At the initial time of contact with a person responsible for the health, safety, or welfare of a child who is the subject of an investigation pursuant to the Oklahoma Children's Code,1 the Department of Human Services shall advise the person of the specific complaint or allegation made against the person. If the Department is unable to locate the person, as soon as possible after initiating the investigation of the person, the Department shall provide to the person a brief and easily understood written description of the investigation process. Notice shall include:
1. A statement that the investigation is being undertaken by the Department pursuant to the requirements of the Oklahoma Children's Code in response to a report of child abuse or neglect;
2. A statement that the identity of the person who reported the incident of abuse is confidential and may not even be known to the Department since the report could have been made anonymously;
3. A statement that the investigation is required by law to be conducted in order to enable the Department to identify incidents of abuse or neglect in order to provide protective or preventive social services to families who are in need of such services;
4. A statement that, upon completion of the investigation, a letter will be sent from the Department which will inform the person:
a. that the Department has found insufficient evidence of abuse or neglect, or
b. that there appears to be probable cause to suspect the existence of child abuse or neglect in the judgment of the Department;
5. An explanation of the procedures of the Department for conducting an investigation of alleged child abuse or neglect, including:
a. a description of the circumstances under which the Department would seek to remove the child from the home through the judicial system, and
b. an explanation that the law requires the Department to refer all reports of child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred;
6. The procedures to follow if there is a complaint regarding the actions of the Department or to request a review of the findings made by the Department during or at the conclusion of the investigation;
7. The right of the person to review records filed with the court in the event an action is filed;
8. The right of the person to seek legal counsel;
9. References to the statutory and regulatory provisions governing child abuse and neglect and how the person may obtain copies of those provisions;
10. The process the person may use to acquire visitation with the child if the child is removed from the home; and
11. A statement that a failure to appear for court proceedings may result in the termination of the person's parental rights to the child.
Credits
Laws 1995, c. 353, § 8, eff. Nov. 1, 1995; Laws 1998, c. 416, § 16, eff. Nov. 1, 1998; Laws 2004, c. 435, § 1, eff. Nov. 1, 2004. Renumbered from Title 10, § 7108 and amended by Laws 2009, c. 233, §§ 85, 217, emerg. eff. May 21, 2009.
10A Okl. St. Ann. § 1-2-106, OK ST T. 10A § 1-2-106
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.
