff. Nov. 1, 2012; Laws 2014, c. 101, § 1, eff. Nov. 1, 2014; Laws 2014, c. 363, § 1, eff. Nov. 1, 2014; Laws 2016, c. 66, § 1, eff. Nov. 1, 2016; Laws 2018, c. 256, § 3, emerg. eff. May 8, 2018.
10A Okl. St. Ann. § 1-2-102, OK ST T. 10A § 1-2-102
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |