Okla. Stat. tit. 10A, § 1-2-102
Preliminary Safety Analysis, Assessment, and Investigation - Report and Findings - Referrals - Plan of Safe Care - Parent on Active Military Duty
Effective Jul 1, 2009Laws 1995, HB 1978, c. 352, § 9, emerg. eff. July 1, 1995; Amended by Laws 1998, SB 1224, c. 421, § 6, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 1999, SB 85, c. 44, § 1, eff. November 1, 1999 (superseded document available); Amended by Laws 2000, HB 2452, c. 374, § 8, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2009, HB 2028, c. 233, § 17, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. 7003-1.1 by Laws 2009, HB 2028, c. 233, § 213, emerg. eff. May 21, 2009; Amended by Laws 2009, HB 1734, c. 338, § 4, emerg. eff. July 1, 2009 (superseded document available).
A.
- 1. Upon receipt of a report that a child may be abused or neglected, the Department of Human Services shall conduct a safety analysis.
- 2. The Department shall forward a report of its assessment or investigation and findings to any district attorney's office which may have jurisdiction to file a petition pursuant to Section 1-4-902 of this title.
B.
1. If, upon receipt of a report alleging abuse or neglect or during the assessment or investigation, the Department determines that:
- a. the alleged perpetrator is someone other than a person responsible for the child's health, safety, or welfare, and
b. the 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,
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.
2. After making the referral to the law enforcement agency, the Department shall not be responsible for further investigation unless:
- a. the Department 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,
- b. 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
- c. the appropriate law enforcement agency requests the Department, in writing, to participate 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.
C.
- 1. Any law enforcement agency receiving a referral as provided in this section shall provide the Department with a copy of the report of any investigation resulting from a referral from the Department.
- 2. Whenever, in the course of any criminal investigation, a law enforcement agency determines that there is cause to believe that a child 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.
Laws 1995, HB 1978, c. 352, § 9, emerg. eff. July 1, 1995; Amended by Laws 1998, SB 1224, c. 421, § 6, emerg. eff. June 11, 1998 (superseded document available); Amended by Laws 1999, SB 85, c. 44, § 1, eff. November 1, 1999 (superseded document available); Amended by Laws 2000, HB 2452, c. 374, § 8, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2009, HB 2028, c. 233, § 17, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. 7003-1.1 by Laws 2009, HB 2028, c. 233, § 213, emerg. eff. May 21, 2009; Amended by Laws 2009, HB 1734, c. 338, § 4, emerg. eff. July 1, 2009 (superseded document available).